KUALA LUMPUR: Parliament will have a formal role in scrutinising the appointment of the public prosecutor (PP) under proposed constitutional amendments, while the prime minister and Cabinet would be expressly barred from participating in the selection process, says Datuk Seri Azalina Othman Said (pic).
The Minister in the Prime Minister’s Department (Law and Institutional Reform) said the amendments represent a significant shift from the current system, under which the executive plays the central role in appointments, by allowing lawmakers to evaluate proposed candidates before their appointment.
"If this is passed, we will be able to create a situation in our Constitution that allows certain appointments to be validated or evaluated by Parliament.
"That is the most important thing in this amendment," she told reporters in Parliament on Monday (June 22).
"Before this, when you talked about the separation of powers, the executive appointed.
"Parliament could only question the process. We could not participate in the names," she added.
She said the constitutional amendment would allow Parliament to establish its own procedures for scrutinising appointments, including through a Parliamentary Special Select Committee (PSSC).
"The existence of a special select committee and Parliament’s ability to evaluate the names is a good step for us.
"Whether parliamentarians choose to debate the matter in the Dewan or within the select committee, it is still a step towards greater transparency and accountability," she said.
Under the proposed reforms, the PP would be appointed by the Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission (SPKP), without any involvement from the prime minister or Cabinet.
Azalina said the amendment would expressly exclude the appointment from the scope of Article 40 of the Federal Constitution, which generally empowers the prime minister and Cabinet to advise the King unless otherwise specified.
"By virtue of the constitutional amendment, we state clearly that, notwithstanding Article 40, the prime minister and Cabinet shall not advise the Yang di-Pertuan Agong on this matter.
"By putting this into the amendment, we are clarifying that it does not fall under Article 40.
"That is the commitment – that the government is not involved in the appointment process. The government here refers to the prime minister and Cabinet ministers," she said.
She said the proposed changes also require the names of recommended candidates to be communicated to Parliament, enabling lawmakers to provide their views to the SPKP before an appointment is made.
Other recommendations put forward by the bipartisan PSSC include a fixed seven-year term for the PP without renewal or reappointment, the submission of an annual report to Parliament, and the introduction of a dedicated code of ethics, breaches of which could form grounds for removal from office.
The committee also proposed empowering Parliament to enact further legislation governing the appointment, removal and reporting obligations of the PP to strengthen the reform over time.
Azalina said the recommendations were the result of seven committee meetings and consultations with legal experts, academics, professional bodies and civil society groups.
She described the package of reforms as an effort to establish an independent, professional and accountable prosecution service that enjoys public confidence and operates in line with the rule of law and international best practices.
