Azalina: AG-PP Split Vital for Independent Prosecutions, Legal Reform
KUALA LUMPUR, Jan 14 — In a significant move toward legal and institutional reform, Minister in the Prime Minister’s Department (Law and Institutional...
KUALA LUMPUR, Jan 14 — In a significant move toward legal and institutional reform, Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said has underscored the critical importance of separating the powers of the Attorney General (AG) and the Public Prosecutor (PP). According to Azalina, this separation is essential to ensure a prosecution process that is more independent, transparent, and free from political influence, thereby strengthening the accountability of Malaysia’s legal institutions.
Speaking at a luncheon with media editors in conjunction with the 2025 Umno General Assembly, Azalina, who also serves as Umno information chief, elaborated on the broader implications of this proposed reform. She emphasized that the move would not only enhance the independence of prosecutions but also clarify the role of the AG as the government’s principal legal adviser. “What is more important is the role of the AG in terms of accountability at Cabinet meetings and in Parliament. That’s the main purpose,” Azalina stated. She further explained that without this separation, ministers like herself would be constrained in their responses, noting, “Otherwise, I would be answering on behalf of the AG, and every time I answer, I cannot go beyond the answer given to me.”
This initiative aligns with earlier announcements by Prime Minister Datuk Seri Anwar Ibrahim, who confirmed that a Bill to separate the roles of the Attorney General and Public Prosecutor will be the first legislation tabled when Parliament reconvenes on January 19. The Prime Minister’s commitment highlights the government’s prioritization of legal reforms aimed at bolstering judicial independence and public trust in the legal system.
Azalina’s remarks come at a pivotal moment for Malaysia’s legal landscape, where calls for greater transparency and reduced political interference in prosecutorial decisions have gained momentum. The current system, where the AG holds dual roles as both the government’s chief legal advisor and the head of public prosecutions, has long been criticized for potential conflicts of interest. By splitting these functions, the government aims to create a clearer demarcation between legal advice to the executive and the independent exercise of prosecutorial powers.
In her address, Azalina highlighted that discussions between her ministry and the Parliamentary Special Select Committee have revealed broad support for the proposed legislation. This consensus among lawmakers suggests a strong bipartisan backing for the reform, which could facilitate its smooth passage through Parliament. The minister’s emphasis on accountability reflects a broader trend in global legal systems, where separating prosecutorial and advisory roles is often seen as a best practice to prevent abuse of power and ensure fair trials.
The proposed separation is expected to have far-reaching effects on Malaysia’s governance and legal framework. For instance, it could lead to more robust checks and balances within the government, as the AG would focus solely on providing impartial legal counsel, while the PP would independently decide on criminal charges based on evidence and law, without political pressure. This change is particularly relevant in high-profile cases involving public officials or sensitive political matters, where perceptions of bias can undermine public confidence.
Moreover, Azalina pointed out that this reform would strengthen the accountability mechanisms within legal institutions. By clarifying the AG’s responsibilities, it would enhance transparency in how legal advice is rendered to the Cabinet and how prosecutorial decisions are made. This, in turn, could improve Malaysia’s standing in international indices related to rule of law and governance, attracting foreign investment and fostering a more stable business environment.
The minister’s comments also shed light on the practical challenges of implementing such a separation. For example, it will require careful drafting of the Bill to ensure that the new roles are clearly defined, with adequate safeguards to prevent overlap or confusion. Additionally, there may be logistical considerations, such as staffing and resource allocation for the newly independent Public Prosecutor’s office. However, Azalina’s optimistic tone suggests that these hurdles are being addressed through collaborative discussions with stakeholders.
This move is part of a larger agenda of institutional reform under the current administration, which has pledged to enhance democracy and governance in Malaysia. By prioritizing the AG-PP separation, the government signals its commitment to upholding the principles of justice and the rule of law. It also responds to longstanding demands from civil society groups and legal experts who have advocated for such changes to prevent potential conflicts and ensure that prosecutions are conducted fairly.
In conclusion, Datuk Seri Azalina Othman Said’s advocacy for separating the powers of the Attorney General and Public Prosecutor marks a significant step toward legal independence and accountability in Malaysia. With broad parliamentary support and a scheduled tabling of the Bill, this reform has the potential to transform the country’s prosecutorial system, making it more resilient against political influence and better aligned with international standards. As Parliament prepares to convene, all eyes will be on this landmark legislation, which could set a new precedent for transparency and justice in the nation’s legal framework.
