Article 16(3) of the Negeri Sembilan Constitution 1959 makes the advice of the Dewan Keadilan dan Undang (DKU) final on questions of Malay custom. Those questions include the election and removal of an Undang.
The wording is unusually explicit. The advice “shall be final and shall not be challenged or called in question in any court on any ground”.
This provision was absent from the Constitution when it came into force in 1959. It was inserted in 1982, following a disputed succession in Luak Jelebu that had reached the Federal Court two years earlier.
The disputed Undang of Jelebu succession
On 4 February 1980, after the passing of the 14th Undang of Jelebu, Musa Wahab was proclaimed the 15th Undang of Jelebu.
At the time, Dato’ Ombi Syed Alwi Syed Idrus was responsible for investigating and nominating eligible candidates. He submitted three names, but the acting Undang, Dato’ Menteri Othman Baginda, considered all three ineligible and chose Musa instead. The Dato’ Ombi and six other clan chiefs objected.
Three days after the proclamation, the DKU met and acknowledged Musa’s appointment. Two weeks after that, the Dato’ Ombi sued in the Seremban High Court (Federal Court, 26 September 1980).
What did the High and Federal Courts decide?
The High Court initially sided with the Dato’ Ombi, ruling that it had jurisdiction to hear the challenge to Musa’s election.
Musa and the acting Undang appealed. On 26 September 1980, the Federal Court reversed that ruling by a majority of four to one. The judges considered the DKU better placed to resolve questions of custom and declined to exercise jurisdiction (Malaysiakini, 8 July 2026, Malay Mail, 22 September 2026).
The dissenting judge, Lord President of the Federal Court Suffian, saw a problem. In his view, only clear words in a constitution could shut the courts out. He said:
“I would rather that State Constitutions be amended”.
He explained that suitable amendments could leave future succession disputes to authorities better equipped to determine them, while keeping the courts outside that process (Federal Court, 26 September 1980).
What changed in 1982?
The Legislative Assembly amended the Constitution in 1982. Under Article 78, an amendment needs the votes of at least two-thirds of the Assembly’s members. The official reprint records the change against Article 16 as N.S. Gazette No. 546/1982.
The new Article 16 named the election and removal of Ruling Chiefs as matters for the DKU. It let the Menteri Besar refer such questions to the DKU. It also added Article 16(3), which says the DKU’s advice on these questions “shall be final and shall not be challenged or called in question in any court on any ground.”
What was UMNO and Rais Yatim’s role?
A column by Faisal Tehrani cites the intervention of Rais Yatim, then UMNO Menteri Besar, who said that the appointment of Musa as Undang of Jelebu could no longer be disputed and that it had been recognised by the state government.
Faisal called out how UMNO deftly used the argument of state government and the Yang di-Pertuan Besar’s blessing to cement the status of their favoured Undang candidate. Musa was an active UMNO member and figure (Malaysiakini, 8 July 2026).
Why does it matter in 2026?
Article 16(3) has acquired renewed significance in 2026, following the DKU’s acknowledgements concerning the removal of several Undangs. State gazettes dated 23 October recorded the removals.
The status of the four signatories matters because they invoked Article 10 to declare Tuanku Muhriz removed on 19 April and Article 11 to proclaim Tunku Nadzaruddin as his successor on 5 June.
Since then, the four signatories have continued to issue joint media statements, disputing their own removals, maintaining that Tuanku Muhriz was removed as the 11th Yang di-Pertuan Besar and recognising Tunku Nadzaruddin as the 12th Yang di-Pertuan Besar.
Can Article 16(3) be challenged in court?
Article 16(3) is an ouster clause (a provision intended to exclude judicial review), and it remains contested whether ouster clauses can exclude the courts entirely.
In 1978, Raja Azlan Shah declared in Pengarah Tanah dan Galian v Sri Lempah Enterprise that:
“Every legal power must have legal limits, otherwise there is dictatorship.” (The Malaysian Insight, 12 July 2021).
Two years later, he sat on the Federal Court bench in the Jelebu succession dispute, joining the majority that left the matter to the DKU (Federal Court, 26 September 1980, Malay Mail, 22 September 2026).
In 2018, the Federal Court held in Indira Gandhi that judicial review forms part of the basic structure of the Federal Constitution and cannot be abolished by constitutional amendment. Lawyer Surendra Ananth argued that the judgment meant ouster clauses could not exclude judicial review on grounds including illegality and procedural impropriety (Malay Mail, 30 January 2018).
The Federal Court has since stepped back from that position. In Maria Chin Abdullah in 2021, a majority rejected the reasoning used in Indira Gandhi. It is therefore unsettled whether a clause like Article 16(3) can fully shut the courts out (The Malaysian Insight, 27 June 2022).
Lawyer GK Ganesan draws a separate distinction. He argues that if a dispute concerns “title to succession” under custom, Article 71 may place it within the authority of the DKU. If it instead concerns whether constitutional requirements were followed, the courts may have grounds for judicial review. Which applies depends on how a court characterises the dispute (GK Legal, 6 June 2026).
In practice, the courts have treated succession disputes as questions of custom and have declined to intervene in several cases since the Jelebu decision, from Sungei Ujong in 1998 to Rembau in 2024. What is Article 16 of the Negeri Sembilan Constitution 1959? sets out each case.
Former Court of Appeal judge Mohd Hishamudin Md Yunus favours the view that Article 16(3) cannot exclude judicial review entirely (Malay Mail, 6 May 2026).
To date, no court has ruled on whether Article 16(3) can exclude judicial review entirely. Its finality provision remains part of the constitutional framework governing the DKU’s advice on Malay custom.
Summary
In 1980, a disputed Undang election led to a Federal Court judgment that prompted questions about the finality of the DKU’s advice. The Constitution was amended in 1982 to give that advice express finality.
Forty-four years later, the question remains whether the removed Undangs’ continued claims to authority can be reconciled with the very constitutional framework from which that authority derives.
Read next: What Is Article 16 of the Negeri Sembilan Constitution 1959?
Related posts
Sources:
Who Has the Power to Close Factories? (The Malaysian Insight, 12 July 2021)
The NS Constitution and the Clause Built to Silence the Courts: Can It? (GK Legal, 6 June 2026)
Kolum: Siapa Pelerai Krisis Undang Jelebu Tahun 1980? (Malaysiakini, 8 July 2026)
Do Not Usurp the Constitutional Function of the DKU: Hafiz Hassan (Malay Mail, 22 September 2026)
DKU Rejects Claim Tuanku Muhriz Has Ceased to Be Negeri Sembilan Ruler (Malay Mail, 5 October 2026)
Negri Ruler Formally Removes Disputed Chiefs by Gazetted Decree (The Star, 28 October 2026)
Tunku Nadzaruddin, Disputed Undangs Claim Gazette on Removals Invalid (FMT, 29 October 2026)
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Anak Nogori is independent commentary on the unfolding constitutional crisis in Negeri Sembilan, where centuries-old Adat Perpatih, royal succession law, and modern political manoeuvring are colliding in ways Malaysia has never seen before. If you find this useful, share it with someone who should be following this, or subscribe to receive the latest articles in your inbox.
