THE government is studying the mechanism for appointing a Public Prosecutor as part of Malaysia’s forthcoming separation of powers between the offices of the Attorney General (AG) and the Public Prosecutor, said Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) M. Kulasegaran.
He told Parliament on Wednesday that the Technical Task Force is currently examining several models before any final decision is made.
The move follows the Cabinet’s decision on 10 September to formally separate the two positions — which are presently held by the same individual — into independent and equal offices.
“The appointment of the Attorney General, under Article 145(1) of the Federal Constitution, is made by the Yang di-Pertuan Agong on the advice of the Prime Minister,” Kulasegaran said during the Dewan Rakyat’s question session.
“The proposed mechanism for the appointment of the Public Prosecutor, following this separation of roles, is now under review by the Technical Committee before any key decisions are determined.”
He was responding to a question from Lim Lip Eng (PH–Kepong), who asked which comparative models the government had studied and whether the appointment of the Attorney General would be referred to a relevant parliamentary select committee.
Kulasegaran said the government’s reform blueprint draws on comparative studies from Canada, Australia and the United Kingdom — all common law jurisdictions that have already implemented varying degrees of functional separation between the Attorney General and the Public Prosecutor.
He urged all parties to allow the technical committee the necessary space to complete its work “to ensure that this institutional reform is implemented comprehensively, in full respect of the rule of law and free from political influence.”
“Once the separation is in place, both the Attorney General and the Public Prosecutor will each have their own jurisdiction. The appointment process for the Public Prosecutor will also be scrutinised carefully to ensure justice and independence are fully upheld,” he said.
Responding to a supplementary question from Datuk Mumtaz Md Nawi (PN–Tumpat) regarding safeguards against political interference, Kulasegaran added: “I believe, just as the current Public Prosecutor performs his duties independently, he is the best example of the model we aspire to institutionalise.” - October 29, 2025
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