Bill on Separation of AG and Public Prosecutor Roles Still Has Weaknesses – Bersih, Ideas

KUALA LUMPUR – The amendments to the Constitution (Amendment) (No.2) Bill 2026 still have several key weaknesses, particularly concerning Parliament’s involvement in the appointment process as well as oversight of the Public Prosecutor.

The Coalition for Clean and Fair Elections (Bersih) and the Institute for Democracy and Economic Affairs (Ideas) informed that although the proposed separation of the roles of the Attorney General and the Public Prosecutor is a positive step, several important aspects of the Bill still need to be strengthened.

According to both organisations, among the weaknesses identified is the role of Parliament in the appointment of the Public Prosecutor, which is deemed still unclear and does not provide a truly meaningful function.

“The proposed amendments also do not make it clear whether they refer to the Dewan Rakyat or the Dewan Negara.

“In the proposed Bill amendments, Parliament can only provide comments without any provision that allows Parliament to recommend or not recommend a candidate for Public Prosecutor to the Judicial and Legal Service Commission (SPKP),” according to a joint statement issued on Thursday.

Bersih and Ideas are of the view that the Constitution needs to detail the power of the Dewan Rakyat to establish a special committee to examine as well as recommend or not recommend a candidate for Public Prosecutor before the candidate’s name is resubmitted to the SPKP for appointment by the Yang di-Pertuan Agong.

According to the statement, clear provisions are important to enable Parliament to formulate mechanisms related to the appointment, dismissal and reporting of the Public Prosecutor.

The statement clarified that the proposal to require the Public Prosecutor to submit an annual report to Parliament is still insufficient to ensure that the checks and balances function can be carried out effectively.

“The annual report should not be limited to administrative, management and financial aspects only, but must also encompass policies and prosecution decisions that are of public interest.

“Parliamentary oversight must extend to scrutinising the policies adopted by the Public Prosecutor as well as the alignment of prosecution decisions with established guidelines or ethics, especially in matters involving DNA, DNAA and NFA,” according to the statement.

At the same time, Bersih and Ideas welcomed the recommendation by the Parliamentary Special Select Committee (JKPK) for the SPKP to be given the power to advise the Yang di-Pertuan Agong on the appointment of the Public Prosecutor.

The statement added that the proposal is in line with their previous suggestions to ensure that the institution of the Yang di-Pertuan Agong continues to be protected from any political disputes related to the decisions or performance of the Public Prosecutor.

Accordingly, Bersih and Ideas expressed their readiness to support the Bill on the condition that Parliament’s involvement is strengthened more substantively to guarantee the transparency, accountability and independence of the Public Prosecutor’s institution from any political influence.

Sinar Harian