University of Wisconsin–Madison

Malaysia: Public Prosecutor Appointment Under Separation Reform Bill Raises Concern

The Malaysian Bar has welcomed the government’s move to separate the offices of the Attorney General and Public Prosecutor—a long-standing institutional reform aimed at strengthening the rule of law and prosecutorial independence—but cautioned that the proposed constitutional amendments may fall short without stronger safeguards and supporting legislation. Bar President Anand Raj stressed that the powerful Public Prosecutor’s office must remain free from political influence, and the Bar argued that the appointment should be made through constitutional advice under Article 40(1A) of the Federal Constitution, similar to the process for judges and the Attorney General, with meaningful transparency and scrutiny. The concerns come as the Constitution (Amendment) (No. 2) Bill 2026 is expected to be retabled in Parliament later this month after review by a Parliamentary Special Select Committee, with the Bar urging that lawmakers be given adequate time to debate it and calling for comprehensive enabling legislation—such as a proposed Office of the Public Prosecutor Act—to define the office’s powers, ethical standards, and accountability mechanisms. Warning that rushing the reforms without adequate protections could produce an outcome “worse than the status quo,” the Bar urged Parliament to make the separation substantive rather than a symbolic exercise designed merely to achieve a political milestone.

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