MADANI Government Approves Full Separation of Attorney General and Public Prosecutor Roles in Landmark Constitutional Reform

11 September 2025

PUTRAJAYA: The MADANI Government has in principle agreed to the complete separation of the roles of the Attorney General’s Office and the Public Prosecutor. The Minister in the Prime Minister’s Department (Legal and Institutional Reforms), Dato’ Sri Azalina Othman Said, has presented models of separation to the Cabinet.

After consideration, the Cabinet has decided to implement the full separation proposal, whereby both positions will be established as separate and equal under the Federal Constitution. This decision was made following the review of the Final Report and Roadmap prepared by the Special Task Force on Comparative Studies, chaired by the Minister.

For this purpose, amendments to the Federal Constitution, specifically Articles 145, 183, and 42, will be drafted separately to establish the position of the Prosecutor with independent authority. Additionally, a comprehensive Bill on Legal Reforms (Prosecutor) will be drafted to amend the Criminal Procedure Code and 18 other related Acts. At the same time, a new Act specifically concerning the remuneration of the Attorney General and Prosecutors will also be enacted, in the manner of the Judges' Remuneration Act 1971 [Act 45].

The Cabinet also agrees that the implementation will proceed in phases, with some adjustments to the existing structure and procedures. Accordingly, the Technical Special Task Force, led by the Legal Affairs Division of the Prime Minister’s Department (BHEUU, JPM), together with the Attorney General’s Department, involving the Ministry of Finance, the Public Service Department, the Judicial and Legal Services Commission, and the Public Service Commission, will continue to refine all aspects of the implementation, including organisational structure, staffing, logistics, and financial implications.

A comprehensive report based on these details will be submitted to the Cabinet for consideration, so that the necessary amendments can be made and the separation can be carried out appropriately, in accordance with the Constitution and existing laws.

This move represents a holistic and significant institutional reform within the framework of the MADANI Government, aimed at strengthening governance, empowering the rule of law, and enhancing public confidence in the country’s justice system.