BANGI: The roles of the Attorney General (AG) and Public Prosecutor need to be separated to ensure a more independent prosecution institution and better accountability, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
She said the move will enable the AG to be held directly accountable in Parliament, thus improving the transparency of the country’s legal system and strengthening institutional checks and balances.
"In our situation today, who answers for the AG in Parliament? The law minister. I answer for him or her.
"Do you think it is fair for me to answer on matters I do not know, or have no full knowledge of?" she said in her closing remarks at the Madani Accountability Framework Townhall 2026 here on Sunday (May 10).
She said findings from a survey conducted by the National Law Students’ Association (NLSA) showed that university students wanted the separation of the roles to be accompanied by an independent appointment mechanism, security of tenure and comprehensive legal amendments.
The survey involved 2,243 respondents comprising law students from 12 universities in Malaysia.
"This is what we are currently doing through the Parliamentary Special Select Committee (PSSC),” she said.
She said the PSSC is examining matters related to the separation of the roles of the AG and Public Prosecutor and is working to find common ground to provide full independence to the Public Prosecutor to carry out prosecutions without fear or favour.
"We want the public prosecutor to be totally independent. When you are independent, you prosecute without favour or bias. If you are prosecuting someone and have immunity to prosecute, but do not act due to personal reasons, that is really unfair,” she said.
Commenting on the appointment of the AG, she said the process is generally seen as being "tied” to political appointments due to the role’s function of advising the government.
She added that the appointment of the Public Prosecutor should be made separately to ensure the independence of the prosecution institution without influence from any party.
Azalina was previously reported as saying that the PSSC on Constitutional Amendments relating to the separation of the roles of the the AG and Public Prosecutor is aiming to finalise the bill on the matter in the near future before tabling it ahead of its final meeting on May 18.
On March 3, the Dewan Rakyat agreed for the bill to be referred to the Special Select Committee, chaired by Azalina and comprising 11 Members of Parliament from both the government and opposition blocs, to allow all relevant parties to further refine and examine it. — Bernama
