KUALA LUMPUR, 10 September 2025 — The Malaysian government has agreed in principle to implement the full separation of powers between the Attorney General (AG) and the Public Prosecutor, a long-debated institutional reform seen as crucial to strengthening governance and public trust in the justice system.
The decision was announced after Minister in the Prime Minister’s Department for Law and Institutional Reform Dato’ Sri Azalina Othman Said presented several models of separation to the Cabinet. Following deliberation, the Cabinet endorsed the move to formally establish the two positions as distinct and equal constitutional offices under the Federal Constitution.
To facilitate the reform, a series of constitutional amendments will be introduced covering Articles 42, 145, and 183, laying the groundwork for an independent Public Prosecutor’s office. In addition, the government will prepare an omnibus Legal Reform Bill (Public Prosecutor) to amend the Criminal Procedure Code and 18 other related laws. A separate bill will be drafted to regulate the remuneration and benefits of the Attorney General and Public Prosecutor, modelled after the Judicial Remuneration Act 1971.
Implementation will take place in phases, allowing existing institutions and procedures to adapt to the new structure. A Technical Task Force—led by the Legal Affairs Division of the Prime Minister’s Department in collaboration with the Attorney General’s Chambers, the Finance Ministry, the Public Service Department, and other commissions—will study the organisational blueprint, staffing requirements, logistical needs, and financial implications. Its recommendations will later be tabled before the Cabinet for approval.
The reform is a central plank of the MADANI government’s institutional reform agenda, which aims to bolster the independence of Malaysia’s legal system and restore public confidence in the rule of law. By separating prosecutorial powers from the Attorney General’s advisory role, policymakers hope to eliminate potential conflicts of interest and ensure fairer, more transparent legal proceedings.
Legal experts and civil society organisations have long called for this reform, noting that the current framework allows the Attorney General—an appointee of the executive—to also exercise prosecutorial discretion. The move to create an independent Public Prosecutor’s office is therefore seen as a critical safeguard against political interference in criminal proceedings, aligning Malaysia with international best practices.
As the government prepares to introduce the necessary amendments in Parliament, observers view the reform as a landmark step in reshaping the country’s legal architecture. If implemented effectively, it could mark a turning point in Malaysia’s pursuit of judicial independence and institutional integrity.
