As of April 2026, the separation of the Attorney General (hereinafter referred to as “AG”) and the Public Prosecutor (hereinafter referred to as “PP”) roles has entered a critical legislative phase in Malaysia. The Constitution (Amendment) (No. 2) Bill 2026 was officially tabled for its first reading in February 2026, marking a historic move to dismantle the dual role where the AG serves as both the government’s legal advisor and the nation’s chief prosecutor. This reform aims to insulate the prosecutorial process from executive influence and address long-standing concerns regarding political interference in high-profile criminal cases.

In a significant procedural development in March 2026, the government deferred the vote on the Bill, referring it to a Parliamentary Special Select Committee (hereinafter referred to as “PSSC”) for deeper scrutiny. This bipartisan committee, which includes representatives from both the government and the opposition, is currently tasked with refining the Bill’s provisions. The PSSC is expected to finalize its report by mid-May 2026. This deliberate pace is intended to ensure that the final framework provides genuine independence rather than just a cosmetic change, particularly regarding the appointment and removal mechanisms of the new Public Prosecutor.

Under the proposed “full separation” model, the Public Prosecutor will become an independent constitutional office with a fixed seven-year term. The Prime Minister will no longer have a direct role in the appointment process; instead, the Judicial and Legal Service Commission (hereinafter referred to as “JLSC”) will nominate the candidate for the Yang di-Pertuan Agong’s consent. Furthermore, the Bill seeks to restructure the JLSC by adding top judges as permanent members and making the Solicitor General the head of the judicial and legal service, effectively removing the AG from the internal management of the civil service.

Beyond prosecutorial powers, the reform includes amendments to Article 42 of the Federal Constitution, which would see the Public Prosecutor replace the AG on the various state Pardons Boards. While the Attorney General remains the chief legal advisor to the Cabinet, the Public Prosecutor will have absolute discretion over criminal proceedings. As the PSSC continues its deliberations throughout April, the legal fraternity and civil society remain watchful to ensure the final legislation includes sufficient transparency and accountability measures to protect the integrity of Malaysia’s justice system.