Parliament debates a constitutional amendment to separate the attorney-general’s role, sparking calls for stronger parliamentary oversight and accountability.
PETALING JAYA: Parliament takes up a major constitutional amendment today to create an independent public prosecutor (PP), a reform aimed at separating prosecutorial authority from the attorney-general (AG) and reshaping Malaysia’s justice system.
The amendment seeks to grant the PP full authority to prosecute cases independently, while leaving the AG as the government’s legal adviser.
Affecting multiple articles of the Federal Constitution, it would establish the PP as a fully independent office, with implementation expected in phases and adjustments to current structures.
First read last Monday, the Bill has sparked mixed reactions.
Civil society groups and opposition lawmakers have warned that certain provisions could concentrate power in the hands of a few.
Ten PKR MPs aligned with former deputy president and Pandan MP Datuk Seri Rafizi Ramli have indicated they may withhold support unless Parliament is given formal oversight of the new office.
They argue that the draft leaves excessive influence with the prime minister and the Judicial and Legal Service Commission (JLSC), echoing concerns raised by groups including Bersih 2.0.
The MPs are calling for the Bill to be reviewed first by the Special Select Committee on Human Rights, Elections and Institutional Reform, to ensure cross-party scrutiny.
They also want PP candidates to undergo a public confirmation hearing before the committee, followed by a Dewan Rakyat vote, before being presented for royal assent.
Additionally, they are pushing for Parliament to be able to initiate a motion to remove a sitting PP for misconduct, requiring a two-thirds majority before a tribunal can convene. They are also proposing to reduce the PP’s proposed seven-year term to four years to prevent excessive power accumulation.
The opposition has also urged a delay in the second reading, citing constitutional and institutional concerns.
Perikatan Nasional chief whip Datuk Seri Takiyuddin Hassan warned that transferring absolute prosecutorial powers from the AG to the PP without strong accountability mechanisms could leave the office unanswerable to Parliament or any other body.
The Bill will be debated in the Dewan Rakyat today. Passage requires a two-thirds majority – at least 148 of 222 MPs. Today’s debate could determine whether this landmark reform will be implemented as planned or deferred for further scrutiny. – By Harith Kamal
