KLANG: The Malaysian Bar has called on lawmakers to ensure that the proposed separation between the offices of the Attorney General (AG) and the Public Prosecutor (PP) includes strong safeguards.
Its president Anand Raj said, in a statement Saturday (June 6), that separating both the roles was an important and overdue reform to protect prosecutorial independence, uphold the rule of law and restore public trust.
However, he warned that the current Constitution (Amendment) (No. 2) Bill 2026 may not be able to fully strengthen prosecutorial independence.
The Bill was first tabled on Feb 23, debated on March 3, and then sent to a Parliamentary Special Select Committee for further review, he added.
According to Anand, the government plans to retable a revised Bill in June.
The Bar said MPs need enough time to study and debate the changes because these will affect Malaysia’s legal system for years.
"As constitutional amendments of this significance will shape Malaysia's legal and institutional landscape for decades to come, affecting the nation and the public at large.
"MPs must be given adequate time to comprehensively review, analyse and debate the Bill before being called upon to vote," stressed Anand.
According to him, one of the Bar's key concerns was how the PP would be appointed.
Anand said the PP’s appointment should follow the same constitutional advice process as other top justice officials under Article 40(1A).
"The Bar therefore urges Parliament to make this position clear in the Bill," he added.
The Bar also said a separate law, such as an Office of the Public Prosecutor Act, was needed to set the PP’s powers, duties, qualifications, codes of conduct, reporting rules and limits on prosecutorial discretion.
Anand warned that rushing the reform without proper safeguards could create a situation which is worse than the current state of things.
He added that the Malaysian Bar has submitted detailed feedback and will closely review the final Bill.
The Bar president urged Parliament to prioritise transparency, accountability and real protections to strengthen public confidence in the justice system.
