Projek Sama and Maha Balakrishnan of Sunway University said checks and balances are vital in appointing the public prosecutor, given the role’s extraordinary powers, including sole authority over criminal prosecutions.
They said the current bill proposes to vest the Yang di-Pertuan Agong with discretionary power to appoint the public prosecutor, based on the recommendation of the Judicial and Legal Service Commission after consulting the Conference of Rulers.
They expressed concern that the proposed appointment framework risks placing the process entirely beyond meaningful public or parliamentary oversight.
Projek Sama’s Ngeow Chow Ying and Maha also argued that several constitutional provisions support the need for parliamentary scrutiny.
They cited Article 39 of the Federal Constitution, which preserves parliament’s authority to confer executive functions on other persons by law.
“Without check and balance mechanisms, the government’s proposal risks placing the appointment of the public prosecutor outside both parliamentary and judicial oversight, a situation that may itself be contrary to the basic structure of the constitution.
“Democratic accountability, the rule of law, and the separation of powers are foundational constitutional values that must be actively safeguarded, not silently surrendered,” they said in a joint statement.
In the statement, endorsed by legal professionals, former judges, and academics, Ngeow and Maha clarified that they are not calling for Parliament to appoint the public prosecutor.
Instead, they are calling for MPs to play a meaningful role in scrutinising the appointment process to distribute accountability across institutions, and reduce the risk of undue influence by the person who will occupy one of the most powerful offices in the country.
They called on MPs on both sides of the aisle to reject any framing that portrays parliamentary scrutiny of the position’s appointment process as unconstitutional, and to amend the bill to include a structured parliamentary scrutiny mechanism as part of the appointment process.
Law and institutional reform minister Azalina Othman Said said last month that Putrajaya hopes to find a “middle ground” on the bill before June.
She said Putrajaya was continuing to gather views from NGOs, the Attorney-General’s Chambers, and political parties ahead of tabling the constitutional amendments.