KUALA LUMPUR, Sept 11 — The Malaysian government’s plan to separate the roles of Attorney General (AG) and Public Prosecutor (PP) must not be reduced to a “symbolic” move, DAP Wanita’s legal bureau head Sangeet Kaur Deo said today.
Sangeet, who is also a lawyer, welcomed the Cabinet’s agreement in principle to split the two posts but stressed that the reform must go further to tackle the root problem of political interference.
“The proposed separation is an opportunity to restore public trust in Malaysia’s justice system.
“But for this change to carry any real meaning, both the Attorney General and the Public Prosecutor must be firmly insulated from political interference. Anything less will simply reproduce the same old problems, under new titles.
“The heart of the issue has always been undue influence, and unless that is addressed head-on, the separation risks being only symbolic,” she said in a statement.
She added that while it is necessary to separate the AG’s dual roles of advising the government and prosecuting crimes, the deeper challenge lies in Malaysia’s political culture.
“Even the most carefully drafted provisions will falter if informal practices of influence or interference are allowed to persist,” she said.
Sangeet also proposed safeguards to ensure independence:
- Appointment of the public prosecutor through a transparent process, ideally involving Parliament or an independent body.
- Fixed and secure tenure as protection from “subtle pressures or inducements”.
- Requiring any directions from the AG or government to the PP to be made public.
Yesterday, government spokesman Datuk Fahmi Fadzil announced that the Cabinet had decided to fully separate the AG and PP roles and enshrine both positions under the Federal Constitution.
The Prime Minister’s Department’s Legal Affairs Division (BHEUU) said amendments will be made to Article 145, Article 183 and Article 42 of the Federal Constitution, along with a new Bill to amend 19 laws including the Criminal Procedure Code. A separate law similar to the Judges’ Remuneration Act 1971 will also be introduced to cover the AG and PP.
The Cabinet has agreed for the implementation to be carried out in phases, with a technical team headed by BHEUU – alongside the Attorney General’s Chambers, Finance Ministry, Public Service Department, Public Service Commission, and Judicial and Legal Service Commission – tasked to study changes to structures, personnel, logistics and financial implications.
