In Malaysia, the roles of the Attorney General (AG) and Public Prosecutor (PP) are one and the same. While the AG acts as a legal advisor to the government, the PP requires impartiality in performing their role in prosecution. This may cause conflicts in the exercise of justice, especially where government interests do not coincide with public interest.
For this separation to occur, legal amendments must be made to redefine the roles of the AG and PP. The changes would be for Article 145(3) of the Federal Constitution, Section 376(1) of the Criminal Procedure Code, and the definition of ‘Public Prosecutor’ under the Interpretations Act 1948 and 1967. To achieve this, pressure must be placed on our parliamentarians to pass these amendments.
April 25, 2022 The Malaysian Bar is appalled with the turn of events that the Malaysian Anti-Corruption Commission (“MACC”) had commenced an investigation into Datuk Mohd Nazlan Mohd Ghazali, JCA (“Datuk Nazlan”). It is not apparent to the public who lodged the report, or when such a report was lodged. What is obvious to the […]
October 27, 2021 THE proposed amendments on the separation of powers between the Public Prosecutor’s Office and the Attorney General’s Chambers (AGC) as well as making the AG accountable to Parliament have not been finalised yet, says Datuk Seri Dr Wan Junaidi Tuanku Jaafar. The Minister in the Prime Minister’s Department (Parliament and Law) said […]
February 2, 2021 (PN) This was a response to the alleged executive interference during Dr Mahathir Mohamad’s administration on the former AG, Tommy Thomas. Thomas in his memoir claimed Mahathir informed him to avoid any open court proceedings in attempts to extradite controversial preacher Dr Zakir Naik. Related news: Separate roles of AG, public prosecutor, […]
March 26, 2019 (PH) Minister in the Prime Minister’s Department Datuk Liew Vui Keong said a working committee had been formed by Attorney-General’s Chambers to prepare a report on the study and to submit its recommendations for the Cabinet’s consideration. Related news: Report on separation of powers between A-G and public prosecutor ready soon
November 21, 2018 (PH) Prime Minister Tun Dr Mahathir Mohamad said the government needs a two-third majority in the Dewan Rakyat for the separation of powers between the Public Prosecutor’s Office and the Attorney-General’s Chambers to be carried out. Related news: Separation of powers between AG and public prosecutors postponed for now
October 24, 2018 (PH) Deputy Minister in Prime Minister’s Department Mohamed Hanipa Maidin said the government has not set a firm deadline to separate the role of Public Prosecutor from the Attorney General. Related news: ‘No fixed time frame to separate AG’s dual role’