Will the PM and Cabinet be barred from advising the Agong on PP appointments?

Question

Accepted Answer

Prime Minister and Cabinet to be Barred from Advising the Agong on Public Prosecutor Appointments

The proposed amendments to the Bill concerning the separation of the Attorney General and Public Prosecutor roles include a significant new provision that would prevent the Prime Minister and the Cabinet from advising the Yang di-Pertuan Agong (YDPA) on matters related to the Public Prosecutor (PP). This change aims to create a distinct and independent process for the appointment, removal, and suspension of the PP, removing executive influence from these critical decisions.
Exclusion from Advisory Role on PP Matters

A revised clause within the improved version of the Bill, as proposed by the Parliamentary Special Select Committee (PSSC), explicitly states that the Prime Minister and the Cabinet "shall not advise" the Agong on any matters pertaining to the Public Prosecutor. This is further clarified in the PSSC's explanatory note, which specifies that the executive branch will be excluded from advising the Agong throughout the entire process of appointing, removing, and suspending the PP.
Enhanced Independence of the Public Prosecutor

This proposed restriction is a key enhancement to the Bill, designed to bolster the independence of the Public Prosecutor. Currently, under Article 40 of the Federal Constitution, the Agong generally acts on the advice of the Prime Minister or the Cabinet when exercising constitutional duties. By barring the PM and Cabinet from advising on PP-related matters, the PSSC's proposal seeks to insulate the PP's position from political interference, ensuring that decisions regarding prosecution and potential pardons are made with greater autonomy.
Agong's Appointment Based on JLSC Advice

Under the PSSC's proposed amendments, the Yang di-Pertuan Agong will continue to appoint a qualified person as the Public Prosecutor. However, this appointment will now be based on the "advice" of the Judicial and Legal Service Commission (JLSC), rather than a "recommendation" as initially proposed. The appointed PP must also be selected from the names put forward via the JLSC's advice to the Agong, formalising the JLSC's central role in the selection process.

Reading history

Hide →

This history is cleared when the page is closed.

Will the PM and Cabinet be barred from advising the Agong on PP appointments?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends