KUALA LUMPUR: The Coalition for Clean and Fair Elections (Bersih) has welcomed the Cabinet’s decision to fully implement the separation of powers between the Attorney-General (AG) and the public prosecutor.
The decision, announced by Communications Minister Fahmi Fadzil, will see the two positions established separately and equally under the Federal Constitution.
Bersih described the move as a long-awaited reform agenda that is crucial to restoring public confidence in the justice system.
“This reform is highly significant in light of the discharge not amounting to acquittal (DNAA) granted to political leaders charged in court, as well as instances of selective prosecution in the past,” it said in a statement today.
The electoral watchdog added that the separation must ensure there is no abuse of power by the Executive, particularly in cases involving high-profile individuals with political influence.
Bersih also underlined the importance of guaranteeing the independence and accountability of the public prosecutor, saying that the appointment process must be free from executive influence and subject instead to parliamentary oversight.
“This element must be taken into account by the technical task force led by the Legal Affairs Division.
“We also believe the task force’s report should be made public,” it said.
Bersih said the separation of powers is a key institutional reform that must be carried out carefully, transparently, and inclusively.
It urged the government to engage with stakeholders, particularly the Special Select Committee on Human Rights, Election and Institutional Reform, which also includes opposition members of Parliament, to allow for broader input.
“Through openness and proper deliberation, we are confident there is no reason for any party to reject this crucial reform agenda,” it added.
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