PETALING JAYA: After the roles of the Attorney General (AG) and Public Prosecutor (PP) are separated, the appointments for both positions must be entrusted to an independent commission, says G25 Malaysia.
"Our position was, and remains, that the Federal Constitution should be amended, specifically Article 145 of the Federal Constitution and Section 376 of the Criminal Procedure Code, among other relevant provisions, to clearly delineate the separate roles of the AG as the government's legal adviser and the PP as the independent authority on prosecutions," said the group of prominent retired civil servants in a statement on Friday (Sept 12).
"Furthermore, the appointments of both the AG and the PP must be entrusted to an independent commission and formalised through the Yang di-Pertuan Agong, rather than being solely within the discretion of the Prime Minister.
"Both offices should also be secured by constitutional guarantees of tenure, and with removal procedures aligned with those of Federal Court judges, so that they can discharge their duties without fear or favour," it said.
G25 added that it was equally important to strengthen the wider system of justice and for judicial and legal officers to be placed under distinct services to ensure impartiality and professionalism.
It also called for more representatives, including voices from the Bar and academia in the Judicial Appointments Commission to reinforce the independence of judicial appointments and promotions.
"Pending the drafting of the relevant bills and the legal amendments required, interim administrative measures should be made to immediately address the concerns that these reforms seek to address. For instance, interim steps could include reinstating the Solicitor General as the de facto Public Prosecutor and establishing a review panel to oversee prosecutorial decisions," it said.
It said reforms including the removal of the prosecutorial function of the AG and creating an independent office of the PP as well as revamping the Judicial Appointments Commission Act (JAC Act) that will strengthen the independence of the judiciary and safeguard it from political interference, were not new proposals.
"They have been discussed for years by civil society, the legal community, and G25, and remain essential to building a modern justice system worthy of public trust.
"The government's current initiative to separate the roles of the AG and PP therefore represents not just an overdue reform, but the fulfilment of a recommendation that has been advocated for by G25 and many others in civil society. It is a positive step forward for the Madani government.
By undertaking these reforms, the government will also prove that Madani is not only a guiding philosophy in social and economic policy but also a serious commitment to the strengthening of our institutions and to good governance," G25 added.
As Asean Chair, it said Malaysia has an even greater responsibility to show leadership in advancing institutional integrity and judicial independence.
