The proclamation of Tunku Nadzaruddin Tuanku Ja’afar as the 12th Yang di-Pertuan Besar of Negeri Sembilan remains valid despite a High Court injunction issued earlier on June 5, according to a constitutional law expert.
Universiti Teknologi MARA Faculty of Law senior lecturer Dr Ikmal Hisham Md Tah told BusinessToday that the interim injunction granted by the Seremban High Court came after the crucial Dewan Keadilan dan Undang (DKU) meeting had already concluded, meaning the court order could not retrospectively invalidate decisions already made.
“The interim injunction was granted effectively at 11:06am to stop the majority members of the DKU from conducting the special meeting. However, the meeting had already taken place at 9:52am.
“As such, the injunction becomes academic because the meeting had concluded and there was nothing left to stop. The proclamation of Tunku Nadzaruddin as the new Yang di-Pertuan Besar still stands as the Undangs had already made their decision under the Negeri Sembilan Constitution,” he said.
Dr Ikmal was asked to comment on the proclamation of Tunku Nadzaruddin as Negeri Sembilan’s 12th Yang di-Pertuan Besar, a move that further escalated an ongoing royal succession dispute that has divided state authorities and triggered legal challenges.
Commenting further, Dr Ikmal said matters relating to the appointment or removal of a Negeri Sembilan ruler fall squarely within the state’s constitutional framework and royal prerogatives.
“Any matters related to the appointment of a ruler belong to state matters,” he said, pointing to Article 71 of the Federal Constitution, which guarantees and protects the rights of rulers and ruling chiefs.
He emphasised that disputes involving the appointment of the Yang di-Pertuan Besar must be resolved according to the state constitution, and that the federal government is constitutionally obliged to respect decisions made by the state’s ruling chiefs.
“In this situation, the federal government needs to respect the rights of the ruling chiefs to make decisions, including the installation of a new Yang di-Pertuan Besar, because this is a royal prerogative protected under both the Federal Constitution and the Negeri Sembilan Constitution,” he said.
Dr Ikmal was responding to the statement from Prime Minister Datuk Seri Anwar Ibrahim where he reaffirmed that Putrajaya would continue recognising Tuanku Muhriz Tuanku Munawir as the legitimate Yang di-Pertuan Besar of Negeri Sembilan.
Anwar argued that the government’s stance was based on constitutional and legal considerations, warning that any attempt to depose a ruler carries significant implications for national stability and the institution of the Malay Rulers.
The legal and constitutional uncertainty stems from an April declaration by four Undangs, including the disputed Sungai Ujong Undang Datuk Mubarak Thahak, who announced the removal of Tuanku Muhriz and named Tunku Nadzaruddin as his successor.
The matter is further complicated by ongoing court proceedings involving the DKU, with the High Court currently examining issues surrounding jurisdiction and the legality of decisions made during meetings linked to the succession dispute.
With the courts yet to rule on the substantive issues and the federal government and state royal authorities appearing to hold differing positions, the Negeri Sembilan succession crisis is increasingly shaping up as one of Malaysia’s most significant constitutional tests involving the balance between judicial proceedings, federal authority and royal prerogative.
