The process of reforming the separation of powers between the Attorney-General Chambers and the public prosecutor’s office is a lengthy one, according to Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said (pic).
Due to Malaysia’s diverse laws, the government requires more time to conduct a comprehensive and in-depth study to ensure that the decisions made are not subject to future changes.
“We need a thorough study done because Malaysia has various laws. We can see that in other countries that made decisions on the separation of powers, some have backtracked, this is a big problem and that is why we need a comprehensive and in-depth study,” Azalina said during the question and answer session at Dewan Negara on Monday (Dec 4).
She was responding to a supplementary question from Senator Datuk Dr Nuing Jeluing who was seeking information on when the separation of powers between the Attorney General and the Public Prosecutor could be implemented.
Azalina emphasized that there must also be political stability to allow for amendments to the related laws before the separation of roles between the two bodies can be finalized.
“The separation of powers between the Attorney-General and the Public Prosecutor is a long process… institutional reform requires amendments to the constitution, and it will not be achieved if the government is not stable,” she explained.
On Oct 9, Azalina stated that the agenda to separate the roles of the Attorney General and the Public Prosecutor would be implemented in three different phases after considering the complexity and challenges of its implementation.
Phase one involves the Special Task Force for Comparative Studies conducting a study on several countries to examine and formulate the most suitable model in the context of Malaysia.
Phase two will include a Special Technical Task Force comprehensively examining legal, staffing, and financial implications before preparing an interim report for the Cabinet’s consideration.
Phase three will involve joint engagement sessions with the Sabah and Sarawak governments as well as other stakeholders, including enforcement agencies. – Bernama
