THE government has proposed seven key amendments under the Constitution (Amendment) (No. 2) Bill 2026 to separate the roles of the Attorney General and the Public Prosecutor, marking a significant step towards strengthening the independence of the country's prosecution system.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said one of the most significant proposals would see the Public Prosecutor appointed by the Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission (SPKP), without any involvement from the Prime Minister or the Cabinet.
She said the appointment process would also incorporate parliamentary oversight, with the nominee's name to be presented to Parliament, allowing Members of Parliament to submit their views to the SPKP before the appointment is finalised.
Under the proposed reforms, the Public Prosecutor would serve a fixed seven-year term with no option for renewal or reappointment, a measure aimed at safeguarding the office from external influence and ensuring institutional independence.
"The Public Prosecutor will also be required to submit an annual report covering the administration, management and financial position of the office to the Yang di-Pertuan Agong before it is tabled in both Houses of Parliament," Azalina said while presenting the report of the Parliamentary Special Select Committee in the Dewan Rakyat on Tuesday.
The committee has also recommended the introduction of a dedicated Code of Ethics for the Public Prosecutor, with any breach of the code constituting valid grounds for disciplinary action or removal from office.
Azalina said the recommendations were the result of seven meetings of the Parliamentary Special Select Committee, as well as extensive engagements with the Attorney General's Chambers, the Malaysian Bar, the Human Rights Commission of Malaysia (SUHAKAM), academics and civil society organisations to ensure the reforms are comprehensive and effective.
Earlier, the Constitution (Amendment) (No. 2) Bill 2026 was referred to the Parliamentary Special Select Committee following its first reading, allowing further scrutiny and refinement before it is returned to the Dewan Rakyat for debate and consideration. - July 14, 2026
