Why is separating AG and public prosecutor roles taking so long?

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The Separation of Attorney General and Public Prosecutor Roles is a Lengthy Process Due to Legal Complexity and the Need for Stability

The reform efforts to separate the powers between the Attorney General’s Chambers and the public prosecutor’s office in Malaysia is a prolonged undertaking. This extended timeline is primarily attributed to the nation's diverse legal landscape, necessitating a comprehensive and in-depth study to ensure any decisions made are permanent and resistant to future revisions. Furthermore, the successful implementation of such significant institutional reform is contingent upon political stability, as amendments to the constitution and related laws are required.
Comprehensive Legal Study Required for Permanent Decisions

Malaysia's multifaceted legal framework demands a thorough and detailed investigation before any separation of powers can be finalised. This meticulous approach is crucial to prevent decisions from being subject to future changes, a concern underscored by instances in other countries where similar separations were later reversed. The aim is to establish a robust framework that ensures the permanence of the separation, avoiding the pitfalls observed elsewhere.
Political Stability is Essential for Legal Amendments

The process of separating the roles of the Attorney General and the public prosecutor cannot be completed without a stable government. Institutional reform of this magnitude requires amendments to the constitution, which can only be achieved through stable legislative and political conditions. Without this stability, the necessary legal groundwork for the separation cannot be laid.
A Phased Approach Guides the Reform Process

The agenda to separate the roles of the Attorney General and the Public Prosecutor is being implemented through a structured three-phase plan. Phase one involves a comparative study of other countries to identify a suitable model for Malaysia. Phase two entails a Special Technical Task Force examining the legal, staffing, and financial implications. The final phase, phase three, will include joint engagement sessions with stakeholders, including the governments of Sabah and Sarawak, and various enforcement agencies.

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Why is separating AG and public prosecutor roles taking so long?

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