Fourth branch of government needed to protect enforcement agencies, says lawyer
He proposed the establishment of a fourth branch of government known as the “Legal Council”.
SHAH ALAM – Malaysia’s current separation of powers framework is no longer sufficient to shield law enforcement agencies from political influence, lawyer Khoo Kay Ping said, proposing the establishment of a fourth branch of government known as the “Legal Council”.
The Demi Rakyat writer said the proposed body would operate independently from the Executive, Legislature and Judiciary to safeguard key legal institutions from political interference.
Khoo said separating the roles of Attorney General and Public Prosecutor alone would not fully resolve the issue if appointments continued to remain under the Prime Minister’s authority.
“Even after the separation, the Public Prosecutor would still be appointed by the Prime Minister.
“So despite being different offices, both remain exposed to political pressure,” he told Sinar Harian when met at Kompleks Karangkraf on Friday.
Also present were Yayasan Sinar Untuk Malaysia (#RasuahBusters) chief executive officer Nurhayati Nordin and #RasuahBusters strategic relations manager Wan Normi Hasan.
Khoo proposed that the Legal Council be established as a constitutional fourth branch of government specifically tasked with overseeing appointments involving legal enforcement institutions.
He said the council should comprise nine members, with the majority made up of legal experts.
The proposed members would include representatives from the Malaysian Bar, Advocates Association of Sarawak, Sabah Law Society, as well as public and private university law faculties.
The remaining members, he said, would consist of representatives from the ruling coalition, opposition bloc and Judiciary, while the ninth seat would be held by a representative from the Human Rights Commission of Malaysia.
Khoo said the council’s responsibilities should also extend to appointments involving enforcement agencies, judges and the Election Commission to ensure institutional independence and fair democratic processes.
“The purpose is to save enforcement agencies from political pressure.
“If they want to prosecute someone, there should be no political interference. Politicians can continue playing politics, but they should not interfere with law enforcement agencies,” he said.
Explaining the rationale behind the proposal, Khoo argued that the Judiciary currently plays a largely passive role because courts can only decide on cases brought before them.
“If there are offences but the cases are never brought to court, the courts cannot do anything.
“In reality, the active role in law enforcement lies with enforcement agencies, but all these agencies are under the Prime Minister. That is the problem,” he said.
He added that agencies tasked with enforcing the law should be overseen by legal experts rather than political figures.
“That is why I propose a fourth branch, to complete and strengthen the existing doctrine of separation of powers,” he said.
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