One of the most glaring structural flaws in Malaysia’s legal system is the concentration of two major powers in a single office: the attorney-general (AG) serving as the government’s chief legal adviser and the public prosecutor with full authority to initiate or halt criminal proceedings.
This merger of roles is not merely a technical legal issue. It strikes at the heart of justice, which must be independent and impartial.
When prosecutorial discretion and the government’s interests are held in the same hand, it raises serious questions about the integrity of our justice process.
This is not about personalities, but about the system. The rakyat is not demanding perfection; they are demanding a fair, transparent, and trustworthy system.
In reality, far too much power rests on the discretion of a single attorney-general. Appointed by the executive, the AG is tasked with advising the government while also wielding prosecutorial authority. This opens the door to both the perception and the possibility of political interference in criminal justice.
How long will study continue?
Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said has stated that the government is conducting a comprehensive study on separating these functions.
The study is said to focus on institutional safeguards surrounding the appointment and dismissal of the public prosecutor, along with the development of robust checks and balances.
However, a critical question remains: How long will this study continue? What is the clear direction being taken?
The government has referenced such studies for years. The rakyat deserves clarity on the outcomes, the implementation timeline and the shape of the reform. Institutional reform cannot remain trapped in a cycle of rhetoric.
Malaysia is not starting from scratch in this matter. Many other countries have already implemented the separation of prosecutorial power from the government’s legal advisory office.
They understand that the public’s perception of justice is just as important as justice itself. We can learn from approaches that have been proven effective and adapt them to our legal and political context.
The public prosecutor must function as an independent institution protected by the Federal Constitution. It must be free from political influence and executive control.
A matter of principle
Only through clear and complete separation can we ensure that prosecutions are carried out based on law, evidence, and public interest, not on political convenience or personal agenda.
This is not just a legal issue. It is a matter of principle, a matter of the rakyat’s trust in our system of justice, and a matter that will shape the legacy we leave for the next generation.
Every delay carries risk. There is the risk of abuse of power, the risk of perceived bias, and the risk of public confidence collapsing in our legal institutions.
The upcoming parliamentary sitting must serve as a platform to define a firm path forward. The time for study has passed. The time for action has arrived.
Without transparency and a clear institutional structure, justice will continue to remain a promise unfulfilled. - Mkini
MAHATHIR MOHD RAIS is former Federal Territories Bersatu and Perikatan Nasional secretary.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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