Should an Office of the Public Prosecutor Act (OPPA) be enacted before amending the Federal Constitution?

Question

Accepted Answer

An Office of the Public Prosecutor Act (OPPA) should be enacted to detail the role of the Public Prosecutor.

Malaysia requires an Office of the Public Prosecutor Act (OPPA) to provide comprehensive details and mechanisms for the role of the Public Prosecutor (PP), rather than relying solely on amendments to the Federal Constitution. This enabling legislation is seen as crucial for establishing a robust framework for the PP's office, covering aspects such as appointment, conduct, and removal.
An Enabling Law is Necessary for Detailed Frameworks

The Malaysian Bar has proposed the introduction of an enabling law, termed the Office of the Public Prosecutor Act (OPPA), to elaborate on the finer aspects of the PP's role. This legislation would complement proposed amendments to the Federal Constitution aimed at separating the Attorney General (AG) and Public Prosecutor (PP) functions. Such an Act is deemed necessary to detail the specific mechanisms for removing a PP, the establishment and composition of any tribunal considering removal, and the grounds and process for petitioning such a removal.
International Precedents Support an Enabling Act

Civil society groups, including Projek SAMA, have highlighted that countries such as the United Kingdom, Canada, and Australia have enacted specific laws to govern their public prosecution services. These existing frameworks underscore the practice of having dedicated legislation that outlines an enabling Act covering crucial details like the appointment process, tenure rules, code of ethics, and parliamentary accountability for the PP. This approach ensures a more detailed and transparent operational structure.
Safeguards and Accountability Mechanisms Require Specific Legislation

While the proposed Bill includes safeguards to protect the PP from arbitrary dismissal, concerns have been raised regarding the vagueness of terms like "misconduct." The Malaysian Bar suggests that a legally binding Code of Conduct for the PP, as stipulated in an OPPA, would be more effective than relying solely on the term "misconduct" in the Constitution. Furthermore, proposals have been made to involve Parliament in the PP's appointment process, potentially through a limited veto power, to enhance transparency and accountability.
The Need for Defined Tenure and Ethical Guidelines

The government's proposed Bill outlines a seven-year term for the PP but does not specify a retirement age or preclude reappointment. This lack of definition has raised questions about potential indefinite tenure, unlike that for judges. An OPPA could address these ambiguities by establishing a definitive and finite period for the PP's service, alongside a comprehensive Prosecution Code of Conduct and published guidelines for prosecutorial decision-making. The Parliamentary Special Select Committee (PSSC) is reportedly working towards a consensus on these matters for a potential June parliamentary tabling.

Reading history

Hide →

This history is cleared when the page is closed.

Should an Office of the Public Prosecutor Act (OPPA) be enacted before amending the Federal Constitution?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends