Can the Prime Minister advise the King on PP appointments under the new law?

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Prime Minister and Cabinet Will Not Advise the Yang di-Pertuan Agong on Public Prosecutor Appointments Under Proposed Law

Under the proposed amendments to Malaysian law, the Prime Minister and the Cabinet will be explicitly excluded from advising the Yang di-Pertuan Agong (YDPA) on matters concerning the Public Prosecutor (PP). This significant reform aims to delineate the executive's role in the appointment, removal, and suspension processes for the PP, ensuring a degree of independence for the office. The revised Bill, put forth by a parliamentary special select committee (PSSC), seeks to formalise this separation of powers.
Exclusion from Advisory Role

The PSSC's proposed version of the Bill includes a new clause stipulating that the Prime Minister and the Cabinet "shall not advise" the YDPA on matters pertaining to the Public Prosecutor. This amendment directly addresses the current constitutional framework, where Article 40 generally dictates that the Agong acts on the advice of the Prime Minister or Cabinet. The PSSC's explanatory note clarifies that this exclusion means the executive will not be involved in the procedural aspects of appointing, removing, or suspending the PP.
Enhanced Role for Judicial and Legal Service Commission

While the YDPA retains the ultimate authority to appoint a qualified individual as the Public Prosecutor, the process will now be based on the "advice" of the Judicial and Legal Service Commission (JLSC). The appointed PP must be selected from the names provided through the JLSC's recommendations to the YDPA. This shift places greater emphasis on the JLSC's role in vetting and proposing candidates for the crucial prosecutorial position.
Parliamentary Oversight and Accountability Mechanisms

The proposed legislation also introduces a more defined role for Parliament in the PP's appointment process. The JLSC will be required to submit its list of nominated candidates to Parliament, which may then offer comments. Furthermore, the PSSC's revised Bill includes provisions for the YDPA, on the JLSC's advice, to prescribe a written code of ethics for the PP. A breach of this code of ethics is also proposed as a ground for the PP's removal, in addition to existing reasons such as health, misconduct, or misbehaviour. The Bill also mandates that the PP submit an annual report on the office's administration, management, and financial position to the YDPA, which will then be laid before Parliament, enhancing transparency and accountability.

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Can the Prime Minister advise the King on PP appointments under the new law?

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