AG-public prosecutor separation bill deferred to next Dewan Rakyat sitting

Key Points

The government deferred the second reading of the bill to separate the Attorney General and Public Prosecutor roles.
The delay allows for presentation to the Conference of Rulers to ensure a prudent constitutional process.
The reform aims to eliminate conflicts of interest by splitting legal advisory and prosecutorial duties.
Revised proposals include greater parliamentary oversight in the appointment of the Public Prosecutor.

Background History

The dual-role system, inherited from Malaysia's colonial past, has long been criticized for potential conflicts of interest. Calls for reform have intensified over the years, particularly following high-profile cases that raised public concerns about political interference in the justice system.

The Malaysian government has officially deferred the second reading of the Constitution (Amendment) (No. 2) Bill 2026, which seeks to separate the roles of the Attorney General and the Public Prosecutor. Minister in the Prime Minister's Department for Law and Institutional Reform, Azalina Othman Said, announced that the bill will be moved to the next Dewan Rakyat sitting. This delay is intended to allow the government to present the proposed amendments to the Conference of Rulers, a move described as a sign of respect for the constitutional monarchy and a commitment to a prudent reform process.

Currently, the Attorney General serves as both the government's primary legal advisor and the nation's chief prosecutor. This dual role has long faced criticism for creating potential conflicts of interest, particularly in high-profile cases where the government may be involved. The proposed reform aims to create a distinct Public Prosecutor's office, granting it exclusive authority to initiate or discontinue criminal proceedings, thereby limiting the Attorney General's scope to non-criminal legal advice.

The bill has undergone significant development since it was first tabled in February 2026. It was previously referred to a Parliamentary Special Select Committee to address concerns regarding structural weaknesses and the need for greater oversight. Recent revisions to the bill include enhanced parliamentary involvement in the appointment process, ensuring that candidates for the Public Prosecutor role are vetted by the legislature before being presented to the Yang di-Pertuan Agong.

This legislative effort is a flagship initiative for the current administration's institutional reform agenda. By establishing a fixed seven-year term for the Public Prosecutor and introducing a dedicated code of ethics, the government hopes to insulate the office from political pressure. While the deferment pushes the timeline back, officials maintain that the extra time is necessary to ensure the constitutional amendments are robust and align with national practices before they are finalized.