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MALAYSIA’S proposed separation of the Attorney-General and Public Prosecutor roles is expected to move a step closer next month, with Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said arguing that the reform is necessary to strengthen parliamentary accountability and institutional transparency.
Azalina said the current structure often forced ministers to answer in Parliament on behalf of the Attorney-General despite lacking full knowledge of the matters being raised.
“So, when you are accountable to Parliament, for example when the Attorney-General attends Parliament, the Attorney-General cannot run away and hide from the truth.
“Now, is it fair for me to answer something that I myself do not know how to answer? Is it fair for me to answer something for which I do not have full knowledge? It is not fair,” she said.
She was speaking while officiating the MADANI Accountability Framework Townhall at the National Legal Academy on Sunday.
Azalina said discussions on the proposed separation of powers between the Attorney-General and Public Prosecutor were expected to be finalised by May 18 before being tabled in Parliament during the June sitting.
The minister said multiple perspectives were still under consideration, including the extent of Parliament’s involvement in the appointment process.
“There are many views regarding the separation of the Attorney-General and Public Prosecutor. Some say Parliament must be fully involved, while others argue that the Constitution does not allow parliamentary involvement in such appointments.
“However, we are trying to find a middle ground so that it can be implemented properly,” she said.
Azalina noted that several opposition representatives had failed to attend two or three previous meetings on the matter, but expressed hope that a final decision could be reached at the next session.
On March 3, the government announced that the Constitution (Amendment) Bill (No. 2) 2026, aimed at separating the functions of the Attorney-General and Public Prosecutor, had been referred to the Parliamentary Special Select Committee.
The bill was tabled for its first reading on February 23, although its second reading did not proceed to parliamentary debate.
Azalina explained that the use of the term “litigation” in the proposed legislation was deliberate, ensuring that the qualifications for the Public Prosecutor position would not be confined solely to criminal litigation.
She said the role would encompass a broad range of legal expertise, including commercial crime, financial offences, money laundering, cybercrime, national security, regulatory law and appeals before the highest courts involving constitutional and administrative law matters.
According to Azalina, the proposed minimum requirement of 10 years’ litigation experience was intended to ensure candidates possessed the professional competence and maturity necessary to lead an increasingly complex prosecution institution, in line with standards in the United Kingdom and Canada, and higher than those in Australia.
Separately, Azalina said no formal objection had been received from UMNO regarding the proposed Political Financing Bill, although the government had yet to receive official positions from political parties on the matter.
“So far I have not heard UMNO raise objections to the proposal on political financing, but the matter has not yet been formally tabled because it requires official views from every political party,” she said after the event.
The minister, who is also the Member of Parliament for Pengerang, said the proposed legislation remained under study and required consensus among all political parties, as they would ultimately become the primary users of the law.
She said several policy matters had yet to achieve unanimous agreement, including whether political parties should receive public funding, contribution limits and which entity should regulate political financing.
“For UMNO, the issue of political financing is often discussed, but so far it has not reached the Legal Affairs Division stage, while several other political parties also raised the matter during the 15th General Election,” she said.
Azalina added that the final decision on the Political Financing Bill would depend on agreement from all political parties.
Last year, Malaysian Anti-Corruption Commission chief commissioner Tan Sri Azam Baki called for the expedited introduction of a Political Financing Act focusing on election campaign funding.
The proposed legislation is widely viewed as a mechanism to regulate political funding activities and strengthen transparency, fairness and integrity within Malaysia’s democratic and political system. - May 10, 2026
