Cabinet backs bigger parliamentary role in appointing public prosecutor

KUALA LUMPUR, July 9 — The Cabinet yesterday agreed to proposed amendments by the Committee of the Constitution (Amendment) (No. 2) Bill 2026 to strengthen Parliament’s role in the scrutiny process and recommendations for the appointment of the Public Prosecutor.

The Legal Affairs Division (BHEUU) of the Prime Minister’s Department (JPM) said in a statement last night that the Madani Government’s institutional reform agenda under the amendments aimed to clarify the separation of functions between the Attorney General as legal adviser to the King of Malaysia, the Cabinet or any Minister, and the Public Prosecutor as the party exercising prosecutorial powers.

“The Bill was read for the first time in the Dewan Rakyat on February 23, 2026, and on March 3, 2026, the Dewan Rakyat approved a motion for the Constitution (Amendment) (No. 2) Bill 2026 to be referred to the Special Select Committee on Constitutional Amendments Related to the Separation of Roles of the Attorney General and Public Prosecutor under Standing Order 54(2) and Standing Order 81(1) of the Dewan Rakyat,” the statement said.

The committee, comprising 11 MPs from the Government and the Opposition, held seven meetings to scrutinise the Bill, including setting the terms of reference and examining the parameters for discussions on the draft amendments at the Committee stage.

BHEUU said the Committee Report, including the proposed new amendments, was tabled in the Dewan Rakyat on June 22.

“After considering various views from stakeholders, including Government and Opposition MPs, legal experts and civil society organisations, the Madani Government agreed to amend Clause (18) of Article 145A of the Bill to strengthen the balance between the independence of the Public Prosecutor and institutional accountability,” BHEUU said.

The amendment to Clause (18) of Article 145A takes into account the proposal for candidates’ names to be submitted to the Speaker of the Dewan Rakyat for tabling before the House.

According to the statement, after the candidates are scrutinised by a Select Committee, the Dewan Rakyat will make recommendations to the Judicial and Legal Service Commission (JLSC).

“The JLSC shall then advise the King on the appointment of the Public Prosecutor based on the recommendations of the Select Committee. The amendment will be tabled at the Second Meeting of the Fifth Session of the 15th Parliament on July 13 for debate.

According to the statement, the legal reform is an important step to ensure justice is administered independently, transparently and with integrity, while reflecting Malaysia’s commitment to building a prosecution system trusted by the people and aligned with the world’s best standards.

“BHEUU, JPM records its highest appreciation to the Prime Minister, Minister in the Prime Minister’s Department (Law and Institutional Reform), Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform), Cabinet members, as well as the Attorney General and his team for their support, views and recommendations in strengthening the amendments to this Bill,” the statement said. — Bernama