Did NS govt interfere with monarchy in proclamation stance, asks analyst

Negeri Sembilan’s menteri besar Ismail Lasim is obliged to clarify why a proclamation to remove Tuanku Muhriz Tuanku Munawir as ruler should not be perceived as political interference, says an analyst.

Syaza Shukri of the International Islamic University Malaysia said interference in the monarchy occurs when a government moves beyond merely acknowledging an issue to take a position on who is, or is not, the legitimate ruler.

She said the now-sacked state executive council should have taken a cautious approach by maintaining the status quo after the Attorney-General’s Chambers (AGC) concluded that the April 19 proclamation—purportedly issued by the state’s four Undangs—was invalid.

“Here, the government was not merely taking note, but making a decision on the position of the Yang Dipertuan Besar,” she told FMT.

In April, Umno’s 14 state assemblymen—led by Jalaluddin Alias—withdrew support for Pakatan Harapan’s then menteri besar Aminuddin Harun following his administration’s refusal to endorse the proclamation.

At the time, BN claimed it was doing so in defence of the state’s constitution, laws and its adat institutions.

The withdrawal resulted in the collapse of the PH-BN state government and necessitated elections which put BN in power.

On Sept 15, shortly after being sworn in, new menteri besar Ismail Lasim and his state exco affirmed the proclamation and sought to have it gazetted and enforced, ignoring the AGC’s position on the matter.

The endorsement came despite Ismail rejecting the document’s validity only a few days earlier.

On Sept 9, Ismail told a press conference that the proclamation was invalid for non-compliance with Article 10 of the Negeri Sembilan Constitution 1959. He also said he had signed it under duress and had lodged a police report to facilitate investigations.

Syaza said Ismail must set out the constitutional grounds on which the exco was empowered to support or recognise a replacement for the Yang di-Pertuan Besar.

She said this was important because BN had previously accused Aminuddin of interfering in royal affairs by pledging his continued support for Tuanku Muhriz as ruler.

“If there is a substantive position that distinguishes the situation then from now, that difference must be explained,” she said.

Syaza also said the principle of collective responsibility applied to all members of the state government.

She said the issue did not rest with Umno alone, as PAS—now part of the administration—had previously supported Jalaluddin’s actions.

“If PAS or its exco members had objections, show the record. Silence means agreement,” she said.

Consistency

Ahmad Zaharuddin Sani Ahmad Sabri of Global Asia Consulting said political parties must demonstrate consistency in the principles they uphold, whether in government or opposition.

“The people do not only judge decisions, they judge consistency,” he said, adding that the present crisis was ultimately a test of that consistency.

Zaharuddin noted that Aminuddin’s administration had previously raised questions of interference in adat institutions.

He said the new government must explain where it draws the line when making decisions that directly affect the position of the Yang di-Pertuan Besar.

Zaharuddin said BN may have its own legal interpretation, while those supporting the proclamation might argue that it was based on customary law powers.

In any event, he said the positions of the AGC and the state’s Dewan Keadilan dan Undang (DKU)—which on Sept 13 reaffirmed Tuanku Muhriz as the lawful ruler—could not simply be brushed aside.

Zaharuddin called for an end to politicking in Negeri Sembilan and for all parties to respect the state constitution, adat institutions and legal process.

“Politics may change after an election but principles should remain unchanged after gaining power,” he said.

The analysts said the state government must now explain:

• the constitutional basis of its authority to recognise or endorse a replacement for the Yang Dipertuan Besar;
• the reasons for taking a position that contradicts the advice of the AGC and the declarations of the DKU;
• how its decision to ignore the DKU’s position differs from its own criticism of Aminuddin’s refusal to endorse the April 19 proclamation when he was menteri besar.

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