PUTRAJAYA: The government has agreed in principle to fully separate the roles of the Attorney General and the Public Prosecutor, says the Prime Minister's Department Legal Affairs Division (BHEUU) on Tuesday (Sept 10).
In a statement, it said that Law and Institutional Reform Minister Datuk Seri Azalina Othman Said presented several separation models to the Cabinet.
"After due consideration, the Cabinet has decided to implement the proposal for a full separation, where both positions will be established independently and equally under the Federal Constitution,” said the Division.
It added that the decision was made after reviewing the final report prepared by the Special Task Force on Comparative Study, chaired by Azalina.
“For this purpose, amendments to the Federal Constitution—specifically Article 145, Article 183, and Article 42—will be drafted separately to establish the Public Prosecutor as an independent authority,” said the Division.
It added that an omnibus Reform of Laws (Public Prosecutor) Bill will be drafted to amend the Criminal Procedure Code and 18 other related Acts.
“At the same time, a new Act concerning the remuneration of the Attorney General and the Public Prosecutor will be introduced, similar to the Judges’ Remuneration Act 1971 (Act 45),” said the Division.
“Cabinet has also agreed that implementation will be carried out in phases, with several adjustments to existing structures and procedures,” it added.
The Division then said that a Technical Task Force led by the Legal Affairs Division of the Prime Minister’s Department will continue to detail all aspects of implementation.
This will include the organisational structure, staffing, logistics, and financial implications
It added that this task force will work in collaboration with the Attorney General’s Chambers and with involvement from the Finance Ministry, Public Service Department, Judicial and Legal Services Commission, and Public Services Commission.
“The department added that the complete recommendations from this process will be submitted to the Cabinet for consideration,” it said.
The Division added that this would enable the necessary constitutional amendments to be made and the separation of roles to be implemented appropriately, in line with the Constitution and existing laws.
“This step represents a holistic and significant legal institutional reform under the Madani Government framework, aimed at strengthening governance, upholding the rule of law, and enhancing public confidence in the national justice system," BHEUU stated.
Previously, Azalina stated the Madani government intended for the separation of powers to define the Public Prosecutor’s role as prosecutor and the Attorney General’s role as government advisor.
On August 18, Azalina told the Dewan Rakyat the initiative to separate the roles of the Attorney General and Public Prosecutor was in its final phase.
"The findings, along with a proposed separation model, will be brought to the Cabinet for consideration in the near future," said Azalina during her winding-up speech on the 13th Malaysian Plan (13MP).
