What does an OPPA add beyond constitutional role separation?

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An Office of the Public Prosecutor Act (OPPA) Would Define Removal Mechanisms and Establish a Tribunal for the Public Prosecutor

An Office of the Public Prosecutor Act (OPPA) is proposed legislation designed to complement amendments to the Federal Constitution concerning the separation of roles between the Attorney General and the Public Prosecutor. Such an Act would specify the procedures for removing a Public Prosecutor, detail the establishment and composition of a tribunal to review such removals, and outline the process for petitioning for a removal, including the grounds upon which such actions could be initiated.
Establishing Procedures for Public Prosecutor Removal

The proposed OPPA would delineate the precise mechanisms by which a Public Prosecutor could be removed from office. This includes defining who has the authority to initiate a removal petition and the specific grounds that would justify such a petition. This legislative framework aims to provide a clear and structured process, moving beyond a general constitutional amendment to address the practicalities of accountability for the Public Prosecutor's role.
Defining the Tribunal's Structure and Function

Beyond outlining the removal process, an OPPA would detail the establishment and operational procedures of a tribunal tasked with considering petitions for the removal of a Public Prosecutor. The Act would specify who would serve as members of this tribunal, ensuring a defined body responsible for impartially evaluating any such petitions. This contributes to a more robust system of checks and balances for the office.
Complementing Constitutional Amendments with Dedicated Legislation

The concept of an OPPA has been discussed as a necessary legislative companion to proposed constitutional amendments. While amendments to the Federal Constitution, such as the introduction of a new Article 145A, address aspects like the appointment, qualification, and terms of office of the Public Prosecutor, an OPPA would provide the granular detail on removal processes. This approach aims to ensure that the separation of powers and accountability are effectively implemented in practice.
Addressing Executive Influence in Prosecutorial Decisions

Proposed clauses to the Federal Constitution, alongside the envisioned OPPA, aim to limit direct executive influence on the Public Prosecutor. Specifically, new clauses suggest that Parliament may legislate on matters concerning the Public Prosecutor's appointment and removal, and that the Yang di-Pertuan Agong, on the advice of the Judicial and Legal Service Commission, may prescribe a code of ethics. Furthermore, proposed Clause (21) explicitly excludes the Prime Minister and Cabinet from advising the Yang di-Pertuan Agong regarding the appointment, removal, and suspension of the Public Prosecutor, reinforcing the intent to insulate the prosecutorial function.

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What does an OPPA add beyond constitutional role separation?

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