KUALA LUMPUR: A constitutional amendment to separate the powers between the Attorney General and Public Prosecutor will be tabled next year to ensure legal validity of this institutional reform.
Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said said this follows a Cabinet decision in principle on September 10 to adopt a full separation model with both roles held by separate, equal-ranking individuals.
She explained that amending the Constitution will provide the legal authority to lawfully implement the separation of roles and powers between the Attorney General and Public Prosecutor.
Azalina responded to Datuk Seri Takiyuddin Hassan who had asked for an update on the separation of powers proposal in the Dewan Rakyat.
Once the amendment passes, the government will table a Remuneration Bill to establish the Public Prosecutor’s salary and allowance structure.
An omnibus Bill will also be tabled to amend various laws related to prosecutorial functions.
Concurrently, more than 20 statutes will need amendment to ensure full implementation of this separation of powers.
These include the Penal Code, Criminal Procedure Code, Evidence Act, Immigration Act and Judicial Appointments Commission Act.
Responding to a supplementary question on whether the Attorney General would become part of the administration after separation, Azalina said this is subject to Cabinet policy decision.
She clarified that the question was whether the government wants the Attorney General in Parliament, requiring them to be a sitting member of parliament or senator.
Azalina emphasised that the government has conducted comparative studies of systems in Canada, Australia and the United Kingdom.
These studies examine best practices and safeguard prosecutorial independence after the separation.
A special task force has carried out comparative, doctrinal and socio-legal research to form the foundation for implementing this major reform.
She noted that many NGOs have highlighted that crucial roles would involve financial matters, payments, promotions, and ensuring appointments and dismissals are carried out with genuine independence. – Bernama