Malaysia

Constitutional amendment to separate roles of Attorney-General and Public Prosecutor set for 2026

Azalina confirms full separation model will proceed, with constitutional reform as first legal step in institutional overhaul

Updated 10 months ago · Published on 06 Oct 2025 3:31PM

Constitutional amendment to separate roles of Attorney-General and Public Prosecutor set for 2026
Constitutional amendment to separate roles of Attorney-General and Public Prosecutor set for 2026 - October 6, 2025

A CONSTITUTIONAL amendment to formally separate the powers and roles of the Attorney-General and the Public Prosecutor will be tabled in Parliament next year, marking a major milestone in Malaysia’s institutional reform agenda.

Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, told the Dewan Rakyat on Monday that the amendment is necessary to provide a clear legal foundation for the separation, which will see two distinct individuals appointed to the roles — each holding equal status.

“This follows the Cabinet’s policy decision on 10 September to adopt a full separation model,” said Azalina during a question-and-answer session.

“Following that decision, the next step in achieving this reform is to amend the Federal Constitution to provide lawful authority for separating the functions and powers of the Attorney-General and the Public Prosecutor. The constitutional amendment bill is expected to be tabled next year.”

She was responding to a question from Datuk Seri Takiyuddin Hassan (PN-Kota Bharu), who had asked for an update on the government’s plans for the separation of powers between the two offices.

Once the constitutional amendment is passed, Azalina said the government will subsequently table two additional bills: one concerning the remuneration structure for the new Public Prosecutor role, and another omnibus bill to amend over 20 existing laws tied to prosecutorial powers and functions.

These include amendments to the Penal Code, Criminal Procedure Code, Evidence Act, Immigration Act and the Judicial Appointments Commission Act.

When asked whether the Attorney-General would remain part of the administration following the separation, Azalina said the matter would be subject to further Cabinet deliberation.

“The question is whether we want the Attorney-General to attend Parliament. If so, then naturally, the Attorney-General must be either a senator or a Member of the House of Representatives,” she explained.

Azalina also noted that the government had conducted comparative studies on best practices from countries such as Canada, Australia and the United Kingdom to ensure that prosecutorial independence would be protected under the proposed framework.

She said a dedicated task force had undertaken doctrinal, comparative and sociological research to form the basis of the reform, aiming for a transparent and comprehensive implementation.

“We are aware, based on feedback from civil society organisations, that issues such as financial independence, remuneration, career progression, and truly independent appointment and dismissal processes are essential,” she added.

The separation of the Attorney-General’s advisory role from the prosecutorial function has long been a key demand from legal reform advocates, who argue that it is necessary to ensure impartiality in criminal proceedings and prevent political interference. - October 6, 2025

Spotlight

Malaysia

Elderly man admits to hitting neighbour with iron rod

Malaysia

Body found at KLIA2 in tyre storage compartment of aircraft from Japan

Malaysia

Factory operator faces rape, unnatural sex charges involving polytechnic student

Malaysia

Ismail Sabri granted RM300k bail after pleading not guilty to asset declaration charge

By Alfian Z.M. Tahir

Malaysia

Sunway Lagoon ride halted as safety probe seeks to protect public - DOSH

Malaysia

Malaysia ready to deploy military expertise for Nepal flood relief, says Defence Minister

Malaysia

Violence in Thailand: Visitors drop by almost 50 per cent

By Ian McIntyre

You may be interested

Malaysia

Three injured after Singapore-Kuala Lumpur express bus crashes on PLUS highway

Malaysia

Malaysia eyes RM34.5b MedTech export base to capture greater high-value growth

Malaysia

Shah Alam brawl turns deadly as car strikes man after machete attack (video)

Malaysia

Kedah braces for potential hundreds of millions in gambling claims

Malaysia

Haze: Decision on National Day celebrations to be made today

By Alfian Z.M. Tahir

Malaysia

Haze: Penang may shelve Merdeka Day celebrations, says CM

By Ian McIntyre

Malaysia

Over 50 Malaysians uncontactable after Nepal floods kill over 160

Malaysia

Former TH chairman, former Treasury sec-gen arrive in court for remand hearing