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Constitutional amendment bill on AG and prosecutor roles postponed

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Malaysia postpones the second reading of a bill to separate the attorney-general and public prosecutor roles to consult the Conference of Rulers.

KUALA LUMPUR: The second reading of the Constitution (Amendment) (No. 2) Bill 2026 on the separation of the roles of the Attorney-General and Public Prosecutor has been postponed to the next Dewan Rakyat sitting to allow the government to first present the proposed amendments to the Conference of Rulers.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said (pic) sought the postponement under Standing Order 62 of the Standing Orders of the Dewan Rakyat after tabling the Special Select Committee report (DR11/2026) today.

She said the move to present the matter to the Conference of Rulers was a gesture of the utmost respect for the institution of the Constitutional Monarchy, while ensuring that the constitutional reform process was carried out in an orderly and responsible manner in accordance with the country’s constitutional practices.

Earlier, when tabling the report, Azalina, who is also chairperson of the Special Select Committee, said the government had agreed to introduce a further amendment to Clause 18 of Article 145A to further strengthen Parliament’s role in the appointment process of the Public Prosecutor.

She said under the additional amendment agreed to by the Cabinet, the name of the proposed Public Prosecutor candidate must first be submitted to the Dewan Rakyat Speaker to be presented and scrutinised by a Dewan Rakyat Select Committee, before the house makes a recommendation to the Judicial and Legal Service Commission (SPKP).

“The amendment reflects the openness of the MADANI Government in accepting any proposals in the spirit of continuous institutional reform.

“I also take note of the statements by civil society organisations that this amendment is not a victory for any political party, but rather a victory for the rule of law. I would like to state that the government shares this view,” she said.

The report by the bipartisan Special Select Committee, comprising 12 MPs, outlined seven key recommendations, including that the Public Prosecutor be appointed by the King, on the advice of the SPKP, without being subject to the advice of the Prime Minister or Cabinet.

Other recommendations include limiting the Public Prosecutor’s tenure to seven years, with no reappointment allowed, requiring the tabling of an annual report in Parliament, and introducing a specific code of ethics, violations of which may form the basis for removal from office.

According to Azalina, the Special Select Committee had convened seven times since its establishment in March and had considered various inputs, views from legal experts, public engagement sessions and feedback from civil society organisations.

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