Dewan Rakyat Approves Key Amendments to Witness Protection Bill 2026

Kuala lumpur: The Dewan Rakyat today passed the Witness Protection (Amendment) Bill 2026, aimed at expanding access to the Witness Protection Programme.

According to BERNAMA News Agency, the Bill was passed by a majority voice vote after being debated by 13 MPs from both the government and opposition blocs. It featured key amendments, including a revision to Subsection 7(3) of the Witness Protection Act 2009 (Act 696), allowing applications for admission into the programme to be made by a parent on behalf of a witness who lacks legal capacity.

The Bill also amends Section 13(2) of Act 696 by including psychological assistance, including counselling, as part of the support that may be provided to programme participants. Minister in the Prime Minister's Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, stated when tabling the Bill for its second reading that experience in implementing the programme had shown several aspects needed to be strengthened to ensure it remains relevant in addressing current challenges.

During the winding up of the debate, Deputy Minister in the Prime Minister's Department (Law and Institutional Reform), M Kulasegaran, highlighted that the programme has proven effective in enhancing the criminal justice system, including supporting prosecutions in various high-profile cases. He noted that witnesses would be able to testify without fear of threats or intimidation when their identity and safety are protected, aiding prosecutors in presenting more complete evidence to the courts.

"This helps ensure smooth legal proceedings, reduces the risk of witnesses withdrawing or refusing to testify, and contributes to the overall effectiveness of the prosecution process," he said.

Earlier during the debate, most MPs voiced support for strengthening protections for witnesses and whistleblowers, while also proposing measures to improve participant welfare and the programme's transparency. Onn Abu Bakar (PH-Batu Pahat) urged that mental well-being be adopted as one of the programme's key performance indicators, emphasizing the trauma and distress witnesses in serious criminal cases often face.

He also proposed providing one-off financial assistance and resettlement support for participants after they leave the programme and recommended using technologies like secure digital identities and encrypted communications to address cyber threats.

Lim Lip Eng (PH-Kepong) suggested establishing an independent panel to review decisions relating to the termination of witness protection, while also allowing limited access to the High Court through closed-door proceedings to safeguard participants' confidentiality and security.

Dr Abd Ghani Ahmad (PN-Jerlun) underscored the importance of guaranteeing witness safety and incorporating checks and balances to encourage public participation as witnesses in court, pointing out that comprehensive security guarantees are vital to combating organised crime and corruption.

Meanwhile, V Ganabatirau (PH-Klang) described the amendments as progressive, especially in protecting vulnerable groups such as children and persons lacking legal capacity. However, he recommended the government provide an alternative representative mechanism, such as appointing officers from the Social Welfare Department, in cases where a conflict of interest involves parents or guardians.

Kalam Salan (PN-Sabak Bernam) also supported the amendments but urged the government to clearly define the term "lacks legal capacity" to prevent any potential abuse.