KUALA LUMPUR — The Constitution (Amendment) (No. 2) Bill 2026, which seeks to separate the roles of the Attorney General and the Public Prosecutor, makes no provision for the Prime Minister in the appointment of the Public Prosecutor.
Attorney General Tan Sri Mohd Dusuki Mokhtar said under the proposed amendments, the appointment would rest solely with the Yang di-Pertuan Agong, subject to the consent of the Conference of Rulers, for a fixed term of seven years.
He said candidates for the post would be nominated by the Judicial and Legal Service Commission (SPKP).
“The original idea is to remove political interference from the appointment of the Public Prosecutor. That is why no role is given to politicians, including the Prime Minister, as we want to ensure the Public Prosecutor acts fairly in carrying out his duties.
“We are concerned that the Public Prosecutor could be influenced by parties involved in determining the appointment if the process includes elected representatives or politicians,” he said during a ministerial briefing at Parliament today, reported by Bernama.
Mohd Dusuki said that the Public Prosecutor must not be a Member of Parliament or State Assembly and must have at least 10 years’ litigation experience.
Among those present at the briefing were Deputy Prime Minister Datuk Seri Fadillah Yusof and Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, as well as members of both Houses of Parliament.
Azalina said that although the Bill provides for a seven-year term for the Public Prosecutor, the office-holder may apply to the SPKP for reappointment or an extension, subject to review.
“We do not want renewal of the Public Prosecutor’s tenure to be automatic. The individual must apply so that the commission can reassess performance.
“The Public Prosecutor is also not obliged to answer to Parliament, as the position is not a political appointment but functions as an independent office,” she said. – February 23, 2026