KUALA LUMPUR (Feb 23): Malaysia on Monday tabled a bill in Parliament, seeking to formally separate the roles of the Attorney General and the Public Prosecutor, a long-promised institutional reform under Prime Minister Datuk Seri Anwar Ibrahim.
Central to the bill, dubbed as Constitution (Amendment) (No.2) Bill 2026, is the introduction of a new Article 145a, which provides that the Yang di-Pertuan Agong shall, in his discretion, appoint a Public Prosecutor for the Federation on the recommendation of the Judicial and Legal Service Commission and after consultation with the Conference of Rulers.
A person qualified for the appointments must be a citizen with at least 10 years’ experience in litigation, and members of Parliament are expressly disqualified from appointment.
The proposed term of office for the Public Prosecutor is seven years, subject to resignation. The bill further provides that the Public Prosecutor may not be removed from office except on the grounds of inability, from infirmity of body or mind, or misconduct or misbehaviour, and only after a tribunal process.
The tribunal must be chaired by a former attorney general and comprise a former public prosecutor, a former chief secretary to the government and not fewer than three former Federal Court judges.
Pending any reference and report by the tribunal, the Yang di-Pertuan Agong may, on the recommendation of the Judicial and Legal Service Commission, suspend the Public Prosecutor from exercising his functions.
The bill further provides that Parliament shall determine the remuneration of the Public Prosecutor, which shall be charged on the Consolidated Fund, and that the remuneration and other terms of office, including pension rights, “shall not be altered to his disadvantage after his appointment”.
Power of Public Prosecutor
According to the explanatory note of the bill, a Public Prosecutor “shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Shariah Court, a native court or a court-martial”.
Where the personal consent of the Attorney General is required for the institution of criminal action under the Constitution, such consent “shall not be given except with the consent of the Public Prosecutor personally”.
The Public Prosecutor will also have the right of audience in, and shall take precedence over any other person appearing before, any court in the Federation. However, if both the Attorney General and the Public Prosecutor appear in the same court, the Attorney General may take precedence.
In addition, the Public Prosecutor shall be consulted on matters relating to criminal law and criminal procedure and may render advice to the Yang di-Pertuan Agong, the Cabinet or any minister on such matters, as well as discharge functions conferred under the Constitution or any other written law.
Overall, the amendment bill comprises nine clauses and introduces two new Articles — Articles 145a and 145b — alongside consequential amendments to several existing constitutional provisions, including Articles 42, 132, 138, 145 and 160.
Other notable amendments include Article 132 being amended to provide that the offices of the Attorney General and the Public Prosecutor are not part of the public services of the Federation.
Meanwhile Article 138 is amended to restructure the composition of the Judicial and Legal Service Commission, including the addition of the Public Prosecutor, the Solicitor General, and the Chief Judge of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak as ex officio members.
Transitional period
Upon its coming into operation, the functions of the Public Prosecutor shall continue to be exercised by the Attorney General until a Public Prosecutor is appointed under the amended Constitution.
It also provides that the person holding the office of Attorney General immediately prior to the Act’s commencement shall continue to hold office on terms and conditions not less favourable than those applicable before the Act comes into operation.
The Financial Implications section states that the bill “will involve the Government in extra financial expenditure; the amount of which cannot at present be ascertained”.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the second and third readings of the bill will take place during the current parliamentary session. The proposed constitutional amendment requires a two-thirds majority in the Dewan Rakyat to be passed.
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