JANUARY 1 — Something was missing in the prime minister’s New Year address.
While he pledged major aid increases, subsidy reforms, flood readiness and unity, there was nothing on institutional reforms.
Anwar concluded his address by urging Malaysians to strengthen national unity and governance, but, again, there was nothing on institutional reforms.
Malaysians will have to fall back on the special media conference which the prime minister had with approximately 100 local and international journalists.
He said the Cabinet draft paper on the separation of powers between the Attorney General (AG) and the Public Prosecutor (PP) — one of the main institutional reforms expected of the Madani government — would be ready by the middle of 2025.
Acknowledging the complexity of the issue, Anwar emphasised that the draft paper required time to complete, as it would involve numerous amendments, including the Federal Constitution.
So, allow me to offer some thoughts on the amendments to the Constitution: substitute Article 145 with a new one and insert a new Article 145A after Article 145, as below:
Attorney General
145. (1) There shall be an Attorney General who shall be appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister.
(2) The Attorney General shall be a Minister appointed under Article 43:
Provided the person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office.
(3) No person shall be qualified to hold the office of Attorney General unless he is qualified to be a judge of the Federal Court.
(4) It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the Cabinet or any Minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.
(5) Where the person holding the office of Attorney General is not a member of either House of Parliament, he shall be entitled to take part in the proceedings of either House, and this Constitution and any other law shall apply to him as if he were a member of either House:
Provided that he shall not be entitled to vote in either House of Parliament.
(5) Where the person holding the office of Attorney-General is for any reason unable to exercise the functions conferred upon him by or under any law, those functions may be exercised by such other person, being a person qualified to be a judge of the Federal Court, as the Yang di-Pertuan Agong, acting in accordance with the advice of the Prime Minister, may direct.
(6) In the performance of his duties the Attorney General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in the Federation.
(7) The Attorney General may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.
(8) The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to the person holding office after the coming into operation of this Article.
Director of Public Prosecutions/Public Prosecutor
145A. (1) There shall be a Director of Public Prosecutions/Public Prosecutor who shall be appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister.
(2) No person shall be qualified to hold or act in the office of Director or Public Prosecutions/Public Prosecutor unless he is qualified to be a judge of the Federal Court.
(3) The Director of Public Prosecutions/Public Prosecutor shall have power, exercisable at his discretion to─
(a) institute, conduct or discontinue any proceedings for an offence; and
(b) to take over and continue any criminal proceedings that may have been instituted by any other person or authority;
other than proceedings before a Syariah court, a native court or a court-martial.
(4) Federal law may confer on the Director of Public Prosecutions/Public Prosecutor power to determine the courts in which or the venue at which any proceedings which he has power under Clause (3) to institute shall be instituted or to which such proceedings shall be transferred.
(5) Where the person holding the office of Director of Public Prosecutions/Public Prosecutor is for any reason unable to exercise the functions conferred upon him by or under any law, those functions may be exercised by such other person, being a person qualified to be a judge of the Federal Court, as the Yang di-Pertuan Agong, acting in accordance with the advice of the Prime Minister, may direct.
(6) The Director of Public Prosecutions/Public Prosecutor may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.
(7) In the performance of his duties the Director of Public Prosecutions/Public Prosecutor─
(a) shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in the Federation; and
(b) shall not be subject to the direction or control of any other person or authority.
That’s my quick two cents to kickstart the new year.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
