THE proposed separation of roles between the Attorney General and the Public Prosecutor in Malaysia is set to not only introduce legal reforms but also reshape the organisational structure of the nation’s prosecutorial system with the establishment of a dedicated department.
Attorney General Tan Sri Mohd Dusuki Mokhtar explained that the Attorney General’s Chambers will form part of a Technical Special Task Force, collaborating with other government agencies to implement the reforms.
He highlighted that the process will involve the Ministry of Finance, the Public Service Department, the Judicial and Legal Service Commission, and the Public Service Commission to address structural, staffing, logistical, and financial implications.
Dusuki said comparative studies conducted by the government showed that a dedicated prosecution department would allow the head of the department to focus entirely on prosecutorial duties without being encumbered by the broader responsibilities of the Attorney General.
“Observations from overseas show that prosecutors often handle high-profile and sensitive cases because they are not tied to the duties of the Attorney General.
“As is publicly known, the Attorney General’s role also requires travel abroad for negotiations or international dispute resolutions. Therefore, with a dedicated department for prosecution in Malaysia, the Public Prosecutor leading it can give full attention to prosecutorial matters,” he said.
The move follows reports that the Minister in the Prime Minister’s Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, intends to table a bill in the Dewan Rakyat for first reading tomorrow, which will formally separate the roles of Attorney General and Public Prosecutor and limit the tenure of the Prime Minister to two terms.
Dusuki emphasised that the separation of powers is expected to enhance government service delivery, as two distinct officeholders will make independent decisions within their respective domains.
He added that the Attorney General’s Chambers hopes the bill will solidify the principle of prosecutorial independence and reinforce justice in the country.
He noted that implementing this separation will require amendments to several key laws, including the establishment of the Public Prosecutor position under the Federal Constitution.
“When the office of Public Prosecutor is created, the Criminal Procedure Code will also need to be amended to update it in line with constitutional provisions. Other related laws will require revisions as identified, and these changes will strengthen the new department,” Dusuki said.
He explained that constitutional amendments are necessary because prosecutorial functions must be removed from Article 145 of the Federal Constitution and assigned to the new Public Prosecutor office, ensuring clarity and independence in legal proceedings.
The reforms mark a significant step in modernising Malaysia’s legal system by distinctly separating advisory and prosecutorial powers to enhance accountability and efficiency within the justice sector. - February 22, 2026
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