What specific provisions would an OPPA legislation include for the Public Prosecutor?

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An OPPA would set out how the Public Prosecutor can be removed, including the tribunal, petition rules, and grounds
Karen Cheah said Malaysia would need an OPPA legislation to go alongside the proposed constitutional amendments on separating the roles of the attorney general and public prosecutor. She said an OPPA would spell out the mechanism to remove a Public Prosecutor, including how the tribunal would be established, who would sit on it, who could petition for removal, and what grounds could be used. The broader Bill context also points to a new constitutional article that would cover appointment, qualification, terms of office, remuneration and removal of the Public Prosecutor.
It would define the mechanism for removing a Public Prosecutor through a tribunal
Cheah said a law like OPPA would “spell out the mechanism” to remove a Public Prosecutor. She added that it would cover how the tribunal to consider whether to remove a Public Prosecutor would be established. This is linked to the Bill’s proposed changes that already provide for removal as part of the Public Prosecutor framework.
It would specify tribunal membership for Public Prosecutor removal cases
Cheah said OPPA would specify who would sit on the tribunal that considers whether a Public Prosecutor should be removed. In the same account, she described OPPA as detailing the procedural setup around that tribunal. This would translate the constitutional removal framework into a defined process for decision-making.
It would set out who may petition for removal and what grounds can be used
Cheah said OPPA would specify who can petition for a Public Prosecutor’s removal. She also said OPPA would specify the grounds for such a petition. Together, these provisions would determine both the eligible petitioners and the basis on which a removal request could proceed.
The Bill’s new constitutional article already targets appointment, terms, and removal
The Bill being considered by a 12-member bipartisan parliamentary special select committee proposes a new Article 145A to provide for the appointment, qualification, terms of office, remuneration and removal of the Public Prosecutor. It also proposes a Clause (20) allowing Parliament to provide by law matters relating to appointment, removal and report of the Public Prosecutor and the procedure under the article. In that structure, an OPPA-type law would be the legislative vehicle to operationalise the removal and tribunal procedure described by Cheah.

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What specific provisions would an OPPA legislation include for the Public Prosecutor?

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