KUALA LUMPUR: As 41 Members of Parliament begin debating proposed amendments to limit the Prime Minister’s tenure to 10 years today under the Constitution (Amendment) Bill 2026, the CSO Platform for Reform has called for another proposed law – the Constitution (Amendment) (No. 2) Bill 2026 which seeks to separate the roles of the Attorney-General and the Public Prosecutor – to be deferred to the next parliamentary sitting.
The group wants the Bill to separate the roles of the Attorney-General and Public Prosecutor, referred to the Parliamentary Special Select Committee on Human Rights, Elections and Institutional Reform for detailed scrutiny and bipartisan refinement.
“We support the principle of separation, but are deeply concerned that the Constitution (Amendment) (No. 2) Bill 2026 is being tabled and scheduled for debate in a rushed manner without sufficient parliamentary scrutiny or public consultation,” the non-government organisation said in a statement.
“The current fused system under Article 145 of the Federal Constitution places advisory and prosecutorial powers in a single office. This has, for years, generated public distrust, particularly in high-profile cases such as 1MDB and other politically sensitive prosecutions.”
The group, comprising a coalition of 73 civil society organisations, said the proposed Bill introduces a new constitutional office of the Public Prosecutor, appointed by the Yang di-Pertuan Agong upon recommendation of the Judicial and Legal Service Commission, with a seven-year tenure.
While the Prime Minister is excluded, the group said concerns remain about indirect executive influence through appointments to the Judicial and Legal Service Commission.
“The Bill does not adequately embed parliamentary oversight. In a constitutional democracy, independence must be matched with accountability,” it said.
The group also suggested that Parliament have oversight powers and accountability mechanisms, such as:
• Mandatory annual reporting by the Public Prosecutor to Parliament.
• Power for a Parliamentary Special Select Committee to compel the Public Prosecutor to appear and answer questions.
• The ability for the Dewan Rakyat to pass a motion initiating a tribunal process in cases of misconduct.
Other suggestions include:
• Post-separation, the Attorney-General must have no direct or indirect role in the appointment, transfer, promotion or discipline of officers within the Public Prosecutor’s Chambers.
• The proposed seven-year term is excessively long and risks entrenching power across multiple administrations.
“We call for a four-year term, renewable once, and a mandatory retirement age consistent with senior judicial office,” the group said.
“To avoid conflict of interest, the Public Prosecutor, as the officer who initiated criminal proceedings, must not sit on the Pardons Board.”
The group further claimed that several Members of Parliament across party lines have expressed their support, and that the Parliamentary Special Select Committee has indicated that accountability provisions require refinement.
“This signals that Parliament must be allowed to perform its constitutional function fully, not be rushed into a two-thirds vote on an inadequately debated amendment,” it said.
“We urge the government to demonstrate leadership by deferring the second reading and referring the Bill to the Parliamentary Special Select Committee for comprehensive review, public consultation and cross-party engagement.”
Meanwhile, several opposition lawmakers, including Dr Halimah Ali (PN-Kapar), said they were in favour of proposing amendments that would bar prime ministers from holding the finance minister’s post, instead of limiting their term in office.
During the debate on the Constitution (Amendment) Bill 2026 today, Dr Halimah said: “Too much power would be concentrated in one person’s hands. We must learn from past mistakes. When political and fiscal authority were combined, the risk of abuse increased.
“Other countries maintain a separation of these powers precisely to prevent such misuse.”
She added that if this change was not adopted, the 10-year term limit would be a cosmetic amendment.
Syed Saddiq Syed Abdul Rahman (Muda-Muar) said he supports limiting the PM’s term in office, but also urged the government to propose other amendments.
“There are 14 more important amendments that the government should discuss, the most important being the long-promised Political Financing Bill,” he said.
“Malaysia is one of the few countries in the world which does not have this Bill.
“So, while I support the term limits for prime ministers, we should not forget the Political Financing Bill, and ensure the prime minister is not the finance minister.”
