What constitutional amendment is needed to separate AG and PP roles?

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Constitutional Amendment Required to Separate Attorney General and Public Prosecutor Roles

The Malaysian government has proposed significant amendments to the Federal Constitution to formally delineate the distinct functions of the Attorney General (AG) and the Public Prosecutor (PP). This reform aims to establish the PP as an independent entity, free from executive and political influence, while the AG will continue to serve as the government's chief legal advisor. The proposed changes are intended to bolster the rule of law, enhance institutional independence, and foster greater public trust in the justice system.
Independent Appointment of Public Prosecutors

A central component of the proposed constitutional amendment involves shifting the power to appoint future public prosecutors. Under the revised framework, this authority will reside with the Yang di-Pertuan Agong, who is mandated to act solely on the independent advice provided by the Judicial and Legal Service Commission (SPKP). Crucially, this process will exclude any involvement from the Prime Minister or the Cabinet, thereby insulating prosecutorial appointments from political considerations.
Parliamentary Oversight and Vetting

Beyond the appointment by the Yang di-Pertuan Agong, the proposed reforms also seek to imbue Parliament with a more direct role in the vetting process for public prosecutors. This includes empowering parliamentary committees to review and provide input on candidate selections before final decisions are made. Such a measure is designed to introduce an additional layer of scrutiny and accountability, further reinforcing the independence of the prosecutorial function.
Broader Legislative Reforms and Safeguards

The proposed constitutional changes are part of a wider legislative reform agenda. The revised Bill includes provisions for a formal Prosecutors’ Code of Ethics, establishing clear professional standards for those in prosecutorial roles. Furthermore, it aims to grant Parliament explicit constitutional authority to enact subsequent legislation that can further strengthen the independence and operational capacity of the Public Prosecutor's office over time, ensuring its continued autonomy.
Requirement for Two-Thirds Parliamentary Majority

The passage of this significant constitutional amendment necessitates a substantial majority in the Dewan Rakyat, Malaysia's lower house of parliament. Specifically, a two-thirds majority is required for the Bill to be enacted into law. This high threshold underscores the importance and far-reaching implications of separating the roles of the Attorney General and the Public Prosecutor, requiring broad consensus across the political spectrum.

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What constitutional amendment is needed to separate AG and PP roles?

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