A parliamentary committee has expressed concerns regarding proposed constitutional amendment bills in Malaysia, specifically those related to separating the Attorney General and Public Prosecutor's roles and limiting the Prime Minister's tenure. The committee recommends further refinement, particularly regarding accountability mechanisms for the Public Prosecutor, while supporting the principle of the amendments. The committee stresses the importance of effective checks and balances and the need to maintain public confidence in the integrity of the legal and governmental institutions. The amendments require a two-thirds majority in the Dewan Rakyat for passage.
KUALA LUMPUR The Parliamentary Special Select Committee on Human Rights, Elections and Institutional Reform has voiced concerns and recommendations regarding two constitutional amendment Bills. These bills, tabled on Monday (Feb 24), are centered around separating the roles of the Attorney General and Public Prosecutor and limiting the Prime Minister's tenure.
William Leong, the committee chairman, stated after a comprehensive review on Thursday (Feb 26), that further refinement is needed for the Bill concerning the separation of powers. While the committee generally supports the bill, it emphasizes the importance of strengthening accountability mechanisms to ensure public confidence in the integrity of the prosecutorial institution, while also preserving the independence of prosecutorial functions, which is crucial for the rule of law. The committee believes that accountability can be improved by making the Public Prosecutor accountable to Parliament and by introducing a code of ethics specifically provided by statute. This aligns with international best practices. The committee supports the bill but suggests improvements to reinforce the Public Prosecutor's accountability through a Special Select Committee, to truly reflect effective checks and balances. This support is based on institutional and constitutional principles, consistent with the committee's independent and non-partisan role. The proposed mechanism for appointing the Public Prosecutor, as recommended by the Judicial and Legal Service Commission and after consultation with the Conference of Rulers, is deemed appropriate within a professional and institutional constitutional framework. Furthermore, the proposed mechanism for removal through an independent tribunal provides institutional protection, consistent with the rule of law.\The committee also addressed the amendment limiting the Prime Minister's tenure to a maximum of ten years. This amendment is viewed as a clear and firm constitutional limitation of power. Leong emphasized that this represents a significant structural reform to institutionalize periodic leadership transitions. It is designed to prevent prolonged concentration of executive power and enhance democratic accountability. The committee also pointed out that the provision for continuity of administration ensures that there is no vacuum of power by allowing limited functions to continue until a new Prime Minister is appointed. This is a balance between limiting power and maintaining governmental stability. Both bills are constitutional amendments, necessitating a two-thirds majority in the Dewan Rakyat (148 MPs out of 222) for successful passage. The committee’s comprehensive review and recommendations reflect a commitment to ensuring that the proposed constitutional changes are robust, effective, and in line with democratic principles and best practices. The emphasis on strengthening accountability, preserving prosecutorial independence, and promoting institutional checks and balances underscores the importance of a well-functioning and transparent governance system. The committee’s approach is guided by principles of good governance, the rule of law, and the need for a balanced approach to constitutional reform.\The separation of the Attorney General and Public Prosecutor's roles aims to improve checks and balances and reduce potential conflicts of interest. The Attorney General often advises the government, while the Public Prosecutor handles criminal prosecutions, creating a potential conflict. Separating these roles can enhance the integrity of the prosecution process and ensure impartiality. The limitation of the Prime Minister's tenure addresses concerns about the prolonged concentration of power. Limiting terms is a common practice in many democracies to prevent the entrenchment of individuals in power and encourage the rotation of leadership, which helps maintain a healthy democracy. The proposed constitutional amendments are crucial to improving the checks and balances within the government and promoting good governance. The committee is working to refine the language and provisions of the bills to ensure they are consistent with constitutional principles and the rule of law. The committee's recommendations for strengthening accountability and ensuring the independence of the Public Prosecutor are vital for maintaining public confidence in the integrity of the legal system. The separation of powers and the limitation of the Prime Minister's tenure are key steps towards strengthening democratic governance in Malaysia. The committee’s work ensures that the proposed changes are fully considered and implemented in a way that benefits the country. The Dewan Rakyat passed Supplementary Supply (2025) Bill 2026. The committee also wants to ensure that the legislative framework truly reflects the principles of effective checks and balances.
Constitutional Amendments Attorney General Public Prosecutor Prime Minister Tenure Accountability Checks And Balances Rule Of Law Parliamentary Committee Malaysia
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