KUALA LUMPUR: The government is targeting the separation of powers between the Attorney General and Public Prosecutor by next year, says M. Kulasegaran.
The Deputy Minister in the Prime Minister’s Department said that the delays are due to extensive consultation with stakeholders.
These include the Attorney General’s Chambers, the legal fraternity and relevant government departments.
“If there was no commitment, we would not be able to push forward such a major reform,” he said.
“The government has made its pledge and the timeline is to complete it as soon as possible next year,” added Kulasegaran in the Dewan Rakyat on Wednesday (Oct 29).
Kulasegaran said the process takes time as it is Malaysia’s first attempt at such a major institutional reform.
“The delay is due to the need to engage all relevant stakeholders. This includes government agencies, the Attorney General, legal experts and other interested parties.
Our commitment to this reform is 100%,” he said.
He was responding to a question from Lim Lip Eng (PH-Kepong).
Lim asked which comparative model the government referred to for separating the Attorney General and Public Prosecutor roles.
He also asked whether the relevant Select Committee would review the Attorney General’s appointment.
Kulasegaran said a special task force had completed study visits to Canada, Australia and the United Kingdom.
These examined models for separating the Attorney General and public prosecution roles.
“The visits provided comprehensive insights and recommendations from engagements with the respective Attorney General’s Offices,” he said.
“They also involved Directors of Public Prosecutions and Justice Ministries. These findings helped identify the most suitable model for Malaysia,” he said.
Kulasegaran added that the Cabinet agreed in principle on Sept 10 to a full separation model.
Under this model, the Attorney General and Public Prosecutor will be distinct individuals with equal standing.
Under Article 145(1) of the Federal Constitution, the Attorney General is appointed by the Yang di Pertuan Agong on the Prime Minister’s advice.
The appointment mechanism for the Public Prosecutor remains under review by a technical committee.
A final decision will be made after this review.
He said that the unity government remains open to suggestions from MPs and stakeholders.
This is to ensure the reform is carried out fairly and effectively.
“There is no final decision yet, but discussions are ongoing with all stakeholders,” he said.
“We need time and space before a conclusive decision is made. Once implemented, both the Attorney General and Public Prosecutor will have distinct roles and operate independently,” added Kulasegaran
