Govt to decide on A-G, prosecutor split before next GE

New Straits Times

22-05-2025

KUALA LUMPUR: The government aims to finalise the direction for the proposed separation of the roles of the Attorney-General (AG) and the public prosecutor before the next general election.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said that empirical studies were still underway, drawing on the practices of other countries.
"The government is assessing whether prosecutors should focus exclusively on prosecution duties, without other responsibilities. This is still a point of debate, but the study is ongoing.
"I hope that by the time of the next general election, we will have decided on the direction the Madani government intends to take regarding the separation of the A-G's role as prosecutor and legal adviser to the government," she said during a town hall session at Universiti Malaya, which marked the launch of the AI Legal Justice Roadmap 2025–2026 and the Institutional Reform Map Microsite (PetaRI).
Azalina said that currently the A-GC undertook a variety of roles, including advisory, civil, and Shariah matters.
"The Madani government is conducting an empirical study, comparing practices in other countries, to determine whether prosecutors in Malaysia should be exclusively dedicated to prosecution. If the government supports this policy, parliamentarians will then decide whether to proceed with it," she said.
Acknowledging that this issue was particularly sensitive, especially regarding the immunity element associated with the role of prosecutors, she said: "In some countries, such as the United States, prosecutors or the A-Gs are elected, whereas in Malaysia, they are appointed. The role and function of prosecutors carry immense responsibility, and this must be carefully considered as part of the ongoing review.
Separately, during a press conference, Azalina said that once the empirical study was completed, the proposal would be presented to several committees, including the technical committee.
Following this, it would be taken to the policy level and then to cabinet for a decision.
"This is not a straightforward process, as the study must go through several stages," she said.
Azalina also said that discussions were ongoing, with consideration given to the fact that Sabah and Sarawak held prosecution powers in certain areas.
"We need to approach the separation of roles comprehensively. From my observation, part of the current issue lies with the A-GC, especially in terms of its advisory role and other functions," she added.
On March 13, Azalina said that Malaysia was in the final phase of its empirical study on the proposed separation of the A-G and Public Prosecutor roles, following similar visits to Canada and Australia in the previous year.