KUALA LUMPUR: The crisis in Negeri Sembilan involving the Menteri Besar, executive councillors (Exco), chieftains and Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir has escalated into a full-blown constitutional crisis, undermining the rule of law and institutions established under the Federal Constitution.
Former Malaysian Bar president Salim Bashir Bhaskaran said Ismail’s declaration that the Exco would continue to function despite Tuanku Muhriz’s Sunday decree revoking its members’ appointments showed the severity of the crisis, which has dragged on for more than five months.
“The Menteri Besar is not backing off. If he continues to do so (by not providing a new list of names to Tuanku Muhriz), it shows that we are looking at a full-blown constitutional crisis,” Salim told Twentytwo13.
On Sunday, Tuanku Muhriz directed Ismail to present a list of candidates for appointment as new Exco members.
In a statement, the Negeri Sembilan palace said the decision was made after the Exco members were found to have breached their oath of office on Sept 15, when they agreed to remove Tuanku Muhriz as the Yang di-Pertuan Besar.
Salim said the Ruler had constitutional powers to revoke Exco appointments in two situations – first, on the advice of the Menteri Besar, and second, due to a breach of oath.
He said under Article 38(5) of the Laws of the Constitution of Negeri Sembilan 1959, Exco members, with the exception of the Menteri Besar, served at the pleasure of the Ruler.
However, Ismail said today that any action to dismiss or terminate an Exco member’s tenure without the advice or request of the Menteri Besar constituted a legal error, was unconstitutional and had no legal force.
The Menteri Besar said he had neither been consulted nor advised at any time on the dismissal of any Negeri Sembilan Exco member under Article 38(5) of the Laws of the Constitution of Negeri Sembilan 1959.
“As such, there is no requirement to submit a new list of Exco members because the existing lineup remains valid and will carry out their duties as usual,” Ismail had said today.
Salim said the fresh appointment of the Exco needed to be made promptly to avoid disrupting the running of the state government’s official business and ensure the welfare of the people was taken care of.
He added that those aggrieved by Tuanku Muhriz’s decision to sack the Exco could potentially resolve any ambiguity through the Special Court.
Separately, 10 former Malaysian Bar presidents, including Salim, called for an immediate and complete halt to “the assault on the constitutional sovereignty of the Negeri Sembilan monarchy and the rule of law”.
The nine others – Datuk Mah Weng Kwai, Datuk Kuthubul Zaman Bukhari, Datuk Yeo Yang Poh, Datuk Ambiga Sreenevasan, Ragunath Kesavan, Datuk Lim Chee Wee, Christopher Leong, Datuk George Varughese and Karen Cheah Yee Lynn – urged the Negeri Sembilan state government, all public officials and Malaysian citizens to uphold the Federal Constitution and the Laws of the Constitution of Negeri Sembilan 1959.
They also called on them to preserve the rule of law and fully respect the sovereignty and constitutional standing of Tuanku Muhriz as the sole, lawful and reigning Yang di-Pertuan Besar of Negeri Sembilan.
“We are a country of laws. Yet several events of the past few days have wrought chaos upon the sanctity of the rule of law and the institutions established under the Federal Constitution,” the 10 said.
They said Malaysians were shocked by reports on Sept 16 that Tuanku Muhriz had purportedly been deposed unilaterally and unceremoniously by the Negeri Sembilan Exco, without any stated grounds, due process or inquiry.
The senior lawyers said the reported conduct of the Exco was an egregious violation of the Laws of the Constitution of Negeri Sembilan 1959 and a direct and unlawful assault on the institution of constitutional monarchy.
“The removal of a reigning constitutional sovereign is an extraordinary measure of the gravest constitutional consequence.
“Political expediency, backroom manoeuvres and unilateral executive decrees can never be a substitute for due process. In Negeri Sembilan, that removal process is strictly governed by Article 10 of the state constitution, which stipulates three conditions.”
The 10 said the first condition for initiating the removal of the Ruler was the holding of a “full and complete enquiry by the Undang” to establish whether valid and sufficient grounds existed for such an extraordinary course of action.
Based on media reports, they said there was no evidence that any inquiry had been conducted. No charges or grounds of misconduct had been made known to the public.
“Most crucially, it appears that His Royal Highness was never notified of any allegations, let alone afforded the elementary right to be heard.”
They said attempts by the Exco to claim that an inquiry had been held did not stand up to scrutiny, having been raised only belatedly and without any explanation as to whether Tuanku Muhriz had been notified or given an opportunity to be heard.
“In any event, such an alleged inquiry cannot constitute the ‘full and complete enquiry by the Undang’ required under Article 10(1) of the state constitution.”
They said the second and third conditions stipulated that a proclamation must be executed “under the hands of the Undang and the Menteri Besar”.
“Serious questions arise as to the validity, propriety and legality of the purported Proclamation dated April 19, 2026, which has been denounced by former Menteri Besar Datuk Seri Aminuddin Harun and disavowed by current Menteri Besar Datuk Ismail Lasim, who has stated that he signed it under duress and lodged a police report.
“Further, if the purported Proclamation is dated April 19, 2026, but was signed by the current Menteri Besar only on Aug 3, 2026, this raises a fundamental question as to its validity, given that he was not the Menteri Besar on April 19, 2026.”
The 10 said the Negeri Sembilan Exco’s announcement on Sept 16 that Tuanku Muhriz was no longer the Yang di-Pertuan Besar “smacks of blatant executive overreach”.
“The Exco possesses no constitutional mandate, jurisdiction or power to unseat a Ruler. Any such unilateral pronouncement is an ultra vires act that strikes at the very foundation of the constitutional order.”
The 10 said it was noteworthy that the invalidity of the Proclamation had been affirmed by the Dewan Keadilan dan Undang and, separately, by the Attorney General’s Chambers.
The State Secretary’s Office, they said, had likewise concurred with the latter’s position and declined to proceed with the gazettement of the purported Proclamation.
“The Exco is not above the law, and its unlawful conduct in this matter must be curbed. We call on the Federal Government to step in and finally resolve these troubling issues.
“This state of affairs sets a dangerous precedent for the constitutional monarchy and the future of this country – a country that must, at all times, chart its course strictly in accordance with the law. Such unbecoming and undignified conduct, as well as such utter disrespect for the law, must stop.”
