KUALA LUMPUR: Any move to separate the roles of Attorney General and Public Prosecutor must be backed by a new Enabling Act that clearly spells out the Public Prosecutor’s powers, duties and code of conduct, say several civil society groups.
In a joint statement, seven organisations said the law should comprehensively define the Public Prosecutor’s role and related services, set out regulations and procedures for the office, lay down core functions and preconditions for the exercise of prosecutorial powers, and mandate the issuance of guidelines, as well as a prosecution code of conduct and ethics.
“The separation of the positions and offices of the Public Prosecutor should require the drafting of an Enabling Act… as well as other related matters,” they said.
The statement was issued by Bersih, the Centre to Combat Corruption and Cronyism (C4 Center), Institute for Democracy and Economic Affairs (IDEAS), IKRAM, Projek SAMA, Rasuah Busters and Angkatan Belia Islam Malaysia (ABIM).
While they welcomed the Federal Government’s decision to refer the Constitution (Amendment) Bill (No. 2) – which deals with the separation of the Attorney General and Public Prosecutor – to a Parliamentary Special Select Committee (PSSC), they said the scope of the committee’s review was too narrow.
They noted that under its current terms of reference, the Special Select Committee will only look into the accountability mechanism for the Public Prosecutor.
“Given that this Special Select Committee has already been established, we opine that it is proper for the committee to look into all aspects of concerns raised by MPs and civil society organisations,” they said.
Other issues that must be addressed, they added, include the process of appointment and removal of the Public Prosecutor, tenure and limits of service, age and retirement, and “the risk of influence of the Attorney General and Public Prosecutor upon the judicial service”, along with any other relevant matters.
“These issues must be refined and agreed upon to ensure this constitutional amendment can proceed smoothly with the support of all stakeholders.
“These aspects are equally as important as the aspect of the Public Prosecutor’s accountability mechanism, so the power of the Public Prosecutor can be controlled and protected,” the groups said.
They also praised the government’s decision to route the Bill through a special select committee and to involve stakeholders more widely before it is put to a vote, saying such practice should be continued for other Bills.
The groups called on the Special Select Committee not only to examine the constitutional changes but also to deliberate and reach a common understanding on the scope and content of the proposed Enabling Act, and to submit its recommendations to the Dewan Rakyat.
To bolster the legitimacy of the reforms, they urged that any revised draft Bill be made available for discussion with civil society “within a reasonable time frame”, so that it can be examined thoroughly and improved based on consensus.
“This constitutional amendment shall become the basis of prosecutorial power and shall influence institutions and the implementation of justice in the nation.
“Thus, we hope that all efforts poured into drafting this amendment can be realised in the best possible form, as a legacy of leadership which can be a shining example for the future,” they said.
