Kuala Lumpur, 16 March 2026 – The Malaysian government is seeking feedback from academics, constitutional experts and civil society organisations on proposed legislation aimed at separating the roles of the Attorney-General (AG) and Public Prosecutor (PP), a reform long debated in the country’s legal and governance framework.
The initiative is part of broader institutional reforms intended to strengthen the independence of the prosecution system and improve public confidence in the rule of law.
A Key Institutional Reform
Currently in Malaysia, the Attorney-General holds dual responsibilities: serving as the government’s chief legal adviser while also acting as the Public Prosecutor, who has authority over criminal prosecutions.
Critics have argued that this dual role may create a potential conflict of interest because the AG is appointed by the government while also overseeing criminal prosecution decisions.
Separating the two positions would create a distinct and independent Public Prosecutor, allowing the AG to focus solely on providing legal advice to the government.
Legal reform advocates have long supported this change, saying it could enhance prosecutorial independence and transparency.
Consultation with Legal and Civil Society Groups
Officials said the government intends to gather input from various stakeholders before finalising the proposed legislation.
These consultations will involve:
- Constitutional law experts
- Legal academics
- Non-governmental organisations (NGOs)
- Civil society representatives
The feedback process aims to ensure that the proposed legal framework is robust and aligned with international best practices in prosecutorial independence.
The engagement process also reflects the government’s attempt to build broader consensus around the reform before tabling the bill in Parliament.
A Long-Standing Reform Debate
The idea of separating the AG and PP roles has been discussed in Malaysia for many years, particularly following several high-profile legal cases that raised questions about prosecutorial discretion.
Supporters of the reform argue that a clearer institutional separation could:
- Strengthen checks and balances in the legal system
- Reduce perceptions of political influence in prosecution decisions
- Improve confidence in the justice system
However, the reform would require constitutional amendments and legislative changes, making it a complex legal undertaking.
Balancing Independence and Accountability
Legal experts note that creating an independent Public Prosecutor would require careful institutional design to ensure accountability.
Key questions being examined include:
- The appointment process for the Public Prosecutor
- The length and security of tenure
- Oversight mechanisms to prevent abuse of prosecutorial power
These considerations are essential to ensure that the new structure both protects prosecutorial independence and maintains democratic accountability.
Part of Broader Governance Reforms
The proposal to separate the AG and PP roles forms part of Malaysia’s broader agenda to strengthen governance, transparency and the rule of law.
Recent institutional reform discussions have included measures to enhance judicial independence, improve anti-corruption enforcement and modernise legal frameworks.
If implemented, the separation of the AG and PP positions could represent one of the most significant reforms to Malaysia’s legal system in decades.
