PETALING JAYA: The government has approved the full separation of the roles of attorney general (AG) and public prosecutor – a landmark institutional reform aimed at strengthening governance and public confidence in Malaysia’s justice system.
The decision follows a review of the Final Report and Roadmap prepared by a Special Task Force on Comparative Study, chaired by Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
Under the plan, both offices will be created independently and placed on equal footing in the Federal Constitution.
Amendments to Articles 145, 183 and 42 of the Constitution will establish the public prosecutor as an autonomous authority. A Prosecutor Reform Bill will also be drafted to amend the Criminal Procedure Code and 18 other laws, alongside a new Act to govern remuneration for both the attorney general and public prosecutor, similar to the Judges’ Remuneration Act 1971.
Implementation will be phased, with changes to current structures and procedures. A special technical task force, led by the Legal Affairs Division of the Prime Minister’s Department with input from the Attorney-General’s Chambers, Finance Ministry, Public Service Department and other commissions, will detail the organisational, staffing, logistical and financial requirements. Its recommendations will go to the Cabinet before rollout.
The government described the move as a “historic step” in reforming Malaysia’s legal institutions, strengthening the rule of law and boosting public trust.
Communications Minister and government spokesman Datuk Fahmi Fadzil said the Cabinet reached its decision after Azalina presented several models of separation.
“After thorough consideration, the Cabinet agreed to a full separation, whereby both positions will exist independently and equally under the Constitution,” he said at a press conference after the weekly Cabinet meeting yesterday.
Fahmi also announced that the Anti-Bullying Tribunal roadshow kicks off today in Putrajaya.
“In this programme, Datuk Seri Azalina, as chairperson of the special committee on bullying, will lead the sessions. I will attend as well, alongside Education Minister Fadhlina Sidek.
“Four more sessions will follow in Negeri Sembilan, Selangor, Johor and Malacca. Participants will include NUTP (National Union of the Teaching Profession), teachers, parent-teacher association representatives, the Children’s Commission, government agencies, legal practitioners and school counsellors. The sessions will be open to the public,” he said.