One person is the government's lawyer AND decides who gets prosecuted. Parliament is voting on changing that.

In Malaysia, the same person who advises the Prime Minister and Cabinet as their lawyer also decides — at his own discretion — who gets charged with a crime, and who doesn't.

That is the Attorney General, who is simultaneously the Public Prosecutor.

Critics have called it a structural conflict for decades. The government now agrees. A constitutional amendment to split the two offices was tabled in February 2026, and as of July 2026 it is still working its way through Parliament — adjourned mid-second-reading, awaiting the Conference of Rulers before the vote.

1. The two hats

Hat one — the government's lawyer. Under Article 145(2), the AG advises the Yang di-Pertuan Agong, the Cabinet and Ministers on legal matters. Commentators describe the relationship between the AG and the Prime Minister as resembling a lawyer–client dynamic.

Hat two — the Public Prosecutor. Under Article 145(3), the AG has power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence — other than before a Syariah court, native court or court-martial.

A terminology note that trips people up: in Malaysia the Public Prosecutor (PP) is the Attorney General himself. A Deputy Public Prosecutor (DPP) is a prosecuting officer acting under that authority. In several other Commonwealth countries "DPP" means the head of the prosecution service — the opposite. See also: [Going to a Malaysian court for the first time? Here's who everyone is](/p/survival-guide-to-court-episode-4-the-court-and-the-people)

How he's appointed: by the Yang di-Pertuan Agong on the advice of the Prime Minister. The office is not accountable to Parliament and not subject to election.

2. Why critics call it a conflict

The argument, made over many years by the Malaysian Bar, Transparency International Malaysia, Bersih and others, runs roughly like this:

The same office advises the executive and decides whether to prosecute it. If a Minister is under investigation, the person deciding whether charges are laid is the same person who serves as that government's legal adviser and was appointed on the PM's advice.

The discretion is close to absolute. The power to institute, conduct or discontinue proceedings sits with one individual, with limited avenues for recourse if the exercise is perceived as unjust — a point commentators trace through cases including Long bin Samat & Ors v Public Prosecutor [1974] 2 MLJ 152 and Repco Holdings Bhd v Public Prosecutor [1997] 3 MLJ 68.

The discontinuance power is the sharpest edge. Deciding not to charge, or dropping a live case, attracts far less scrutiny than deciding to charge — and is harder to challenge.

The Malaysian Bar's framing: the AG is the highest-ranking public prosecutor, and utmost integrity and independence are required to maintain confidence in governance. Justice must not only be done but be seen to be done — and separating the functions is what makes that visible.

Bersih has added a further concern: with the government intending to introduce deferred prosecution agreements for corruption cases resolved without trial, the risk of executive influence over prosecutorial decisions becomes more acute, not less. See also: [Someone asked you for a bribe](/p/malaysia-report-own-bribe-corruption)

In fairness, the counter-position: the fused model came from the Westminster tradition, prosecutorial discretion has to sit somewhere, and an AG who is a career legal officer rather than a politician provides a degree of insulation. The debate is about institutional design, not about any individual.

3. What the Bill would actually do

The Constitution (Amendment) (No. 2) Bill 2026 was tabled for first reading on 23 February 2026 by Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said.

Nine clauses, two new Articles — 145A and 145B — plus consequential amendments to Articles 42, 132, 138, 145 and 160.

Key features as proposed:

• A separate Public Prosecutor for the Federation, appointed by the Yang di-Pertuan Agong in his discretion, on the recommendation of the Judicial and Legal Service Commission, after consultation with the Conference of Rulers
• Eligibility: a citizen with at least 10 years' litigation experience. Members of Parliament are expressly disqualified.
• A seven-year term, subject to resignation
• Prosecutorial powers removed from Article 145 — including the AG's power to decide which court hears a case
• The PP to be consulted on criminal law and criminal procedure, and may advise the Agong, Cabinet or any minister
• Article 42 amended so the PP takes over the AG's role on the Pardons Board, including delivering the written opinion See also: [How royal pardons actually work in Malaysia](/p/malaysia-s-royal-pardons-system)
• Article 132 amended so that the offices of AG and PP are not part of the public services of the Federation
• Article 138 restructured — the Judicial and Legal Service Commission gains the PP plus three new ex officio members including Chief Judges

Revisions after pushback. The Bill was referred to a 12-member bipartisan Parliamentary Special Select Committee after concerns from both government and opposition lawmakers that the draft appeared to retain the PM's influence over appointments. The committee met seven times.

The revised version reportedly strips the PM's power over the appointment, and adds:

• A formal Prosecutors' Code of Ethics
• Explicit constitutional authority for Parliament to enact further enabling legislation — which addresses civil society calls, including the Malaysian Bar's proposal for an Office of the Public Prosecutor Act
• A mechanism where the Commission submits candidates, Parliament is informed and may provide feedback, a committee examines candidates and offers non-binding views, then the Commission advises the Agong, who decides

4. Where it stands right now

This is genuinely unresolved, so here is the sequence:

• 23 February 2026 — first reading
• March 2026 — second reading, then referred to the Parliamentary Special Select Committee
• 22 June 2026 — re-tabled; government seeking bipartisan support
• 14 July 2026 — the PSSC report was tabled. Azalina then invoked Standing Order 62 to adjourn the second reading, so the government could notify the Conference of Rulers of the further proposed amendments
• Next Dewan Rakyat meeting — second and third readings, debate and vote

Further amendment flagged: MPs raised concerns that Parliament's role in the appointment was too limited — merely being informed of candidates. The government said it would amend Clause (18) of Article 145A to strengthen Parliament's role.

The threshold: as a constitutional amendment, it needs a two-thirds majority — 148 of 222 MPs in the Dewan Rakyat — and two-thirds in the Dewan Negara.

That is not guaranteed. In the same parliamentary session, a separate constitutional amendment on prime ministerial term limits failed to secure two-thirds. Government spokesperson Fahmi Fadzil has publicly urged MPs on both sides to support it.

What civil society is still asking for, per Bersih, IDEAS and others:

• A non-partisan independent prosecutorial service commission operating outside the administration's purview
• Constitutional empowerment for the Dewan Rakyat to scrutinise and recommend or oppose PP candidates
• Clarification that the PP's annual report to Parliament isn't limited to administrative and financial matters
• A mandatory Enabling Act defining the office's statutory functions and codifying conduct rules on charging and withdrawal decisions

5. Why this matters to an ordinary person

Not an abstract governance debate.

Every criminal charge in Malaysia flows from this office. The DPP who approves a charge against you, your family member or your business is exercising the AG's authority. So does the decision not to charge someone who harmed you.

The discontinuance power affects victims. If a case involving you is dropped, that decision sits with the same office.

Consent requirements run through it. Some prosecutions cannot proceed without the Public Prosecutor's personal consent — drug trafficking under section 39B of the Dangerous Drugs Act being a prominent example. See also: [Someone you know got charged under 39B. Here's what actually happens next](/p/Malaysia-drug-smuggling-trafficking-death-penalty)

And the Pardons Board connection. The AG currently sits on the Pardons Board and delivers a written opinion. Under the Bill, that role passes to the PP.