Constitutional Amendment On AG, PP Separation Of Powers To Be Tabled Next Year - Azalina

KUALA LUMPUR, Oct 6 (Bernama) -- A constitutional amendment on the separation of powers between the Attorney General (AG) and Public Prosecutor (PP) to ensure the legal validity of this institutional reform is scheduled to be tabled next year.

Minister in the Prime Minister's Department (Law and Institutional Reform), Datuk Seri Azalina Othman Said, said this follows a Cabinet decision in principle on Sept 10 to adopt a full separation model, with the two roles being held by separate, equal-ranking individuals.

"The next step in realising this reform is, first and foremost, to amend the Constitution. This will provide the legal authority... to lawfully implement the separation of the roles and powers of the AG and the PP.

"We intend to table the Federal Constitution Bill next year," she answered Datuk Seri Takiyuddin Hassan (PN-Kota Bharu), who had asked for an update on the separation of powers proposal in the Dewan Rakyat today. 

Once the amendment is passed, Azalina explained that the government will table a Remuneration Bill to establish the Public Prosecutor’s salary and allowance structure, and an omnibus Bill to amend various laws related to prosecutorial functions.

She added that, concurrently, more than 20 statutes will need to be amended to ensure the full implementation of this separation of powers, among others, the Penal Code, Criminal Procedure Code, Evidence Act, Immigration Act and Judicial Appointments Commission Act.

Responding to a supplementary question from Takiyuddin on whether the AG would become part of the administration after the separation, Azalina said the matter is subject to a policy decision by the Cabinet.

She clarified that the question was whether the government wants the AG in Parliament, which would require them to be a sitting member of parliament or senator.

Azalina also emphasised that the government has conducted comparative studies of the systems in Canada, Australia and the United Kingdom to examine best practices and safeguard prosecutorial independence after the separation.

She said a special task force has also carried out comparative, doctrinal and socio-legal research to form the foundation for implementing this major reform comprehensively and transparently.

"We are aware that many NGOs within the country have highlighted that the crucial roles would undoubtedly involve financial matters, payments, promotions, and ensuring that appointments and dismissals are carried out with genuine independence," she said.

-- BERNAMA