KUALA LUMPUR (June 22): Public prosecutor candidates should be presented to the Parliament before a formal appointment, said a special committee reviewing a move to separate the dual functions of the attorney general.

The proposal is among a series of recommendations aimed at strengthening the independence, integrity and accountability of the public prosecutor’s office, Law Minister Datuk Seri Azalina Othman Said, who chairs the parliamentary select committee, said at a press conference on Monday.

The committee also recommends that Parliament be empowered to enact further laws governing the appointment, removal and reporting responsibilities of the public prosecutor, including requiring the office to submit an annual report to Parliament.

The Constitution (Amendment) (No 2) Bill 2026, first tabled on Feb 23, seeks to separate the public prosecutor’s office from the AG’s Chambers. The Bill, however, has drawn criticism from lawmakers on both sides of the aisle, who argue that it lacks sufficient parliamentary oversight.

The Bill is now undergoing scrutiny by a special parliamentary committee comprising lawmakers from across the political spectrum after the Dewan Rakyat agreed in March to defer the Bill’s reading.

Azalina said the committee’s recommendations, if adopted by the lower house, would pave the way for Parliament to scrutinise and assess certain appointments.

“Either lawmakers decide to debate it in the House or within the select committee, it is a good step forward,” she noted.

Other key recommendations include having the public prosecutor appointed by the Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission, without involvement of the prime minister or Cabinet, Azalina said.

To further safeguard institutional independence, the committee proposed a fixed seven-year term for the public prosecutor, with no renewal or reappointment.

The committee also recommended the establishment of a specific code of ethics for the public prosecutor, with breaches of the code potentially serving as grounds for removal from office.

Azalina said the recommendations are aimed at creating an independent, professional and accountable public prosecutor’s institution that enjoys public confidence.

She said the recommendations would form the basis for further consideration and debate by lawmakers on the proposed reforms.

As the constitutional amendment requires a two-thirds majority, Azalina said she would be meeting opposition lawmakers to seek their support for the reforms.

While the timeline for re-tabling the Bill in Parliament remains unclear, she said it is likely to be after the Johor election and before the final week of the current sitting, allowing lawmakers to focus on the Bill.

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