PRESS STATEMENT
12 SEPTEMBER 2025
The Center to Combat Corruption and Cronyism (C4 Center) welcomes the decision of the government to finally undertake the separation of the offices of the Attorney General (AG) and Public Prosecutor (PP). However, the government must develop this reform with due regard for the inadequacies and failures in the present system to avoid repeating past mistakes.
Under the current framework, the AG – who is appointed directly on the Prime Minister’s advice – holds the role of the PP ex officio. The AG is constitutionally granted almost absolute discretion to initiate, conduct, and discontinue criminal proceedings. This creates a significant risk of executive interference in the decision-making process for prosecutions, which we have seen previously when AG Abdul Gani Patail was removed under Najib Razak’s administration when he was involved in a special task force probing allegations surrounding the 1MDB scandal.
Details on the separation itself are scarce at this point, with the government having acknowledged that constitutional amendments shall be made and relevant laws passed to ensure the parity of these two new “equal” positions. However, we hope the government recognises that there are fundamental differences between them.
Without prosecutorial powers, the AG shall continue its role as the government’s legal adviser and should therefore be aligned with the government of the day. Ultimately, this role is quasi-ministerial in nature – there is no issue if this position is filled according to the Prime Minister’s discretion.
However, a prosecuting authority must not serve the government of the day. It must serve the public interest, the constitution, and the demands of justice. These matters supersede political ebbs and flows. It is for this reason that the new PP office must not also be appointed according to the Prime Minister’s discretion. The most crucial element for this reform to be meaningful is the independence of the PP from the executive. The PP must be immune from the risk of executive interference in the execution of their duties to ensure all prosecutions are conducted in the interest of justice.
There are three urgent considerations for the PP’s office here:
- The selection and appointment process must be open and transparent. There must be statutorily defined criteria for appointment, open calls for applications, and a transparent process of consideration through a parliamentary select committee;
- Remuneration and other terms of office must be guaranteed under law and charged on the Consolidated Fund to avoid the risk of spurious budgetary cuts at the discretion of the government, similar to judges under Article 125 of the Federal Constitution; and
- Security of tenure must be protected, and any removal must be subject to clearly defined criteria and a transparent hearing by an independent tribunal where the PP is given a right to defend themselves.
Without these elements, this reform will do nothing to rebuild public trust in our ailing criminal justice system. There is no point in recreating the same inadequate frameworks after years of demands for change. In order to ensure this reform proposal is developed in a progressive and holistic manner, the government must also ensure meaningful consultations are conducted with all relevant stakeholders, including academics and civil society.
Therefore, C4 Center calls on the government to ensure that the draft amendments for this reform are shared to the public as soon as possible, and that sufficient time is given to collect and incorporate feedback for impactful reform.
END OF STATEMENT
Issued by:
Center to Combat Corruption & Cronyism (C4 Center)
For further enquiries, please contact:
019-216 6218
