PETALING JAYA: One of Malaysia’s most significant institutional reform Bills returns to the Dewan Rakyat this week, with all eyes fixed on whether the separation of the Attorney General (AG) and Public Prosecutor (PP) roles will finally be approved.
While some are confident the Bill will pass during this meeting, others argue that stronger parliamentary oversight is still needed.
Transparency International Malaysia (TI-M) president Raymon Ram said the reform should not only be judged by separating the AG and PP offices, but also by whether it creates an independent, transparent and trusted institution.
“The legislation should provide clear and objective appointment procedures, narrowly defined grounds for removal accompanied by due process safeguards and a governance framework that preserves the PP’s institutional independence over the long term.”
He said the prospects of the Bill being passed also appear “considerably stronger”.
“Various revisions demonstrate that the government has been willing to engage with both the Parliamentary Special Select Committee (PSSC) and civil society, resulting in meaningful improvements,” he said.
Selayang MP William Leong, who is part of the PSSC reviewing the separation of the AG and PP roles, said the committee has been meeting on the Bill.
“This committee consists of all parties, and the minister also met with the government backbenchers and the Opposition.
“I think we should be able to get the support across the parties,” said Leong when contacted.
Asked whether the Bill will be tabled today, Leong said he could not confirm.
“I don’t know whether it’s scheduled to go ahead, because it’s only in the order paper. But I am definitely sure it should be this session,” said Leong.
Former Malaysian Bar president Salim Bashir said the seven-year tenure for the PP should include a prohibition on reappointments to the same post.
“The PP should also be required to submit reasonings and policies adopted for certain decisions taken in cases of public interest,” he said.
Salim also urged for a non- partisan independent prosecutorial service commission that operates outside the ruling administration’s purview.
Project Stability and Accountability for Malaysia convener Ngeow Chow Ying said the Dewan Rakyat should be empowered by the Federal Constitution to establish a select committee to scrutinise, recommend or disrecommend PP candidates proposed by the Judicial and Legal Service Commission for appointment by the Yang di-Pertuan Agong.
“Constitutional amendments must also explicitly clarify that the PP’s annual report to Parliament is not limited solely to administrative and financial matters,” she said.
She urged the mandatory enactment of an Enabling Act that operationalises the new PP appointment framework, defines the statutory functions of the PP’s office, and codifies strict prosecution codes of conduct governing critical charging and withdrawal decisions.
An Enabling Act is a law passed by Parliament that confers powers on a government agency, public official, or governing body, including the power to create regulations, enforce laws, and carry out specific policies.
It also sets the legal limits, scope and procedures within which a government agency, public official or governing body must operate.
“If the constitutional amendments are passed during this meeting, they must not come into effect until this Enabling Act is tabled and enacted,” she said.
The Bill, which is a constitutional amendment, requires a two-thirds majority in the Dewan Rakyat to pass.
It was deferred to a 12-member bipartisan PSSC following its second reading in March this year.
