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PUTRAJAYA - The Conference of Rulers has been urged to review the entire process that took place throughout the Negeri Sembilan royal institution's crisis to ensure that all actions concerning the positions of the Yang di-Pertuan Besar and the Undang comply with the Constitution of the Government of Negeri Sembilan (UUTKNS) 1956.
Constitutional expert Datuk Dr Wan Ahmad Fauzi Wan Husain said the review should cover the entire chronology, including the process in the Council of Justice and Undangs (DKU), as well as the positions of the Yang di-Pertuan Besar, the four Undangs and the Tunku Besar of Tampin.
He said the Conference of Rulers could examine whether the processes and powers exercised throughout the dispute were in accordance with the state's constitutional framework.
“The Rulers need to examine the processes that took place. There may be important information that was not shared with the public but is crucial in determining whether the actions taken complied with the requirements of constitutional law.
“The Rulers' assessment would be fairer to the positions of Tuanku Muhriz, Tunku Nadzaruddin and the Undangs of the Luaks who are the subjects of the dispute, as they do not have partisan interests,” he told Sinar Harian.
Wan Ahmad Fauzi said at the same time, Federal authorities other than the Yang di-Pertuan Agong and the Rulers should not take over the functions of state authorities in determining the accession to or abdication of the throne, as provided for under the UUTKNS.
However, he said that in an increasingly critical situation, the Federal guarantee under Article 71 could be interpreted as allowing the Agong and Rulers to advise on the legitimate positions of the Yang di-Pertuan Besar and the Undangs based on decisions made by the competent authorities under the UUTKNS.
He stressed that the Conference of Rulers does not replace the bodies empowered under the UUTKNS, but can instead review the process, provide advice and help ensure that the rule of law is upheld.
He said the review should not focus solely on recent developments, but should take into account the chronology dating back to the DKU meeting on March 5, developments in April and the decision by the four Undangs on April 19.
Wan Ahmad Fauzi said Article 10 of the UUTKNS, which concerns the process of requesting the Yang di-Pertuan Besar to abdicate, also needed to be examined, particularly whether the requirements for a full inquiry or investigation had been fulfilled before any decision was made.
“It is time for the Rulers to safeguard the integrity of the UUTKNS in determining all processes that have taken place, particularly the abdication and succession of the Yang di-Pertuan Besar and the Undangs of the relevant Luaks, in accordance with the principle of the rule of law,” he said.
