Study needed before separating AG, public prosecutor’s roles, says minister

 

Azalina Othman Said said the separation of powers between the attorney-general and public prosecutor would also require additional government spending. (Bernama pic)

KUALA LUMPUR: The government will undertake a comprehensive empirical study within one year before finalising the proposed separation of powers between the Attorney-General (AG) and the public prosecutor.

Law and institutional reform minister Azalina Othman Said said about 19 existing laws, as well as the Federal Constitution, need to be amended before the implementation of the separation of power.

“However, the matter would also involve costs that require additional government spending,” she said when delivering her lecture in “Parliament Lecture Series 3.0: Rebuilding the Nation Through Reforms” in the Parliament building here last night.

Azalina said several laws have been amended where necessary, to address and improve governance in Malaysia in the past nine months.

She also pointed out that the government is in the process of drafting a State Immunity Bill that will reflect principles of international law such as state and sovereign immunity, conclusiveness of a sovereign’s status, certainty in the service of process for court documents on foreign nations, and exceptions to the granting of such immunity.

With the presence of such a law, she hoped that other sovereign countries can also guarantee immunity to Malaysia based on the principle of reciprocity.

“The sovereignty of Malaysia needs to be safeguarded and cannot be taken for granted as the Sulu fraud has shown us,” she said.

Meanwhile, the minister also noted the unity government is currently studying in greater detail the Human Rights Commission of Malaysia (Suhakam) Act 1999 and the Whistleblowers Protection Act 2010 to increase public trust as well as the confidence of foreign investors.

Azalina stressed an all-of-Malaysia approach, bringing together the rakyat, government and civil societies is required to achieve the vision of building a better Malaysia with a robust economy including fiscal sustainability, inclusive growth, quality jobs and institutional reforms.

“The unity government has a moral obligation and legal duty to the rakyat to ensure the reforms are addressed within this five-year period,” she said.

Also present at the lecture were Dewan Rakyat Speaker Johari Abdul and former Dewan Rakyat speaker and former Court of Appeals judge Ariff Md Yusof. - FMT