AG reform Bill under the microscope


KUALA LUMPUR: A day after the Constitutional (Amendment) Bill 2026 to cap the prime minister’s tenure at two terms was voted down in the Dewan Rakyat, the government sent another key reform Bill to a Special Select Committee for further scrutiny and revisions.

The Constitution (Amendment) (No 2) Bill 2026, which seeks to separate the roles of the Attorney General and the Public Prosecutor, will undergo detailed examination by the committee before being brought back to the Lower House.

Minister in the Prime Minister’s Department (Law and Institutio­nal Reform), Datuk Seri Azalina Othman Said (pic), said the committee would examine the Bill, including the accountability mechanism for the Public Pro­se­cu­tor, and propose any amendments it deems necessary.

“In addition, the Special Select Committee will prepare a statement containing proposed amend­­ments to the Bill within three months. 

“The Special Select Committee may, if necessary, extend the ­period,” Azalina said when tabling the motion in the Dewan Rakyat yesterday.

The motion to refer the proposed amendment to the Special Select Committee was later approved by a voice vote among MPs. 

Earlier, Azalina tabled the Bill for a second reading, but it was not continued to the debate session.

The Bill was tabled for first reading on Feb 23. 

Azalina, when tabling the Bill, said the use of the term ‘litigation’ in the proposed amendment was a deliberate policy choice to ensure that the qualifications of Public Prosecutors are not limited to experience in criminal litigation alone.

“The current national prosecution function covers a broad field, including commercial and financial crimes, money launde­ring, cyber offences, national security, regulatory law, and appeals at the Court of Appeal and Federal Court levels, which often involve issues of interpretation of the Consti­tution and administrative law. 

“Hence, extensive litigation experience, including in commercial, financial, constitutional and appeals fields, is as important as expertise in criminal procedure,” she said.

Referring to the minimum requirement of 10 years of litigation experience for a Public Prosecutor, Azalina said it is to ensure that the candidate selected has a wide range of experience and professional maturity to lead the national prosecution institution in an increasingly complex legal landscape.

“It is in line with the standards of the United Kingdom and Canada and higher than the minimum threshold in Australia. 

“On the prohibition against Members of Parliament holding the position of Public Prosecutor, this is clearly stated in Article 145(a)(3) (Federal Constitution), which is proposed to ensure separation between the legislative and prosecution institutions,” she added.

Azalina said that the Special Select Committee will be chaired by her and will include MPs from both the government and opposition sides. 

She added that the Special Select Committee may invite any party, such as MPs, legal and constitutional experts, or non-­governmental organisations (NGOs), as well as the community and other individuals, to attend committee meetings from time to time. 

The government MPs are Selayang MP William Leong; Syahredzan Johan (PH-Bangi); Adly Zahari (PH-Alor Gajah); Datuk Seri Dr Noraini Ahmad (BN-Parit Sulong); Roy Angau anak Gingkoi (GPS-Lubok Antu); Datuk Lo Su Fui (GRS-Tawau); and Ramkarpal Singh (PH-Bukit Gelugor).

Names among opposition MPs include Opposition leader Datuk Seri Hamzah Zainudin, who is also Larut MP; Datuk Seri Takiyuddin Hassan (PN-Kota Baru); and Datuk Seri Dr Ronald Kiandee (PN-Beluran) as well as Muar MP Syed Saddiq Syed Abdul Rahman. 

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