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 1 year 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

Bersama suspends Nik Nazmi from party activities for three months

Malaysia

‘We have better things to do than orchestrate khalwat raids’ - Amirudin

Malaysia

Social media posts ‘emerge’- defending Ismail after Tuanku Muhriz’s public rebuke

World

Trump’s Muhammad joke about Iran presidency falls flat at Georgia rally

Health

Haze can cause life-threatening lung inflammation in cats and dogs, vet warns

World

Australia detects deadly H5N1 bird flu on Macquarie Island, threatening elephant seals

Malaysia

Agong warns against using social media to spread hatred, insult others

Malaysia

Nik Nazmi acknowledges he is the individual detained by JAIS

You may be interested

Malaysia

Immigration raid on Pudu entertainment centre nets 190 foreigners

Malaysia

Johor hotspots lead Malaysia’s haze tally as 25 localities record unhealthy air

Malaysia

Ab Rauf: BN to weigh public sentiment before deciding Melaka election pact

Malaysia

Police probe suspected concealment of birth after baby’s remains found in Terengganu drain

Malaysia

NaniRoc denies links to Nik Nazmi khalwat case, condemns online slurs

Malaysia

Agong warns against using social media to spread hatred, insult others

Malaysia

Sabah seeks immediate payment of undisputed 40% revenue claim from 2022

Malaysia

Malaysia’s baby bust: A silent crisis threatening the nation’s future prosperity