No Prime Minister Role in Public Prosecutor Appointment Under Proposed Reforms: Azalina

Kuala lumpur: The appointment of the Public Prosecutor by the Yang di-Pertuan Agong, based 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. This 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.

According to BERNAMA News Agency, Azalina mentioned that another recommendation includes 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. Additional 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 suggested implementing a specific Code of Ethics for the Public Prosecutor. Breaches of this code would constitute grounds for removal from office. Provisions enabling Parliament to enact further legislation on the appointment, removal, and reporting responsibilities of the Public Prosecutor were also proposed.

The Constitution (Amendment) (No. 2) Bill 2026, aiming to reform and separate the roles of the Attorney General and Public Prosecutor, was tabled for first reading on February 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.

Azalina emphasized the importance of parliamentary participation, noting that the committee includes MPs from both government and opposition blocs, demonstrating a bipartisan approach in examining this key institutional reform. Throughout its deliberations, the 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.

Azalina 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 realized. She stressed the need for public encouragement of members of parliament to support this amendment, as missing this opportunity in the current sitting could hinder the pursuit of this reform.