Proposed amendments on vetting of public prosecutors must be more meaningful, say seven PKR MPs


KUALA LUMPUR: Seven PKR MPs have called for Parliament to be given a decisive role in vetting and approving future Public Prosecutor appointments, saying the government’s proposed constitutional amendments do not go far enough in ensuring accountability and independence.

In a joint statement on Tuesday (June 23), the MPs said Parliament should be empowered to scrutinise nominees through a bipartisan vetting process, including public confirmation hearings and a parliamentary vote before appointments are finalised.

The statement was signed by Wong Chen (Subang), S Kesavan (Sungai Siput), Rodziah Ismail (Ampang), Lee Chean Chung (Petaling Jaya), Zahir Hassan (Wangsa Maju), Hassan Karim (Pasir Gudang) and Datuk Muhammad Bakhtiar Wan Chik (Balik Pulau).

While welcoming the Madani government’s efforts to improve the proposed constitutional amendments separating the offices of the Attorney General and the Public Prosecutor, the MPs said a key issue remained unresolved.

“We remain deeply concerned that the recent amendments continue to fail to address a fundamental issue - the need for Parliament to play a meaningful vetting role in the appointment process of the Public Prosecutor,” they said.

The lawmakers proposed that every nominee recommended by the Judicial and Legal Service Commission (SPKP) undergo a confirmation hearing before a bipartisan Parliamentary Special Select Committee, with proceedings broadcast to the public.

Nominees who pass the hearing should then be subjected to a vote in the Dewan Rakyat and secure a simple majority before their names are returned to the commission for further action, they said.

The MPs also called for nominees to submit a full, independently audited asset declaration during the nomination process.

“The nation cannot afford a situation where a powerful and senior public office holder later faces questions and investigations over issues of integrity and personal financial interests,” they said.

The group specifically objected to Clause 18 of the proposed amendment, which would require the SPKP to inform Parliament of proposed nominees and allow MPs to submit comments.

“This proposed process of informing and then enabling comments does not constitute meaningful parliamentary vetting oversight,” they said.

The MPs said that the government currently commands 151 MPs in the Dewan Rakyat, exceeding the 148 votes required for a two-thirds majority to pass the constitutional amendment.

They nevertheless urged Putrajaya to engage lawmakers and incorporate a more comprehensive vetting mechanism into the proposed reforms.

The lawmakers said such safeguards were necessary given the extensive powers that would be vested in the Public Prosecutor, including discretionary powers relating to Discharge Not Amounting to an Acquittal (DNAA).

“Our primary concern is to ensure that the office of the Public Prosecutor maintains the highest standards of integrity, independence, accountability and public confidence,” they said.

 

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