Kuala lumpur: The Constitution (Amendment) (No. 2) Bill 2026, proposed to redefine the appointment process for the Public Prosecutor, specifies that the Prime Minister will have no role in this process. The bill aims to separate the duties of the Attorney General and the Public Prosecutor, ensuring the latter's independence from political influence.
According to BERNAMA News Agency, Attorney General Tan Sri Mohd Dusuki Mokhtar explained that the appointment of the Public Prosecutor will be the responsibility of the Yang di-Pertuan Agong, with the Conference of Rulers' consent, for a term of seven years. The Judicial and Legal Service Commission (SPKP) will nominate candidates for the position. The bill's objective is to eliminate political interference in the appointment process, thereby facilitating a fair execution of the Public Prosecutor's duties.
During a ministerial briefing at Parliament, Mohd Dusuki emphasized that the Public Prosecutor should not be a Member of Parliament or a State Assembly member and must possess at least 10 years of litigation experience. The briefing was attended by notable figures including Deputy Prime Minister Datuk Seri Fadillah Yusof and Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, alongside members from both Houses of Parliament.
Azalina highlighted that while the bill stipulates a seven-year term for the Public Prosecutor, the office-holder can seek reappointment or an extension through the SPKP, contingent on performance review. The bill ensures that the Public Prosecutor's role remains independent and not accountable to Parliament, reinforcing its non-political nature.