COMMENT | Cabinet, Parliament must ensure independent, credible, responsible PP

COMMENT | We call upon the cabinet and the Dewan Rakyat to ensure the Constitution (Amendment) Bill (No 2) 2026 (the bill) will produce an independent, responsible and credible public prosecutor (PP).

Any shortcomings in the draft amendments proposed by the Dewan Rakyat special select committee on the bill, which have not been published or made available for public input, should be closely reviewed and refined before or during the upcoming Dewan Rakyat meeting.

On 3 March 2026, the bill was presented to the Dewan Rakyat and, upon its second reading, was referred to a Parliamentary Special Select Committee (PSSC) for further deliberation.

The PSSC conducted several hearings and received written and oral representations from stakeholders, including civil society organisations.

The undersigned civil society organisations submitted our recommendations to the PSSC in the course of its hearings. The positions and recommendations set out in this statement are consistent with and reflect our submissions.

We understand that the PSSC has finalised its findings and conclusions in a report, together with a set of proposed amendments to the bill.

As of the date of this statement, neither the report nor the proposed amendments have been made publicly available.

1) Transparency, adequate time for parliamentary deliberation 

The integrity of the parliamentary process demands that MPs have full access to and sufficient time to review the PSSC’s report and the proposed amendments before being asked to debate and vote on them.

It is untenable for Parliament to enact constitutional amendments of this significance without MPs having had a genuine and meaningful opportunity to study the relevant materials.

We therefore call for the following:

a) The PSSC must immediately share its report and the proposed amendments with all MPs, allowing them sufficient time to review, understand, and analyse the materials before any debate or vote is conducted.

b) Should the Dewan Rakyat speaker take the position that early disclosure is prohibited under the Standing Orders, the continued debate on the bill must not be rushed when the Dewan Rakyat reconvenes on June 22, 2026.

Instead, the report and the proposed amendments should first be formally laid before the Dewan Rakyat, and any resumed debate on the bill should be deferred to such time when MPs and members of the public have had adequate opportunity to review the papers.

2) Bill must ensure meaningful accountability

The purpose of this bill is to improve, not replicate or worsen, the existing arrangements for the appointment of the head of the prosecutorial service.

An independent PP can only be secured if the appointment process itself is transparent, accountable, and free from the risk of undue influence.

For the PP and any key public agency to be credibly independent, their appointment must entail accountability.

If the PP’s conduct raises controversy, those who had evaluated and recommended his/her appointment must be answerable to the public and must be able to be held politically accountable.

The status quo of leaving the recommendation power in the hands of the prime minister is flawed, not because it is political, but because this political responsibility is monopolised by one person.

We are particularly concerned that vesting overriding responsibility for the appointment in the Yang di-Pertuan Agong risks exposing the constitutional monarchy to public criticism should the appointed PP later prove unsuitable or incompetent, or abuse the powers of the office.

This would be deeply undesirable and could precipitate a constitutional crisis.

To safeguard the institution of the constitutional monarch and to ensure that genuine accountability is built into the appointment process, we urge that the following three elements be included in the bill.

a) Appointment on advice

The constitutional amendment must expressly state that in appointing the PP, the Agong shall or must act on the advice of a body such as the Judicial and Legal Service Commission (JLSC).

Where the king is constitutionally required to act on the advice of another entity, accountability for that appointment rests with the advising body rather than the constitutional monarch.

It is therefore essential that the amendments make clear that the appointment of the PP by the Agong is made pursuant to and subject to Article 40(1A) of the Federal Constitution.

b) Substantive parliamentary role

The constitutional amendment must expressly confer upon the Dewan Rakyat a substantive and meaningful role in the appointment process, so that Parliament too can be held answerable and accountable for the outcome.

Specifically, the Dewan Rakyat must be formally informed of the candidates proposed by the JLSC through the laying (tabling) of the names before the Dewan Rakyat, and a select committee must have the power to recommend or disrecommend any of those candidates - all before the JLSC transmits its advice to the Agong.

A parliamentary role that is purely ceremonial would be wholly inadequate and give the appearance that Parliament is weak or powerless.

c) Public disclosure of candidates

The names of the candidates for appointment as PP must be made public when they are presented to the Dewan Rakyat. Transparency and accountability are inseparable.

Public disclosure is also an important safeguard against the risk of any parliamentary majority or group of MPs seeking to exert undue influence over the candidates.

Both the names of the candidates and the final recommendations of the select committee must be disclosed openly.

3) Government must commit to an Enabling Act

Constitutional amendments alone will be insufficient to operationalise the new appointment framework and the functions and obligations of the new PP and prosecutorial service.

An Enabling Act and corresponding amendments to the Standing Order (where necessary) will be necessary to translate constitutional provisions into workable rules and procedures.

We call on the government to publicly disclose and consult stakeholders on the intended contents of the Enabling Act and a clear timeline for its enactment.

At minimum, the Enabling Act should address:

• The composition, mandate, and operating procedures of the JLSC in its role advising on the appointment of the PP;

• The process by which candidate names are submitted to, reviewed by, and reported upon by the Dewan Rakyat via PSSC;

• The criteria and qualifications to be applied in assessing candidates for the office of the PP; 

• The mechanisms for public disclosure of candidates and select committee recommendations;

• The roles, powers and functions of the PP and prosecutorial service;

• Parliamentary oversight mechanisms and parameters; and

• Prosecutorial code of conduct and guidelines, including charging and discontinuance of prosecution guidelines and ethical principles.

The Enabling Act should ideally be tabled and enacted concurrently with the bill, or at the very latest within a clearly defined and short timeframe and before the constitutional amendments under the bill come into effect.

Parliament should not pass the constitutional amendments in the absence of a credible commitment from the government on this.

4) PP annual report

The constitutional provision should be worded in such a way that the annual report of the PP must be laid before (not just sent or transmitted) and debated in Parliament.

Our call

We urge the cabinet, on its meeting on June 5, and MPs, when the bill is debated and voted for the second reading, to be mindful that the separation of the roles of the attorney-general and the PP and the creation of an independent, responsible and credible PP office is a reform of lasting constitutional significance and a legacy for which they will be remembered.

The appointment of the first PP under the new amendments is likely to serve as a precedent for future appointments and must be done carefully, transparently, and inclusively.

We therefore call on MPs to use the upcoming sitting of the Dewan Rakyat as an opportunity to carefully review the PSSC’s report and recommendations, to include further improvements as laid down in this statement, and to work in parallel towards the enactment of an Enabling Act and the necessary amendments to the Standing Orders.

A constitutional reform that is rushed and inadequately deliberated may bring about grave unintended consequences and risks being worse than no reform at all.

The people of Malaysia, and the integrity of our constitutional institutions, deserve better.

Signed by:

1. Gabungan Pilihan Raya Bersih dan Adil (Bersih)
2. Ideas Malaysia
3. Rasuah Busters
4. Projek Sama
5. Center to Combat Corruption and Cronyism (C4)

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

'PM term limit, AG-PP reforms at risk after Rafizi-Nik Nazmi vacated seats'

SNAPSHOT | Mandiri issues RM10m legal threat to PM's aide; Johor BN Youth: Normal to contest all seats

SNAPSHOT | Ampang PKR wants Rodziah to vacate seat; revised AG-PP separation bill to be tabled in June

Projek Sama launches watchdog database tracking political corruption cases

Researcher warns of accountability gap in Agong's proposed PP appointment powers

COMMENT | Will AG-PP split stop political interference in prosecutions?