Latest news with #separationofpowers
Malay Mail
2 days ago
- General
- Malay Mail
Can a PM be sued? High Court to rule on Anwar's immunity bid tomorrow
KUALA LUMPUR, June 3 — The High Court here today set tomorrow for its decision on an application by Datuk Seri Anwar Ibrahim to refer eight legal questions to the Federal Court, including whether a Prime Minister enjoys immunity from lawsuits. The legal questions relate to a lawsuit filed by Anwar's former research assistant, Muhammed Yusoff Rawther, concerning an alleged sexual assault seven years ago. Judge Roz Mawar Rozain fixed the date after hearing submissions from lawyer Alan Wong Teck Wei, representing Anwar, and lawyer Muhammad Rafique Rashid Ali, acting for Muhammed Yusoff, during in-chamber proceedings today. Anwar filed the application on May 23, seeking to have the High Court, which is hearing the suit, refer the eight legal questions to the Federal Court. The eight legal questions include whether, under Articles 39, 40 and 43 of the Federal Constitution, a sitting Prime Minister enjoys limited immunity from lawsuits concerning allegations of personal conduct that occurred before his appointment. According to a supporting affidavit for the application, lawyer Datuk Megat Abdul Munir Megat Abdullah Rafaie, who is authorised to represent the defendant (Anwar), said that if the suit were to proceed, it would affect Anwar's ability to effectively perform his executive functions and undermine the doctrine of separation of powers enshrined in the Constitution. 'The plaintiff's (Muhammed Yusoff's) claim is politically motivated and, if not examined constitutionally at an early stage, could erode public confidence, diminish the dignity of the constitutional office, and disrupt the executive's ability to perform its constitutional duties,' Megat Abdul Munir said in the affidavit. Megat Abdul Munir further stated that if the court intends to refer these constitutional questions to the Federal Court as a special case, it would be appropriate for the suit's proceedings to be stayed pending the Federal Court's determination of these questions. Muhammed Yusoff filed the suit on July 14, 2021, and Anwar, in his statement of defence, contended that Muhammed Yusoff had lied under oath to the authorities regarding the alleged sexual assault incident. The PKR President, who filed a counterclaim on September 28, 2021, alleged that Muhammed Yusoff had fabricated the story about the sexual assault to tarnish his political career and prevent him from becoming prime minister. The High Court last year set June 16 to 19 and June 23 to 25, 2025, for the hearing of the lawsuit. — Bernama
Malay Mail
27-05-2025
- Politics
- Malay Mail
Why wait on separating offices of AG and PP — Hafiz Hassan
MAY 27 — Speaking at the launching ceremony of the AI Legal Justice Roadmap 2025-2026 & Peta Reformasi Institusi (PetaRI) on Thursday (May 22), Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the government was still studying and evaluating the proposed separation of the roles of the Attorney General (AG) and Public Prosecutor (PP). Let's quickly recall what has been said about separating the offices of the AG and PP. In December last year, Prime Minister Anwar Ibrahim said in a special media conference that the Cabinet draft paper on the separation of powers between the AG and the PP was expected to be ready by the middle of this year. The prime minister further said that the proposed division of functions between the AG and PP had been accepted by the Cabinet, and a minister had been assigned to lead a task force to oversee the matter. About two weeks earlier, Azalina's deputy, M Kulasegaran had told Parliament that the government was targeting to separate the offices 'at the very least' by this year, with the Cabinet having agreed in August 2023 to commission an empirical study first, to be followed with an interim report which should be ready by March this year. 'We have the two-thirds (majority) and we can amend Article 145 (of the Federal Constitution), it's not a problem. But the empirical study must be done because to bring change it's usually easier said than done,' Kulasegaran said when replying to Teresa Kok (PH-Seputeh). Attorney General of Malaysia Datuk Mohd Dusuki Mokhtar gives a thumb up ahead of a hearing in the Federal Court, Putrajaya March 24, 2025. — Picture by Choo Choy May Azalina herself had told the Special Chamber session in Parliament in June 2024 that the first phase of the empirical study would conclude after the research by the Special Task Force on Comparative Studies in the United Kingdom (UK) was completed. Azalina had said that the UK was the last country where Malaysia conducted an empirical study based on evidence-based research, after Canada and Australia. The empirical studies in Canada and in Australia were done from May 5 to 10 and from June 2 to 6 respectively. So it is mind boggling that Azalina should say last week that the government was still conducting the study while hoping that a decision on the separation of the offices would be able to be made before the next general election. More so when it was also disclosed that the study was conducted in collaboration with Universiti Malaya involving stakeholders which included the general public, law enforcement agencies, experts, and state governments. I had suggested in September 2023 that the Federal Constitution be amended by adding Article 145A for the appointment of a Director of Public Prosecution or simply Public Prosecutor with consequential amendments to Article 145 (on Attorney General). The government has two-thirds majority in Parliament to effect amendments to the Federal Constitution, as duly acknowledged by Kulasegaran. In any case, any proposed amendments to the Federal Constitution to create a separate office of a Public Prosecutor should receive bi-partisan support like the constitutional amendments on anti-party hopping (Article 49A). The proposed Article 145A (on Public Prosecutor) can read as follows: (1) The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Public Prosecutor for the Federation. (2) It shall be the duty of the Public Prosecutor to discharge the functions conferred on him by or under this Constitution or any other written law. (3) The Public Prosecutor shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial. (4) Federal law may confer on the Public Prosecutor power to determine the courts in which or the venue at which any proceedings which he has power under Clause (2) to institute shall be instituted or to which such proceedings shall be transferred. (5) In the performance of his duties the Public Prosecutor shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in any proceedings for an offence in the Federation. (6) The Public Prosecutor shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and shall receive such remuneration as the Yang di-Pertuan Agong may determine. * This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
Washington Post
23-05-2025
- Business
- Washington Post
Judge strikes down Trump's order targeting Jenner & Block law firm
A federal judge on Friday struck down President Donald Trump's executive order sanctioning the law firm Jenner & Block, the second time a court has struck down one of Trump's efforts to punish a firm. U.S. District Judge John D. Bates wrote that Trump's order was unconstitutional, saying the president was trying 'to chill legal representation the administration doesn't like, thereby insulating the Executive Branch from the judicial check fundamental to the separation of powers.'
