Constitution to be amended next year for separation of AG and Public Prosecutor's powers, says Azalina


KUALA LUMPUR: The Federal Constitution will be amended next year to separate the roles of the Attorney General (AG) and the Public Prosecutor (PP), says Datuk Seri Azalina Othman Said.

The Minister in the Prime Minister's Department (Law and Institutional Reform) said the amendments would pave the way for structural legal reforms that will allow the separation of powers to be fully implemented.

"The Cabinet took a big step forward on Sept 10 in agreeing to a model for the full separation of the functions of the AG and PP, which will be held by two separate individuals but on equal standing," she told Datuk Seri Takiyuddin Hassan (PN-Kota Baru) in the Dewan Rakyat on Monday (Oct 6).

"As a follow-up to this decision, the subsequent steps to successfully carry out this reform will be the amendments to the Constitution, which must be carried out as an enabling provision to separate the powers in accordance with the law.

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"The goal is to table the constitutional amendments next year," she said, adding that the amendments will provide a framework for the functions of the AG as legal adviser to the government, while the function of prosecution is carried out by the PP.

Once the constitutional amendments become enforceable, Azalina said, amendments related to the remuneration and salary scale for the PP must be made, including tabling an omnibus law to amend various laws related to prosecution.

"This means that the government has not only provided a policy plan but also a concrete time frame to carry out such significant reforms," she added.

A brief shouting match erupted after Azalina made a jibe at Takiyuddin for not carrying out the reforms when he held the post of law minister five years ago.

Earlier, Takiyuddin raised concerns about the integrity of the judiciary by citing Datuk Seri Najib Razak's house arrest addendum and the appointment of judges by the Judicial Appointments Commission.

He reminded Azalina that she had called for the setting up of a Royal Commission of Inquiry (RCI) on the integrity of the judiciary when she was appointed to the post in 2023.

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Azalina said that it would not be appropriate for her to respond to Takiyuddin's questions as it would be sub judice, because both matters were currently under court proceedings.

"The Madani government is not merely a rhetorical government that only talks.

"We are different from YB (Takiyuddin) when he was law minister in 2020, who spoke about the separation of the powers of the AG and PP, but there was no separation at all," she said, drawing a heated response from Takiyuddin and several opposition lawmakers.

"You are playing politics. Answer the questions," Takiyuddin interjected.

Azalina merely responded by saying: "Kami cakap, kami buat" (we do what we say).

"Hashtag, we walk the talk," she added, over the chatter from the floor.

Speaker Tan Sri Johari Abdul then restored order in the House, telling MPs to take things slowly and "save your energy" for the next 35 days reserved for the current Parliament meeting.

The tense situation was defused when Datuk Rosol Wahid (PN-Hulu Terengganu) asked if Azalina’s outfit met the required dress code.

"I still want to ask about the dress code ethics under Standing Order 41," he said, but was cut off by Johari saying loudly that he permitted Azalina's outfit.

Rosol continued to ask if male MPs were allowed to wear such outfits, to which Johari replied that it was only for women MPs, drawing chuckles from the floor.

Azalina was spotted wearing a vibrant green, patterned blazer.

In August, there was a light moment in the House when Rosol questioned Azalina for wearing a "round-neck outfit".

Azalina noted then that her attire had a proper collar.

 

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