KUALA LUMPUR (Feb 24): A group of backbenchers is seeking parliamentary oversight and safeguards in the bill to separate the office of the attorney general and the public prosecutor.

The 10 members of Parliament (MPs), led by Datuk Seri Rafizi Ramli, warned that they may withhold support for the bill that requires support from two-thirds of the Dewan Rakyat as the constitutional amendment should not be made in a “rush and hastily” before consultation.

“Our support for this constitutional amendment...is dependent and subject to the government’s openness to consider these proposals,” Rafizi said at a press conference alongside nine other MPs from PKR.

The remarks come on the heels of the freshly tabled bill that will carve out a separate and distinct public prosecutor’s role and office from the attorney general to fulfil one of the government's long-promised reforms.

The proposed term of office for the public prosecutor is seven years. The attorney general, meanwhile, will continue advising the government on matters of law though legal matters involving criminal law and criminal procedure will fall under the public prosecutor’s purview.

On Tuesday (Feb 24), Rafizi outlined the four proposals that would include Parliament’s formal involvement in the appointment process of the public prosecutor. He said there should be a parliamentary confirmation stage on top of the current draft that provides for the Judicial and Legal Service Commission to recommend a candidate.

He suggested that the nominee undergo a public confirmation hearing before a bipartisan parliamentary select committee. “The purpose is to create a layered process so that power is not concentrated in the hands of only a few individuals,” he said.

Only candidates who pass the vetting process should be voted on by the Dewan Rakyat, requiring a majority vote before their names are submitted to the Yang di-Pertuan Agong for appointment, he said.

Rafizi’s group of MPs also proposed that Parliament play a role in the removal process. Under the current draft, only the Judicial and Legal Service Commission may initiate representations for a tribunal to be formed.

Parliament, as the highest body entrusted by the rakyat, should have recourse to initiate removal proceedings, he argued. “It is defective if Parliament has no mechanism to convey the rakyat’s concerns regarding performance, direction or misconduct.”

The backbenchers also said the public prosecutor’s term should be cut to four years instead of the seven years currently suggested in the draft.

“A seven-year term is too long and could make one office overly powerful across multiple governments,” Rafizi said, pointing out that Malaysia had five prime ministers between 2018 and 2022. “In that scenario, the public prosecutor could effectively outlast several elected governments.”

The group also calls for more time to scrutinise the bill as constitutional amendments of such scale should be circulated at least two weeks before debate.

The nine other MPs are Wong Chen (Subang), Lee Chean Chung (Petaling Jaya), S Kesavan (Sg Siput), Onn Abu Bakar (Batu Pahat), Rodziah Ismail (Ampang), Nik Nazmi Nik Ahmad (Setiawangsa), Zahir Hassan (Wangsa Maju), Hassan Karim (Pasir Gudang) and Bakhtiar Wan Chik (Balik Pulau).

For the constitutional amendment to be passed, at least 148 MPs must give their support to the bill.

The bloc of 10 MPs withholding support for the proposed amendment could materially narrow the government’s margin to secure the required two-thirds threshold — particularly if opposition lawmakers from Perikatan Nasional vote against the amendment.

Rafizi urged the Cabinet to consider refining the bill, including referring it to a parliamentary select committee if necessary. “The government loses nothing by taking into account these positions, refining the draft and returning in the next sitting. There is still time,” he said.