Government defers AG-Public Prosecutor separation Bill for further consultation with Conference of Rulers
KUALA LUMPUR: The government has postponed the second reading of the Constitution (Amendment) (No. 2) Bill 2026, which seeks to separate the constitutional roles of the Attorney-General and the Public Prosecutor, to allow the proposed reforms to be presented to the Conference of Rulers before parliamentary debate resumes.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said announced the postponement in the Dewan Rakyat after tabling the report of the Parliamentary Special Select Committee on the proposed constitutional amendments.
Invoking Standing Order 62 of the Dewan Rakyat, Azalina said the government considered it appropriate to first seek the views of the Conference of Rulers as part of the constitutional reform process.
She described the move as a demonstration of the government’s highest respect for Malaysia’s constitutional monarchy while ensuring that amendments involving key constitutional institutions proceed in an orderly, transparent and constitutionally appropriate manner.
Prior to announcing the postponement, Azalina presented the committee’s report, outlining several refinements that had been agreed upon following extensive consultation involving Members of Parliament, legal experts and civil society organisations.
Among the key changes endorsed by the Cabinet is a further amendment to Clause 18 of Article 145A, aimed at strengthening Parliament’s oversight role in the appointment of the Public Prosecutor.
Under the revised proposal, the candidate nominated for the position must first be submitted to the Speaker of the Dewan Rakyat before being referred to a Parliamentary Select Committee for scrutiny and evaluation.
Only after completing the parliamentary review process would the committee submit its recommendation to the Judicial and Legal Service Commission (SPKP), which would then advise on the appointment.
Azalina said the latest amendment reflects the Madani Government’s willingness to refine the legislation by incorporating constructive proposals received throughout the consultation process.
She also acknowledged views expressed by civil society groups that the reforms should be viewed as an advancement of the rule of law rather than a political victory for any particular party.
According to her, the government shares that perspective and remains committed to implementing institutional reforms that strengthen accountability, transparency and public confidence in Malaysia’s legal system.
The bipartisan Parliamentary Special Select Committee, comprising 12 Members of Parliament, submitted seven major recommendations after conducting seven meetings since its establishment in March.
Among its principal proposals is that the Public Prosecutor should be appointed by the Yang di-Pertuan Agong based solely on the advice of the Judicial and Legal Service Commission, without requiring the advice of the Prime Minister or the Cabinet.
The committee also recommended limiting the Public Prosecutor’s tenure to a single seven-year term without the possibility of reappointment in order to reinforce institutional independence.
Other recommendations include requiring the Public Prosecutor to table an annual report before Parliament, introducing a dedicated code of ethics governing the office, and establishing ethical misconduct as one of the grounds for removal from office.
Azalina said the committee’s recommendations were developed following extensive engagement with legal practitioners, constitutional experts, stakeholders and civil society organisations to ensure that the proposed reforms reflect international best practices while remaining consistent with Malaysia’s constitutional framework.
The Bill is expected to return for its second reading during the next Dewan Rakyat sitting after the proposed amendments have been presented to the Conference of Rulers.
