Cabinet agrees on 'full separation' of AG and prosecutor's roles - Fahmi

The cabinet has agreed to fully separate the powers of the attorney-general and public prosecutor through amendments to the Federal Constitution.

This came after two years of study and a cabinet review of several models to divide the roles.

During the weekly post-cabinet press conference in Putrajaya today, government spokesperson Fahmi Fadzil said the government agreed in principle to the process, following Minister in the Prime Minister's Department (Law and Institutional Reform) Azalina Othman Said’s presentation.

"After thorough consideration, the cabinet decided to implement a full separation, where both positions will be established independently and on equal footing in the Federal Constitution.

"This decision was made after reviewing the final report and direction prepared by the special task force chaired by the minister," the communications minister added.

In a statement, Azalina's office said the separation will be enforced through constitutional amendments.

"Specifically, Articles 145, 183 and 42 will be drafted separately to establish the position of an independent public prosecutor.

In addition, a Law Reform (Public Prosecutor) Bill will be drafted in an omnibus manner to amend the Criminal Procedure Code and 18 other related Acts.

"At the same time, a new Act specifically concerning the remuneration of the attorney-general and the public prosecutor will also be created, similar to the Judges’ Remuneration Act 1971," it said.

Implementation in phases

According to the statement, the cabinet also agreed that the implementation will be carried out in phases, with certain adjustments to the structure and procedures.

Following that, the Technical Special Task Force led by the Legal Affairs Division of the Prime Minister’s Department, together with the Attorney-General’s Chambers, and involving the Finance Ministry, the Public Service Department, the Judicial and Legal Services Commission, as well as the Public Services Commission, will continue its role in detailing all aspects of implementation.

This includes matters on organisational structure, staffing, logistics, and financial implications, it added.

"A complete set of recommendations from this detailing will be presented to the cabinet for consideration, so that the necessary amendments can be implemented and the separation can be carried out properly, in line with the Constitution and existing laws."

Separating the role of prosecutor from the attorney-general has been listed as one of the government's key reform promises, beginning with an initial cabinet decision on Aug 16, 2023, which led to the formation of two special task forces studying the matter.

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