A group of PKR lawmakers has urged Putrajaya to consider amendments to its proposed bill on separating the roles of the attorney-general (AG) and the public prosecutor, asserting that their support for the bill relies on such changes.
Among the demands put forth by the 10 backbenchers is for Parliament to be involved in the appointment of a public prosecutor, with the MPs arguing that the bill, in its current form, concentrates power among the prime minister and the Judicial and Legal Service Commission (JLSC).
Referencing a joint statement issued by civil society organisations (CSOs) following the tabling of the bill for its first reading in the Dewan Rakyat, the MPs backed the groups’ call to further strengthen the spirit of separation of powers and reinforce checks and balances in the constitutional amendment.
“The CSOs proposed that the appointment of the public prosecutor go through a transparent and accountable layered process involving Parliament as the largest institution elected by the people,” the MPs said in a joint statement today.
“We are responsible for conveying the aspirations of progressive voters who want such a layered process to prevent the power to appoint and remove the public prosecutor from being concentrated among only a few individuals.
“Our support for this constitutional amendment, which requires a two-thirds majority, is dependent upon and subject to the government’s openness to consider our proposals,” they added.
The statement was undersigned by Rafizi Ramli (Pandan), Wong Chen (Subang), Lee Chean Chung (Petaling Jaya), S Kesavan (Sg Siput), Onn Abu Bakar (Batu Pahat), Rodziah Ismail (Ampang), Nik Nazmi Nik Ahmad (Setiawangsa), Zahir Hassan (Wangsa Maju), Hassan Karim (Pasir Gudang), and Bakhtiar Wan Chik (Balik Pulau).
Not independent enough
Yesterday, CSOs including Bersih, the Center to Combat Corruption and Cronyism (C4 Center), and the Institute for Democracy and Economic Affairs (Ideas) opined that the bill does not create a sufficient level of independence and security of tenure in the appointment of the public prosecutor.
According to the Constitution (Amendment) (No. 2) Bill 2026, the public prosecutor will be appointed by the Yang di-Pertuan Agong, acting in his discretion, upon recommendation of the JLSC and after consultation with the Conference of Rulers.
The CSOs, however, said that although the prime minister is not directly involved in the process, he is indirectly involved through the appointment of the JLSC chairperson, who is appointed on the advice of the prime minister.
As such, the groups argued that the JLSC cannot fulfil Parliament’s principal role to exercise institutional checks and balances as its membership consists of those appointed to their official positions by the prime minister.
1MDB scandal, Zahid’s case
The 10 PKR MPs pointed to “unique incidents” in the past to illustrate their call for Parliament’s involvement in the public prosecutor’s appointment.
“A good example concerns the peak of criticism against the AG, who at that time held the powers of a public prosecutor, during the 1MDB scandal.
“Although public criticism of the AG’s conduct in handling investigations into the 1MDB scandal was also voiced in Parliament by MPs, the people and Parliament had no power to take action against the public prosecutor,” they reflected.
In more recent times, the Kuala Lumpur High Court was today told that the Attorney-General’s Chambers (AGC) has no objections to Deputy Prime Minister Ahmad Zahid Hamidi’s application for full acquittal from 47 corruption charges involving Yayasan Akalbudi funds.
The Bagan Datuk MP had filed his application in seeking full acquittal on Jan 28 this year, following the AGC declaring no further action on his charges after he was granted a discharge not amounting to an acquittal (DNAA) in September 2023.
Get PSSC involved
The PKR MPs further proposed that instead of the JLSC solely recommending candidates to the Yang di-Pertuan Agong, candidates should undergo a televised public confirmation hearing before a Parliament special select committee (PSSC).
Following the hearing, the candidate must secure a simple majority vote in the Dewan Rakyat before being presented for royal assent.
They also vouched for Parliament’s role to be incorporated into the process of removing the public prosecutor, noting that the Dewan Rakyat should be able to table a motion to initiate a tribunal process against a public prosecutor.
They further called for the bill to first be referred to the PSSC on human rights, elections, and institutional reform to secure cross-party feedback and input from MPs to improve the proposed constitutional amendments.
Additionally, they asserted that the tenure of a public prosecutor should be limited to four years, instead of the proposed seven-year term, which they deemed “too long” and could potentially render a public prosecutor “overly powerful” across several administrations.
“An excessively long term would also disconnect the people’s mandate expressed at the ballot box from having any meaning in the administration of justice,” they added.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said earlier said the amendments will be tabled for second reading on March 2.
Separating the legal and prosecutorial functions of the AG has been one of Pakatan Harapan’s key promised areas of reforms, to reinforce institutional independence and promote greater transparency and fairness in the national legal system. - Mkini
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