SHAH ALAM – The Centre to Combat Corruption and Cronyism (C4 Center) has cautioned that the government's proposed constitutional amendments to separate the offices of the Attorney General (AG) and Public Prosecutor (PP) still fall short of guaranteeing prosecutorial independence, despite supporting the long-awaited reform in principle.
The anti-corruption watchdog said the amendments proposed by the Parliamentary Special Select Committee (PSSC) do not adequately shield the PP from executive influence, urging lawmakers to strengthen Parliament's role before the Bill is passed.
"The C4 Center is in full support of the separation of the AG and PP offices. However, this reform must aim for the highest possible standard to ensure that it serves as a step forward for the country, and not a step back," it said in a statement on June 25.
The group stressed that the current arrangement, where the AG also serves as PP, creates an inherent conflict of interest, particularly in cases involving members of the executive.
"The PP's primary role is to direct prosecutions against any individual alleged to have committed a crime. To ensure justice and impartiality, the PP's office must be as independent from external influence or interests as possible.
"On the other hand, the AG's primary function is to act as legal counsel and provide advice to the government of the day," it said.
C4 argued that simply separating the two positions is insufficient unless the appointment process also guarantees genuine independence.
Under the revised proposals, the Judicial and Legal Service Commission (JLSC), rather than the Prime Minister, would recommend candidates for appointment by the Yang di-Pertuan Agong.
However, C4 contended that the proposed mechanism still leaves significant influence in the hands of the executive.
"Despite the appointment no longer being under the discretion of the Prime Minister, the proposed amendment still grants a disproportionate amount of decision-making power to the Executive – especially as the majority of the JLSC would also be appointed by the Executive," it said.
The organisation also questioned the extent of Parliament's involvement under the proposed amendments.
While the Bill requires the JLSC to inform Parliament of its recommendations, C4 said lawmakers would only be allowed to provide comments on the shortlisted candidates without any binding authority.
"The involvement of Parliament is surface-level as they would only provide comments that may not affect the final outcome with regards to the selection of the PP.
"Under these provisions, Parliament would be relegated to a mere observer of the process, rather than having any functional input on the appointment of the Public Prosecutor," it said.
Instead, C4 called for Parliament to play a substantive oversight role by scrutinising shortlisted candidates through a Parliamentary Special Select Committee, conducting due diligence and interviews where necessary, before recommending a single nominee to the Yang di-Pertuan Agong.
The group also said parliamentary oversight should extend beyond appointments to include removal proceedings, disciplinary matters and mandatory reporting obligations.
With the Bill expected to return to the Dewan Rakyat for its second reading, C4 urged the government not to proceed without stronger safeguards.
"While C4 Center is fully behind the intention to separate the AG and PP offices, Malaysia cannot risk adopting a flawed Constitutional amendment that would surely be a step back for good governance and one that would require immense time and political will to reverse," it said.
On June 22, a PSSC report outlining proposed amendments to the Bill to separate the offices of the AG and the PP was released.
The recommendations followed the committee's review of the Constitution (Amendment) (No. 2) Bill 2026, which was tabled during the first Parliamentary sitting of 2026.