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THE Government has entered the second phase of its initiative to fully separate the roles of the Attorney General and the Public Prosecutor, following Cabinet approval of the complete separation model.
The move is a key component of the government’s broader legal reform agenda.
Datuk Seri Azalina Othman Said, Minister in the Prime Minister’s Department for Law and Institutional Reform, explained that this stage focuses on finalising institutional structures, examining the need for amendments to the Federal Constitution, revising related laws, and drafting new legislation to ensure the reforms are implemented comprehensively and effectively.
“The full separation model of the Attorney General and Public Prosecutor roles has been detailed in the Final Comparative Study Report submitted to the Special Technical Task Force, led by my deputy, M. Kulasegaran,” Azalina said in a Facebook post on Tuesday.
She noted that the report was the culmination of an extensive study that incorporated international best practices and the perspectives of over 7,000 respondents through focus group discussions, surveys, and interviews.
Among those involved in the discussions were William Leong Jee Keen, Chairman of the Special Select Committee on Human Rights, Elections and Institutional Reform of the House of Representatives; Rita Patrick Insol, Chairman of the Special Select Committee on Legal Review of the Senate; Members of Parliament Datuk Che Mohamad Zulkifly Jusoh and Khoo Poay Tiong; as well as senior officials from the Prime Minister’s Department, the Attorney General’s Chambers, and the Malaysian Bar Council.
In September, the government had in principle agreed to fully separate the functions of the Attorney General and the Public Prosecutor. Constitutional amendments, specifically to Articles 145, 183, and 42, will be drafted to establish an independent Public Prosecutor with autonomous powers.
An omnibus Public Prosecutor Reform Bill will also be prepared to amend the Criminal Procedure Code and 18 other relevant laws.
In addition, a new statute will be introduced to govern the remuneration of both the Attorney General and the Public Prosecutor, similar in purpose to the Judges’ Remuneration Act 1971 [Act 45].
Azalina emphasised that the reforms are designed to strengthen institutional independence, enhance transparency, and ensure that prosecutorial functions are carried out free from external influence, marking a significant step forward in Malaysia’s ongoing judicial and legal system reforms. - December 10, 2025
