The Malaysian Bar has welcomed the government’s move to separate the offices of the Attorney General (AG) and Public Prosecutor (PP), but cautioned that the proposed constitutional amendments may fall short of delivering genuine prosecutorial independence without stronger safeguards and supporting legislation.
In a statement, Malaysian Bar President Anand Raj said the separation of the AG and PP roles is a long-standing institutional reform aimed at strengthening the rule of law, enhancing prosecutorial independence and restoring public confidence in the administration of justice.
However, he stressed that the office of the Public Prosecutor, which wields significant powers affecting individual liberties and the justice system, must remain free from political influence.
The concerns come as the Constitution (Amendment) (No. 2) Bill 2026 is expected to be retabled in Parliament later this month after undergoing scrutiny by a Parliamentary Special Select Committee (PSSC).
The Bar said lawmakers should be given sufficient time to thoroughly review, analyse and debate the proposed amendments before voting on legislation that could shape Malaysia’s legal and institutional framework for decades.
While supporting the reform in principle, the Bar expressed reservations over the proposed mechanism for appointing the Public Prosecutor.
It argued that, given the importance and powers of the office, the appointment should be made through constitutional advice under Article 40(1A) of the Federal Constitution, similar to the process used for appointing judges and the Attorney General.
“The process by which the holder of that office is identified, assessed and appointed must be accompanied by meaningful safeguards and scrutiny,” the Bar said, adding that transparency is critical to ensuring the credibility and legitimacy of the office.
The Bar also emphasised that constitutional amendments alone would be insufficient to fully implement the separation.
It called for the introduction of comprehensive enabling legislation, including a proposed Office of the Public Prosecutor Act (OPPA), to define the powers, responsibilities and accountability mechanisms of the new office.
Among the provisions the Bar believes should be included are qualification requirements, ethical standards, reporting obligations, limits on prosecutorial discretion to discontinue criminal proceedings, and institutional safeguards to preserve independence.
The legal body warned against rushing through reforms without adequate protections, saying such an approach could result in an outcome that is “worse than the status quo”.
It urged Parliament to ensure that the reform is substantive rather than symbolic, describing the separation exercise as a rare opportunity to strengthen public institutions, reinforce the administration of justice and deepen confidence in the rule of law.
“The separation of the offices of the AG and PP presents a rare opportunity to strengthen public institutions, reinforce the administration of justice, and deepen public confidence in the rule of law,” the statement said.
The Malaysian Bar added that the reform must be meaningful and not merely a procedural exercise designed to achieve a political milestone.
