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Public Prosecutor appointment to be reviewed by Parliament under proposed reforms: Azalina

Azalina said the process marks a shift towards greater parliamentary participation in what was previously an executive-led appointment system.

PETALING JAYA: Candidates for the post of Public Prosecutor will be presented to Parliament for input before any formal appointment is made, as part of proposed reforms aimed at strengthening institutional independence, says Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.

She said the proposal is among the key recommendations agreed by a bipartisan parliamentary select committee reviewing the Constitution (Amendment) (No. 2) Bill 2026, which seeks to separate the roles of the Attorney General and the Public Prosecutor.

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Azalina said the committee held seven meetings and received input from NGOs, academics, legal experts and civil society groups, covering constitutional, operational, administrative and financial considerations as well as international best practices.

Among the key proposals is that the Public Prosecutor will be appointed by the Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission (JLSC), without involvement of the Prime Minister or Cabinet.

“First, the appointment of the Public Prosecutor will be made by the Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission, without involvement of the Prime Minister or the Cabinet.

“Second, a more transparent appointment process involving Parliament, where the name of the proposed candidate will be made known to Parliament for input to be given to the Judicial and Legal Service Commission,” she said at a press conference in Parliament.

She said the reforms also include a fixed seven-year term without renewal, mandatory annual reporting to Parliament, a code of ethics, and provisions for removal in cases of breach.

Azalina said the process marks a shift towards greater parliamentary participation in what was previously an executive-led appointment system.

“The most important point is that Parliament will now be able to participate in evaluating appointments. That is the key reform,” she said.

She added that Parliament will establish its own mechanism, including a special select committee to assess candidates, enhancing transparency and accountability.

However, she said the Bill requires a two-thirds parliamentary majority, and expressed concern over limited time before the next election cycle.

“We have had seven meetings, including with opposition members, to discuss this in detail,” she said.

“I hope that if greater focus is needed, we can revisit and table this after the state election.”

The Constitution (Amendment) (No. 2) Bill 2026, tabled on Feb 23, proposes to separate the Public Prosecutor’s office from the Attorney General’s Chambers and is currently under review by a special parliamentary committee.

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