KUALA LUMPUR: Parliament should have a bigger say in the appointment of the Public Prosecutor under the proposed constitutional amendment separating the Attorney General and Public Prosecutor roles, says Datuk Seri Rafizi Ramli.
The Pandan MP warned that rushing the Bill in its current form could jeopardise the two-thirds majority needed for it to pass.
Rafizi said the Bill should first be referred to the Parliamentary Special Select Committee (PSSC) on Human Rights, Election and Institutional Reform for further scrutiny, rather than being “bulldozed” through the Dewan Rakyat.
“Don’t bulldoze this. It’s too big.
“If the government insists on going ahead with this, we will have to make a decision.
Don’t push us to the wall. We are voicing our concerns. The suggestions we make are not unreasonable,” he told a press conference at the Parliament media centre here on Tuesday (Feb 24).
Also with him were nine PKR backbenchers supporting the proposal.
They were Nik Nazmi Nik Ahmad (Setiawangsa) Wong Chen (Subang), Lee Chean Chung (Petaling Jaya), Hassan Karim (Pasir Gudang), Rodziah Ismail (Ampang), Datuk Muhammad Bakhtiar Wan Chik (Balik Pulau), Zahir Hassan (Wangsa Maju) and Onn Abu Bakar (Batu Pahat).
Among their proposals were for the candidates selected by the Judicial and Legal Service Commission, as stated under the proposed amendments, undergo a screening process by MPs.
“In other countries, the proposed candidate will have to go through either a confirmation hearing or a confirmation proceeding.
“This can be done at the PSSC level and broadcast for the rakyat,” he said, adding that this would result in wary candidates pulling out.
“Also, it ensures the Commission has done its due diligence to ensure the candidate has no skeletons in the closet,” he added.
He said the candidates should then face a vote in Parliament and will require a majority to vote in favour.
“Only then should the name be presented to the Yang di-Pertuan Agong for appointment,” he said.
He also proposed that the amendments include a mechanism allowing the Dewan Rakyat to table a motion to initiate a tribunal process toward a Public Prosecutor, with a two-thirds majority needed to pass it.
According to Rafizi, the proposed amendments in their current form could result in powers concentrated only among a few individuals.
Rafizi said the tenure for the Public Prosecutor should only be four years instead of seven as stated under the proposed amendments.
“The term is too long and could result in the Public Prosecutor becoming too powerful.
"Imagine between 2018 and 2022, we had five prime ministers. If during that same period there was only one public prosecutor, then in reality the public prosecutor would be more powerful than the prime minister elected by the people," he said.
