G25 welcomes the government’s decision to separate the roles of the attorney general and the public prosecutor – a move that has long been called for to strengthen the independence, integrity and credibility of Malaysia’s justice system.
For many years, G25, through our statements and reports, has consistently called for reforms to resolve the conflict of interest inherent in the current arrangement, where the attorney general serves both as legal advisor to the government and as public prosecutor.
The concentration of these powers in a single office has long raised concerns about political influence, accountability and public confidence in the rule of law.
Our position was, and remains, that the Federal Constitution should be amended – specifically Article 145 of the Federal Constitution and Section 376 of the Criminal Procedure Code, among other relevant provisions – to clearly delineate the separate roles of the attorney general as the government’s legal advisor and the public prosecutor as the independent authority on prosecutions.
Furthermore, the appointments of both the attorney general and the public prosecutor must be entrusted to an independent commission and formalised through the Agong, rather than being solely within the discretion of the prime minister.
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Both offices should also be secured by constitutional guarantees of tenure, and with removal procedures aligned with those of Federal Court judges, so that they can discharge their duties without fear or favour.
Beyond this, it is equally important to strengthen the wider system of justice. Judicial and legal officers should be placed under distinct services to ensure impartiality and professionalism.
The Judicial Appointments Commission should be made more representative, including voices from the Bar and academia, to reinforce the independence of judicial appointments and promotions.
Based on what we have heard of the plans the government intends to make, we are hopeful that all aspects of this reform will be considered to ensure that this will be a reform of substance and true separation.
Pending the drafting of the relevant bills and the legal amendments required, interim administrative measures should be made to immediately address the concerns that these reforms seek to address.
For instance, interim steps could include reinstating the solicitor general as the de facto public prosecutor and establishing a review panel to oversee prosecutorial decisions.
All these reforms, such as:
- removing the prosecutorial function of the attorney general and creating an independent office of the public prosecutor
- revamping the Judicial Appointments Commission Act as a safeguard to ensure that the judiciary is free from political interference
- and strengthening the independence of judicial and legal services
are not new proposals. They have been discussed for years by civil society, the legal community and G25. They remain essential to building a modern justice system worthy of public trust.
The government’s current initiative to separate the roles of the attorney general and public prosecutor therefore represents not just an overdue reform, but the fulfilment of a recommendation that has been advocated for by G25 and many others in civil society.
It is a positive step forward for the “Madani” (trustworthy) government. By undertaking these reforms, the government will also prove that Madani is not only a guiding philosophy in social and economic policy but also a serious commitment to the strengthening of our institutions and to good governance.
As Asean chair this year, Malaysia has an even greater responsibility to show leadership in advancing institutional integrity and judicial independence.
By enshrining these reforms in our constitutional framework, Malaysia can set a benchmark for the region, proving that democracy, accountability and the rule of law are not just ideals but practical foundations for our country’s stability.
We urge the government to implement these reforms swiftly and with careful attention to the enabling legislation, so that the new office of the public prosecutor is endowed with genuine independence, secure tenure, transparent appointment processes and adequate resources.
This is not merely a structural adjustment but a transformative change that will protect the rule of law, combat corruption more effectively, and enhance Malaysia’s democratic institutions.
We, G25, support the government in this reform and reiterate our call for wider institutional changes to ensure that Malaysia’s system of governance truly reflects the principles of accountability, transparency and justice. – G25
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
