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A CONSTITUTIONAL amendment to formally separate the powers and roles of the Attorney-General and the Public Prosecutor will be tabled in Parliament next year, marking a major milestone in Malaysia’s institutional reform agenda.
Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, told the Dewan Rakyat on Monday that the amendment is necessary to provide a clear legal foundation for the separation, which will see two distinct individuals appointed to the roles — each holding equal status.
“This follows the Cabinet’s policy decision on 10 September to adopt a full separation model,” said Azalina during a question-and-answer session.
“Following that decision, the next step in achieving this reform is to amend the Federal Constitution to provide lawful authority for separating the functions and powers of the Attorney-General and the Public Prosecutor. The constitutional amendment bill is expected to be tabled next year.”
She was responding to a question from Datuk Seri Takiyuddin Hassan (PN-Kota Bharu), who had asked for an update on the government’s plans for the separation of powers between the two offices.
Once the constitutional amendment is passed, Azalina said the government will subsequently table two additional bills: one concerning the remuneration structure for the new Public Prosecutor role, and another omnibus bill to amend over 20 existing laws tied to prosecutorial powers and functions.
These include amendments to the Penal Code, Criminal Procedure Code, Evidence Act, Immigration Act and the Judicial Appointments Commission Act.
When asked whether the Attorney-General would remain part of the administration following the separation, Azalina said the matter would be subject to further Cabinet deliberation.
“The question is whether we want the Attorney-General to attend Parliament. If so, then naturally, the Attorney-General must be either a senator or a Member of the House of Representatives,” she explained.
Azalina also noted that the government had conducted comparative studies on best practices from countries such as Canada, Australia and the United Kingdom to ensure that prosecutorial independence would be protected under the proposed framework.
She said a dedicated task force had undertaken doctrinal, comparative and sociological research to form the basis of the reform, aiming for a transparent and comprehensive implementation.
“We are aware, based on feedback from civil society organisations, that issues such as financial independence, remuneration, career progression, and truly independent appointment and dismissal processes are essential,” she added.
The separation of the Attorney-General’s advisory role from the prosecutorial function has long been a key demand from legal reform advocates, who argue that it is necessary to ensure impartiality in criminal proceedings and prevent political interference. - October 6, 2025