KUALA LUMPUR: The Bill to separate the powers of the Attorney General (AG) and Public Prosecutor (PP) has finally been tabled, limiting the latter’s tenure to seven years without automatic renewal.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said tabled the constitutional amendment Bill for its first reading yesterday.
The second and third readings are scheduled within the current meeting of the Dewan Rakyat.
A constitutional amendment requires the support of two-thirds or 148 MPs in the 222-seat Dewan Rakyat.
Among the proposed amendments is one to Article 42 of the Federal Constitution, whereby the PP will take over the AG’s role of sitting on the Pardons Board and delivering a written opinion to it.
Under amendments to Article 138, the Judicial and Legal Service Commission will be tasked with the appointment, removal and recommending the suspension of a candidate 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 of Malaya, the Chief Judge of the High Court of Sabah and Sarawak, and the Solicitor General.
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 decide 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 AG to retire at any age on the grounds of national interest.”
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 PP must be a Malaysian with at least 10 years of experience in litigation and the term in office shall be for seven years.
An MP will not be eligible to hold the post.
The AG will carry out the duties of PP until the amendments are enacted as a law and a candidate is appointed.
In a briefing to MPs, Azalina said there is no automatic renewal for the PP, noting that the commission will make a decision after the seven-year tenure ends.
“At times, we may have situations where the commission wants to retain the same person or change it. They have that prerogative.
“But as the government of the day, we did not want the renewal to be automatic but to undergo another evaluation by the commission.
“A seven-year period can also see the rise of other personalities that the government of the day may want for the post,” she said.
At the same briefing, Attorney General Tan Sri Mohd Dusuki Mokhtar said the new Article 145a reflects how the prime minister will no longer have jurisdiction over the appointment of the PP.
“In the literal sense, being a public prosecutor still requires someone with a background on the constitution. All candidates too will be screened by the commission.
“This provides a check and balance so that not just anyone is appointed,” he said.
