PUTRAJAYA: The government has agreed in principle to fully separate the roles of the Attorney General (AG) and the Public Prosecutor, in what is seen as a landmark step towards legal and institutional reform.
Communications Minister Datuk Fahmi Fadzil, who is also the Madani Government spokesperson, announced the decision at his weekly press conference today.
He said that Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said presented various separation models to the Cabinet during its weekly meeting earlier.
“After a thorough consideration, the Cabinet has agreed to implement the full separation of roles by establishing both positions independently and equally under the Federal Constitution.
“The decision was made following the submission of a final report and proposed direction by the Special Comparative Study Task Force, chaired by Azalina,” he said.
Meanwhile, the Legal Affairs Division (BHEUU) of the Prime Minister’s Department, in a statement, said that amendments will be made to the Federal Constitution, specifically Articles 145, 183, and 42, to create an autonomous position of Public Prosecutor.
In addition, an omnibus Law Reform (Public Prosecutor) Bill will be drafted to amend the Criminal Procedure Code and 18 other related laws.
A new act will also be introduced to govern the remuneration of both the Attorney General and the Public Prosecutor, similar to the Judges’ Remuneration Act 1971 (Act 45).
The statement said that the Cabinet has also agreed that implementation will take place in phases, allowing for adjustments to the current legal and administrative structure.
“To that end, a Special Technical Task Force led by BHEUU, in collaboration with the Attorney General’s Chambers, the Ministry of Finance, the Public Service Department, the Judicial and Legal Service Commission, and the Public Services Commission, will detail all implementation aspects, including organisational structure, staffing, logistics, and financial implications,” the statement read.
The final recommendations from this task force will be submitted to the Cabinet for approval, allowing the necessary constitutional amendments and subsequent legal reforms to be carried out effectively and in accordance with existing laws.
“This initiative represents a holistic and significant legal institutional reform under the Madani Government framework, which aimed at strengthening governance, upholding the rule of law, and boosting public confidence in the country’s justice system,” it added.