OPINION | Dear Attorney General, what say you on the sacking of the entire Exco in NS by the Yang di Pertuan Besar?

Opinion
27 Sep 2026 • 7:30 AM MYT
FLK
FLK

Used to do a bit of work in corporate restructuring, corporate `undertaker.

On 21 Sept 2026, Yang di-Pertuan Besar Negeri Sembilan Tuanku Muhriz Tuanku Munawir revoked the appointments of the state’s executive councillors with immediate effect after finding that they had breached their oath of office through their actions and statements on 15 Sept 2026.

Few days earlier, the Dewan Keadilan dan Undang Negeri Sembilan (DKU) accused the Negri Sembilan state executive council of treason for allegedly attempting to overthrow Yang di-Pertuan Besar Tuanku Muhriz Tuanku Munawir.

The DKU contends that the April 19, 2026 proclamation removing Tuanku Muhriz was unconstitutional and null since it did not satisfy mandatory legal conditions.

The state executive council maintained that the proclamation, which appointed Tuanku Nadzaruddin Tuanku Ja'afar as the new ruler, was valid, while the DKU characterized the actions as a coup, demanding legal accountability.

Subsequent to the above, the solicitors, acting for Raja Norazli Raja Nordin, the DKU secretary, and the DKU issued a letter to the Negri Sembilan Menteri Besar, copied to members of the state executive council, the state secretary and the state legal adviser where the solicitors reiterated again to the MB and the State exco that they are subverting the executive authority of Tuanku Muhriz under the UUTKNS, and is further intended to overthrow and dethrone Tuanku Muhriz, conducts that was “tantamount to a coup d’etat and an act of treason”, punishable under the Penal Code and other relevant laws.

In Malaysia, the word "treason" does not officially exist as a distinct charge in the law books. Instead, actions equivalent to treason are prosecuted as "waging war against the Yang di-Pertuan Agong" or State Rulers under Section 121 of the Penal Code.

Under Article 145(3) of the Federal Constitution, the Attorney General (acting as the Public Prosecutor) has absolute, unfettered discretion to institute, conduct, or discontinue any criminal proceedings against citizens for these offenses.

The AG holds the exclusive power to initiate or consent to legal actions regarding offenses against the state or proceedings involving the royalty.

And in this matter, if those which the DKU has openly accused of committing treason, the Attorney-General has no choice but to instruct the police to conduct an investigation upon which the AG must decide if the political removal i.e the sacking is a sufficient remedy, or if criminal prosecution under security or penal laws is required to deter future actions.


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