Draft on separation of AG powers expected to be ready mid-2025, says PM Anwar

SUBANG, Dec 21 — The Cabinet draft paper on the separation of powers between the Attorney General (AG) and the Public Prosecutor (PP) is expected to be ready by the middle of next year, said Prime Minister Datuk Seri Anwar Ibrahim.

He said that the proposed division of functions between the AG and PP has been accepted by the Cabinet, and a minister has been assigned to lead a task force to oversee the matter.

Acknowledging the complexity of the issue, Anwar emphasised that the draft paper requires time to complete, as it involves numerous amendments, including the Federal Constitution.

“Having said that, it will run through, hopefully by the middle of next year.

“I haven’t seen the draft yet. The only paper presented so far was a policy decision, on whether we agree with the division that has been passed by the Cabinet,” he said in a press conference, today.

The special media conference was also attended by the Communications Ministry secretary-general Datuk Mohamad Fauzi Md Isa, along with approximately 100 local and international journalists.

Anwar further elaborated on the challenges involved, emphasising that the separation of powers between AG and PP is not merely a division of responsibilities, but a crucial step in preserving the integrity of the office.

“To me, the issue is not (only) the usual division of duties… it’s the integrity of the office,” he emphasised.

On Thursday, a coalition of non-governmental organisations (NGOs) called on Anwar to announce a clear timeline for the separation of the public prosecution function from the Attorney General’s Chambers (AGC).

In March 2023, Anwar announced in the Dewan Rakyat that the government was considering a proposal to separate the prosecutor’s office from the AGC.

According to the Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said, the first phase of the empirical study on the separation of roles of the AG and PP is expected to conclude once the research conducted by the Special Task Force on Comparative Studies in the United Kingdom (UK) is completed.

The separation of the AG and PP roles aims to strengthen the independence and integrity of the legal system, ensuring that prosecutorial decisions are made without undue influence and that the AG can serve as an impartial legal advisor to the government.

Commenting on the recent detention of graphic artist Fahmi Reza by Bukit Aman over a satirical piece, Anwar expressed his disagreement with the authorities’ actions. He stated that not all criticisms directed at the government warranted investigation, especially when they were not related to the sensitive issues of royal institution, religion, or race.

“I don’t agree,” he said.

Fahmi is being investigated by Bukit Aman over a graphic on the newly appointed Sabah Governor Tun Musa Aman, under the Sedition Act and Section 233 of the Communications and Multimedia Act, for improper use of network facilities, and Section 504 of the Penal Code for intentional insult with the intent to provoke a breach of the peace. — Bernama