Kuala lumpur: The proclamation of another Yang Dipertuan Besar of Negeri Sembilan while the position of the incumbent ruler remains under dispute has raised questions over the validity of the process from both legal and customary perspectives. Legal expert Prof Emeritus Datuk Noor Aziah Mohd Awal opined that the status quo should be maintained as long as the incumbent Yang Dipertuan Besar has not been removed from the throne through a lawful and conclusive process as provided under the Constitution of the State of Negeri Sembilan and the Adat Perpatih system.
According to BERNAMA News Agency, Noor Aziah emphasized that any action relating to the removal or the appointment of a Ruler must be carried out in accordance with the legal and customary provisions that form the foundation of Negeri Sembilan's system of government to avoid disputes over the legitimacy of the process. She highlighted the seriousness of the crisis with the installation of a new Yang Dipertuan Besar, urging adherence to the provisions under the Constitution of the State of Negeri Sembilan, which stipulate the manner and form in accordance with Adat Perpatih.
Noor Aziah further stated that as long as the incumbent Yang Dipertuan Besar has not been lawfully removed from the throne, the current position should be maintained, especially since an application has been filed in court by the Undang Yang Empat. She called for maintaining the status quo until a court decision is obtained.
Meanwhile, constitutional expert Assoc Prof Datuk Dr Wan Ahmad Fauzi Wan Husain viewed the current impasse involving the royal institution and customary practices as stemming from the failure of certain parties to comply with the provisions of the Constitution of the State of Negeri Sembilan. He urged all parties involved to return to the provisions of the state constitution to help resolve the crisis while ensuring the continued stability of the royal institution, customary practices, and state administration.
Wan Ahmad Fauzi mentioned that any dispute over the interpretation of provisions in the state constitution could be referred to the Federal Court through the mechanism provided for under the law. He stressed that the institution of the Ruler would continue to command authority and respect as long as all parties upheld the rule of law and the supremacy of the Constitution in addressing any dispute.
Universiti Teknologi Malaysia (UTM) constitutional expert Dr Muhammad Fathi Yusof highlighted the uniqueness of Negeri Sembilan's monarchy, which accords a specific role to the four Undang in the state's governing structure, requiring all parties to respect the constitutional and customary framework that had long been practised. He advocated for a resolution method guided by both the State Constitution and customary law, suggesting a facilitator to bring all stakeholders together to discuss and seek a common solution.
Observers have viewed the key issue at present as not merely the proclamation of another Ruler, but whether the process leading to that action was carried out in accordance with the Constitution of the State of Negeri Sembilan and Adat Perpatih. Under Negeri Sembilan's system of government, the validity of decisions relating to the royal institution does not depend solely on announcements or proclamations, but is also subject to the procedures and mechanisms prescribed by state law and custom.