THE Prime Minister will have no role in the appointment of Malaysia’s public prosecutor once the Constitution (Amendment) (No. 2) Bill 2026 is enacted.
The office is instead placed firmly under the discretion of the Yang di-Pertuan Agong, following recommendations from the Judicial and Legal Service Commission and consultation with the Conference of Rulers.
Attorney-General Tan Sri Mohd Dusuki Mokhtar explained that candidates will be proposed by the Commission and must be Malaysian citizens with at least ten years of litigation experience. Members of Parliament or State Assembly representatives are barred from consideration.
“The original idea was to separate political interference in the appointment of the Public Prosecutor, and that is why we did not assign any role to politicians, including the Prime Minister.
“This is because we want to ensure he (the Public Prosecutor) acts fairly in carrying out his duties. That was the concern when the idea of separating the roles of Attorney-General and Public Prosecutor was raised.
“We are concerned that the Public Prosecutor may follow the rhythm of certain groups that determine his appointment if the process were to involve politicians,” he said.
Minister in the Prime Minister’s Department (Law and Institutional Reform), Azalina Othman Said, during a briefing in Parliament, added that the Public Prosecutor’s term will be fixed at seven years, with any extension requiring a formal application rather than automatic renewal.
“The Public Prosecutor must apply to continue in the position after his term expires. This allows the Commission to reassess performance. After seven years, the government may wish for a different personality,” she said.
Under the Bill, the Public Prosecutor will have full discretion to initiate, conduct or discontinue criminal proceedings, except in cases before Syariah courts, native courts, or courts-martial.
Powers previously requiring the Attorney-General’s personal consent will now require the Public Prosecutor’s consent.
The office may also determine the court or venue for proceedings, and has the right of audience in all courts, taking precedence over others unless the Attorney-General is present.
The Public Prosecutor will advise the Yang di-Pertuan Agong, Cabinet ministers, and the government on matters of criminal law and procedure and may exercise any constitutional or statutory functions. Senior deputies may perform the officeholder’s duties if authorised by law.
Removal is tightly regulated. If the Judicial and Legal Service Commission recommends removal on grounds of infirmity, misconduct, or misbehaviour, the King will appoint a tribunal comprising former high-ranking legal and judicial officials to consider the case.
Pending the tribunal’s report, the King may suspend the Public Prosecutor on the Commission’s recommendation.
The Bill also provides regulations for first-time and subsequent appointments, removal, suspension, and procedural matters, ensuring the office remains independent, professional, and insulated from political interference. - February 23, 2026
Parliament, Constitution Amendment Bill 2026, Public Prosecutor, Yang di-Pertuan Agong, Judicial and Legal Service Commission, Azalina Othman Said
