THE proposal to separate the roles of Attorney General and Public Prosecutor has been welcomed by Members of Parliament across the political divide, amid ongoing efforts to strengthen institutional independence within the country’s legal system.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the reform is designed to address public perceptions of bias in prosecutorial decisions and to reinforce confidence in the administration of justice.
She said feedback gathered during engagement sessions with Members of Parliament indicated broad support for the move, with many viewing it as a long-overdue institutional reform.
"The proposal to separate the functions of the Attorney General and the Public Prosecutor has received very positive feedback from Members of Parliament. They have heard and encountered many situations where prosecution is perceived as biased, and there is dissatisfaction regarding this matter," she said.
She added that the reform is widely seen as necessary to ensure fairness in the justice system and to strengthen the perception of impartiality in prosecutorial decisions.
"This is a very much anticipated institutional reform, strongly encouraged and seen as bringing more benefits than drawbacks."
"It is considered a fundamental issue in our country because we do not want biased prosecution. Many people want an independent prosecution so that they feel if they are charged, it is based on merit."
"The Attorney General’s decision to prosecute or withdraw cases has caused dissatisfaction, including among the Bar Council. With this separation, the perception of biased prosecution may be eliminated. That is the core reason for this separation, so that our administrative practice is truly independent," she told reporters.
Azalina said the reform is also expected to strengthen investor confidence in Malaysia’s legal and governance framework.
"It will give more confidence, especially to investors. What we are doing is for the future of the country," she said.
The Constitutional (Amendment) (No. 2) Bill 2026, which provides for the separation of the Attorney General and Public Prosecutor roles, was tabled for first reading in the Dewan Rakyat on 23 February.
After its second reading on 3 March, the Bill was referred to a Parliamentary Select Committee for further review.
Among the proposed enhancements is a provision for the Public Prosecutor to be appointed by the Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission, without involvement from the Prime Minister or Cabinet.
The proposal also suggests that Parliament be granted a role in reviewing and recommending candidates for the position, including the ability to debate, vote on or publicly disclose its assessment of nominees submitted by the commission.
The reform is being positioned as a key step toward strengthening institutional checks and balances within Malaysia’s legal system and addressing long-standing concerns over prosecutorial independence. - July 6, 2026
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