Proposed constitutional changes would see the Public Prosecutor appointed by the King on the advice of the Judicial and Legal Service Commission without PM or Cabinet involvement
KUALA LUMPUR: The appointment of the Public Prosecutor by the Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission (SPKP), without the involvement of the Prime Minister or Cabinet, is among the proposed enhancements to the Constitution (Amendment) (No. 2) Bill 2026.
The recommendation was put forward by the Dewan Rakyat Special Select Committee (JKP) on the Bill, which seeks to separate the roles of the Attorney General and Public Prosecutor, said Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.
“Another recommendation was a more transparent appointment process involving Parliament, whereby the name of the proposed candidate would be communicated to Parliament to enable views to be submitted to the SPKP,” she told a media conference at the Parliament building here today.
Other proposals include a fixed seven-year term without renewal or reappointment, and a requirement for the Public Prosecutor to submit an annual report to Parliament to enhance transparency and institutional accountability.
The Special Select Committee also proposed a specific Code of Ethics for the Public Prosecutor, with breaches constituting grounds for removal from office, as well as provisions enabling Parliament to enact further legislation on the appointment, removal and reporting responsibilities of the Public Prosecutor.
The Constitution (Amendment) (No. 2) Bill 2026, which seeks to reform and separate the roles of the Attorney General and Public Prosecutor, was tabled for first reading on Feb 23.
Since its tabling, Azalina, who also chairs the Special Select Committee, said the committee had received constructive views, proposals and feedback from Members of Parliament and various stakeholders on the proposed reform.
“We are preparing a new path for our country. Parliament must participate. That is why we have debated this for months. I hope members of parliament on both sides will accept this as genuine reform for the country,” she said.
Azalina said the committee comprised MPs from both the government and opposition blocs, reflecting a bipartisan approach in examining a key institutional reform.
Throughout its deliberations, the Special Select Committee received briefings from the Attorney General’s Chambers on the constitutional, legal, administrative and implementation aspects of the reform, while also obtaining feedback from professional bodies, academics, legal experts and civil society organisations.
“This approach has enabled the committee to examine the proposal from various perspectives, including constitutional, operational, administrative, human resource and financial implications, as well as the experiences of countries that have adopted similar models,” she said.
She expressed hope that MPs from both sides of the aisle would support the constitutional amendment, which requires a two-thirds majority in the Dewan Rakyat, to ensure the reform can be realised.
“I need a two-thirds majority. Without it, I cannot amend the Constitution. But I believe the public must encourage members of parliament to support this amendment.
“Most importantly, if we miss this opportunity in the current sitting, I fear we will fall behind in pursuing this reform,” she said.
