SLS Welcomes Cabinet’s Decision to Separate Attorney General and Public Prosecutor Roles

11 September 2025

KOTA KINABALU: The Sabah Law Society (SLS) welcomes the decision of the Federal Cabinet on 10th September 2025 to proceed with the full separation of the offices of the Attorney General and the Public Prosecutor. 

This long-awaited reform marks a significant step forward in strengthening the rule of law, good governance, and public confidence in Malaysia’s justice system. 

“The amalgamation of these two distinct roles has historically given rise to perceptions of conflict between political considerations and prosecutorial independence. Establishing a separate, constitutionally-empowered Public Prosecutor will ensure that criminal prosecutions are conducted fairly, transparently, and free from executive interference,” SLS President Datuk Mohd Nazim Maduarin said in a statement. 

For members of the legal profession, this reform will bring greater clarity to litigation practice, as counsel will engage with a prosecution service that is institutionally independent from the Attorney General’s advisory role to the government. Simultaneously, for accused persons, it affirms the fundamental principle that everyone is entitled to a fair trial conducted by an impartial prosecution and an independent judiciary. 

SLS notes that implementing this reform will necessitate constitutional amendments and the drafting of new legislation, including a dedicated Public Prosecutor Act, alongside consequential amendments to the Criminal Procedure Code and related laws. 

“SLS urges that these reforms be implemented in consultation with the all 3 Bars regulating the legal profession in Malaysia, namely the Malaysian Bar Council (for Peninsular Malaysia, the Sabah Law Society (for Sabah) and the Advocates Association of Sarawak (for Sarawak), civil societies and all stakeholders to ensure smooth transition and continued access to justice during the interim period,” he stated.

This separation is more than a structural change; it embodies a renewed commitment to the integrity of justice, the safeguarding of rights, and the strengthening of Malaysia’s democratic institutions. 

SLS remains ready to contribute constructively to the implementation of this reform and reaffirms the principle that justice must not only be done but also be seen to be done.