Can the Prime Minister advise the Agong on PP appointments?

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Prime Minister and Cabinet Excluded from Advising Agong on Public Prosecutor Appointments

The Prime Minister and the Cabinet will be explicitly barred from advising the Yang di-Pertuan Agong (YDPA) on matters concerning the Public Prosecutor (PP), including the processes of appointment, removal, and suspension. This significant amendment is part of the proposed new law to bifurcate the roles of the Attorney General (AG) and the Public Prosecutor, which is slated to return to Parliament. The revised Bill, put forth by a 12-member parliamentary special select committee (PSSC), aims to delineate the functions, ensuring the AG serves solely as the government's chief legal advisor while the PP handles prosecutorial decisions and pardon requests.
Exclusion from PP Appointment Process

Under the PSSC's proposed amendments, the YDPA will appoint a qualified individual as the Public Prosecutor based on the advice of the Judicial and Legal Service Commission (JLSC). Crucially, a new clause is to be inserted stipulating that the Prime Minister and the Cabinet "shall not advise" the Agong on any PP-related matters. This provision directly addresses concerns about potential executive influence over the prosecution service, as clarified by the PSSC's explanatory note, which explicitly states the PM and Cabinet cannot be involved in advising the Agong regarding the PP's appointment, removal, and suspension.
Parliamentary Oversight in Appointments

The PSSC's improved version of the Bill introduces a role for Parliament in the appointment process. The JLSC will be required to submit its list of nominated candidates for the PP position to Parliament. While Parliament "may give comments" to the JLSC, discussions are ongoing regarding the extent of this oversight. Civil society groups have advocated for clearer parliamentary powers, including the ability for a parliamentary select committee to recommend or decline candidates before the JLSC presents names to the Agong. Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said has indicated that Parliament will have autonomy in defining its oversight procedures.
Formalisation of PP's Tenure and Ethics

A maximum seven-year tenure is proposed for the Public Prosecutor role, a detail included in the PSSC's revised Bill. Furthermore, the PSSC's proposal allows for the YDPA, on the JLSC's advice, to prescribe a written code of ethics for the PP. This code of ethics is also intended to serve as a basis for removal, adding a fourth ground for dismissal alongside existing reasons such as health, misconduct, or misbehaviour. The proposed legislation also stipulates that an individual cannot serve as PP again after their seven-year term concludes, a departure from earlier considerations of potential renewal or extension of tenure.

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Can the Prime Minister advise the Agong on PP appointments?

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