SEPTEMBER 24 — The Melaka State Legislative Assembly (SLA) has been dissolved to pave the way for the 16th state election.

The SLA is better known as Dewan Undangan Negeri (DUN), constituted under Article 10 of the State Constitution.

It is a constitutional ‘Dewan’, as the case is in other states, except Negeri Sembilan.

In that Adat Perpatih state, as the state is known, there is another constitutional “Dewan”. It is known as Dewan Keadilan dan Undang (DKU), constituted under Article 16 of the State Constitution.

The DKU serves “to advise on questions relating to Malay Custom in any part of the State including questions relating to the election or succession to or removal from or vacation of office of any of the Ruling Chiefs referred to in Article 14 or on other matters which may be referred to it by His Highness or any of the Ruling Chiefs and to exercise such functions as may be conferred upon it by this Constitution or any other written law”.

The Menteri Besar (MB) may refer to the DKU for its advice on the custom, and when the DKU gives its advice, the advice “shall be final and shall not be challenged or called in question in any court on any ground”.

The DKU is comprised of the Yang di-Pertuan Besar, the Ruling Chiefs – that is, the Undang of the Luak of Sungai Ujong, the Undang of the Luak of Jelebu, the Undang of the Luak of Johol, the Undang of the Luak of Rembau and the Tengku Besar of Tampin, the Tengku Besar of Sri Menanti, Dato Shahbandar of Sungai Ujong and “such other Malay member or members as may from time to time be appointed for such period as may be prescribed by His Highness and the Undangs” provided that where the DKU deliberates on State or National policy the MB must be invited to attend.

The DKU must meet at least three times a year. The Yang di-Pertuan Besar presides at all meetings of the DKU and, in his absence, the members must choose one from among themselves to preside. 

The quorum of the meeting is not “less than one-half of the members present” besides the presiding member.

Subject to the provisions of the State Constitution, the DKU may determine its own procedure and appoint its own committee to carry out its functions.

The minutes of the meetings must be kept of all the proceedings of the DKU. At every meeting of the DKU, the minutes of the previous meeting must be confirmed with or without amendment as the case may require, before the meeting proceeds to other business.

The official language of the DKU is Bahasa Melayu. The DKU may invite any person to attend any of its meetings if it considers that the presence of such a person is desirable. 

The Yang di-Pertuan Besar may from time appoint a Secretary to the DKU. The latter holds office during the pleasure of the former.

From the above, one may say that the DKU is not unlike the DUN which has its members (elected ADUNs), the Yang di-Pertua (Speaker), number of meetings, quorum, own procedure, committees, minutes of meetings (Penyata Rasmi), official language (Bahasa Melayu) and Secretary (Setiausaha DUN).

Importantly, if a proceeding of the DKU is on questions relating to Malay Custom in any part of the State including advice on any question relation to the election or succession to or removal from or vacation of office of any of the Ruling Chiefs, the advice “shall be final and shall not be challenged or called in question in any court on any ground”.

The words “shall be final” appear in at least two other Articles in the State Constitution.

The first is Article 55 on Decision as to Disqualification of Members. Clause (1) says that if any question arises whether an ADUN has become disqualified for membership, the decision of the DUN “shall be taken and shall be final”.

The second is Article 57 on the Yang di-Pertua DUN. Clause (5) says that where any question arises regarding the disqualification of the Yang di-Pertua or his deputy under Clause (4), the decision of the DUN “shall be taken and shall be final”.

If the ADUNs must accept the finality of the decisions under Article 55 and Article 57, why not the Ruling Chiefs and the Menteri Besar and the State Executive Council (Exco), who are no less ADUNs themselves, accept the advice of the DKU under Article 16?

The DKU has reaffirmed that Tuanku Muhriz Tuanku Munawir remains the legitimate Yang di-Pertuan Besar of the State, saying there is no vacancy in the position and no successor while it is lawfully occupied.

So, it is mind-boggling that the advice of the DKU is not acted upon by the Ruling Chiefs.

When Menteri Besar Datuk Ismail Lasim said that “the sovereign power of the Ruler in matters of state administration shall be exercised on the advice of the YAB Menteri Besar and the State Executive Council”, citing Article 40(1), he may have overlooked that under Article 28(1), the Yang di-Pertuan Besar and the Rulings Chiefs are collectively the Ruler.

Article 40(1) states the general principle that the Ruler – again, collectively the Yang di-Pertuan Besar and the Ruling Chiefs – is to act on advice.

Lest it is forgotten, there is also Article 40(1A) which says that the Ruler is “to act in accordance with the advice or on the advice of any person or body of persons”.

In other words, the Ruling Chief must accept and act with or on the advice of the DKU. So too the State Government. More so when the advice “shall not be challenged or called in question in any court on any ground”.

Ismail says Article 38(5), which deals with the tenure of exco members, cannot be read on its own. It must be read with Articles 38(4) and 40(1).

I say Article 40(1) cannot be read on its own. It must be read with Articles 40(1A) and 28(1).

Accordingly, the Ruling Chiefs must act on the advice of the DKU.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.