Azalina: AG-PP separation bill won't bind Agong's discretionary powers

 

The government’s proposed bill to separate the roles of the attorney-general and public prosecutor would not limit the Yang di-Pertuan Agong’s discretionary power in appointing the office holders, Azalina Othman Said said today.

The minister in the Prime Minister’s Department (Law and Institutional Reform), however, described the proposal as an important first step toward strengthening Parliament’s role, as it would allow lawmakers to scrutinise nominees in the Dewan Rakyat.

According to Azalina, Parliament may choose either to debate the nominees in the house or refer the list to a Parliamentary Special Select Committee (PSSC).

“Whatever Parliament decides, the discussions do not legally bind the king’s decision. Parliament’s role is to scrutinise the names and discuss any issues relating to the nominees.

“I think this is a positive development because it allows greater public participation. Previously, appointments were made without the public knowing who was being considered.

“Now Parliament will have an opportunity to discuss the nominees publicly. Whether Parliament ultimately influences the appointment is another matter, but at least there will be transparency,” she told Malaysiakini during an interview today.

The Pengerang MP pointed out that the bill also provides stronger constitutional safeguards against political influence in the appointment of the AG and public prosecutor.

She said the constitutional amendment being sought by Putrajaya specifically removes the role of the prime minister and cabinet from the appointment process.

Parliamentary hurdle

While admitting that passing the bill is challenging - as it requires a two-thirds majority, or 148 MPs, in the Dewan Rakyat, especially after Putrajaya’s proposal to limit the prime minister’s term faltered in March - the minister remains optimistic.

“For the AG-PP separation, however, the PSSC included bipartisan participation, including opposition members.

“We hope this bipartisan process will result in broader political support,” Azalina said.

The Constitution (Amendment) (No 2) Bill 2026, which aims to formally separate the roles of the AG and the public prosecutor, was first tabled on Feb 23 and later referred to the PSSC for further review.

Last month, a group of government MPs raised concerns about the proposal, particularly the bill’s Clause 18 that states “the Judicial and Legal Service Commission (JLSC) shall inform Parliament the names of persons to be nominated as public prosecutor and Parliament may give comments to the commission, if any.”

They urged the government to make several changes to the bill, including requiring a simple majority in the house for approving a nominee. - Mkini