KUALA LUMPUR: The Bill to separate the powers of the Attorney General (AG) and Public Prosecutor (PP), which has been in the works for several years, has been tabled in the Dewan Rakyat.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled the constitutional amendment for its first reading on Monday (Feb 23).
A constitutional amendment requires the support of two-thirds or 148 MPs in the 222-seat Dewan Rakyat.
The second and third readings have been scheduled for March.
Among the proposed amendments is one to Article 42, which relates to the Pardons Board.
Under the existing law, the AG not only sits on the pardons board but also delivers written opinion to it.
However, the PP will take over this role once the separation of powers is implemented.
Under amendments to Article 138 of the Federal Constitution, the Judicial and Legal Service Commission will be tasked with the appointment, removal and recommending the suspension of a candidare for PP.
Under sub-clause 4(b), the composition of the commission will also be restructured to include the PP.
Three new ex officio members will also be added to the commission, namely the Chief Judge of the High Court in Malaya, the Chief Judge of the High Court in Sabah and Sarawak, and the Solicitor General.
The two Chief Judges are included as permanent members of the commission in their capacity as judges responsible for supervising the lower courts.
The Solicitor General will also take over the AG’s role as the head of officers of the judicial and legal service.
The proposed amendment to Article 145 removes the prosecutorial powers of the AG and also the power to make the decision on which court should hear a case.
The proposed clause(1a) which is to be inserted under Article 145 reads: "The Yang di-Pertuan Agong may require a member of the judicial and legal service of the Federation selected for appointment as the Attorney General to retire at any age on the grounds of national interest."
A public prosecutor will serve for a period of seven years.
Clause (6) of Article 145 will be replaced with a new Article 145a which seeks to provide for the appointment, qualification, terms of office, remuneration and removal of the PP, and Article 145b on the position's powers and duties.
The AG will carry out the duties of PP until the amendments are enacted as a law and a candidate is appointed.
