Kuala lumpur: A constitutional amendment concerning the separation of powers between the Attorney General (AG) and Public Prosecutor (PP) is planned to be tabled next year to ensure the legal validity of this institutional reform. Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, announced the development following a Cabinet decision on September 10 to adopt a full separation model, with the two roles being held by separate, equal-ranking individuals.
According to BERNAMA News Agency, Azalina stated that the next step is to amend the Constitution, providing the legal authority to lawfully implement the separation of the roles and powers of the AG and PP. She mentioned that the government intends to table the Federal Constitution Bill next year in response to an inquiry by Datuk Seri Takiyuddin Hassan (PN-Kota Bharu) in the Dewan Rakyat.
Once the amendment is passed, Azalina explained that a Remuneration Bill will be tabled to establish the Public Prosecutor’s salary and allowance structure, alongside an omnibus Bill to amend laws related to prosecutorial functions. She added that over 20 statutes, including the Penal Code, Criminal Procedure Code, Evidence Act, Immigration Act, and Judicial Appointments Commission Act, would need amendments for the full implementation of this separation of powers.
In response to a supplementary question from Takiyuddin on whether the AG would become part of the administration after the separation, Azalina indicated that the matter depends on a policy decision by the Cabinet. She clarified the issue of whether the government wants the AG in Parliament, which would require them to be a sitting member of parliament or senator.
Azalina also highlighted that the government has conducted comparative studies of the systems in Canada, Australia, and the United Kingdom to examine best practices and safeguard prosecutorial independence following the separation. She mentioned that a special task force has completed comparative, doctrinal, and socio-legal research to lay the groundwork for implementing this reform comprehensively and transparently.
She noted that many NGOs in the country have pointed out that the crucial roles would involve financial matters, payments, promotions, and ensuring genuine independence in appointments and dismissals.