Report on separate roles for AG, solicitor-general ready by year end
PARLIAMENT | The cabinet is set to receive the final report on a proposal to separate the roles of the attorney-general and the solicitor-general, according to Minister in the Prime Minister’s Department Takiyuddin Hassan.
The de facto law minister said the proposal which involved an amendment to Article 145 of the Federal Constitution is currently being finalised by the Attorney-General's Chambers and is set to be presented by the year end.
"The initiative to separate the roles of the solicitor-general from the attorney-general is a strategy under the 11th Malaysia Plan mid-term review and...
PARLIAMENT | The cabinet is set to receive the final report on a proposal to separate the roles of the attorney-general and the solicitor-general, according to Minister in the Prime Minister’s Department Takiyuddin Hassan.
The de facto law minister said the proposal which involved an amendment to Article 145 of the Federal Constitution is currently being finalised by the Attorney-General's Chambers and is set to be presented by the year end.
"The initiative to separate the roles of the solicitor-general from the attorney-general is a strategy under the 11th Malaysia Plan mid-term review and the National Anti-Corruption Plan.
"This initiative has been continued under policies of the current government," he said in response to Khalid Samad (Harapan-Shah Alam) at the Dewan Rakyat today.
Takiyuddin reminded Khalid that the initiative was introduced as part of Pakatan Harapan's institutional reform promise but it was not fulfilled during their time in power.
He cited then prime minister Dr Mahathir Mohamad's response in the Dewan Rakyat that Harapan did not have a two-thirds parliamentary majority needed to pass a constitutional amendment including on Article 145.
“But something good like this doesn’t need the government to hold a two-thirds majority," said Takiyuddin, citing Muar MP Syed Saddiq Syed Abdul Rahman's success to secure bipartisan support in lowering the voting age to 18.
Khalid in response reassured that Harapan will support any move to amend the constitution in order to separate roles of the attorney-general and the solicitor-general.
In a statement this evening, the Malaysian Bar Council welcomed Putrajaya's move as the separation of powers between the AG and public prosecutor was said to be "absolutely crucial in a democracy like Malaysia".
"Currently, the roles of both the AG and the public prosecutor are fused. It is the role of the AG to act as a legal adviser to the government, and the public prosecutor has the duty to prosecute criminal matters," said Malaysian Bar president Salim Bashir (photo).
"We feel that it is imperative that an AG be impartial and accountable to the rakyat.
"It is our stance that the functions of the AG must be separate from that of a public prosecutor to ensure checks and balances in prosecutorial decisions.
The Bar urged for Putrajaya's decision to amend Article 145 of the Constitution to be implemented quickly.
"We call on members of Parliament from both sides to support this decision wholeheartedly for the benefit of our country," he said.
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