Communications Minister Datuk Seri Fahmi Fadzil announced the development during the weekly post-Cabinet media briefing, which was broadcast live. He stated that the Prime Minister’s instruction comes directly after a decree issued by the Malay Rulers regarding the proposed amendments at the recent Conference of Rulers meeting. The Conference of Rulers is a constitutional body comprising the nine Malay monarchs, which holds significant sway over matters of state, including constitutional changes.
“The prime minister has instructed Datuk Seri Azalina to conduct the engagements and discussions with the Parliamentary Special Select Committee, which has already prepared a draft for the constitutional amendments,” Fahmi said. He clarified that any resulting amendments or recommendations from these consultations will be communicated back to the Conference of Rulers for further consideration.
The proposal to separate the two legal roles is part of a broader package of institutional reforms championed by the government. Currently, the Attorney General in Malaysia serves a dual function: acting as the chief legal advisor to the government and serving as the Public Prosecutor with the power to initiate criminal prosecutions. Critics and legal scholars have long argued that this dual role creates a conflict of interest, as the government is both the defendant in legal matters and the prosecutor in criminal cases. Proponents of the separation argue that splitting the roles would enhance judicial independence and ensure a fairer legal process.
In the same briefing, Fahmi confirmed that the Cabinet was also briefed on the outcome of the Prime Minister’s audience with the Conference of Rulers concerning proposed amendments to the Prime Minister’s tenure. Fahmi noted that both the AG-PP separation and the tenure amendments are key pillars of the government’s institutional reform agenda but require “further refinement” before they can proceed to the next stages of legislative implementation. This indicates that while the policy intent remains, the specific constitutional language and procedural mechanisms are still under negotiation.
A separate institutional reform was also confirmed during the Cabinet session. Fahmi announced that Parliament now falls entirely under the administration of the Parliamentary Service Council. This shift effectively ends executive control over the administration of Parliament, a change Fahmi described as fulfilling a campaign promise and representing a “significant institutional reform effort.” By transferring administrative oversight away from executive ministries to an independent parliamentary body, the government aims to strengthen the autonomy of the legislative branch and reduce executive influence over parliamentary operations.
The decision to return the AG-PP separation to the drafting and consultation phase highlights the complex interplay between the executive, the legislature, and the Conference of Rulers in Malaysia’s political system. While the government has initiated the process through the Parliamentary Special Select Committee, the final authority on constitutional amendments often involves sensitive negotiations with the royal conferences, particularly when changes touch upon the roles of key constitutional offices. The involvement of the Select Committee suggests a desire to ground the amendments in parliamentary scrutiny and expert legal review before they are re-submitted to the Rulers.
For now, the legislative process is in a holding pattern. The next formal step lies with the engagement between Datuk Seri Azalina Othman Said and the Parliamentary Special Select Committee. The outcome of these discussions will determine whether the draft amendments are modified to address concerns raised by the Conference of Rulers or if they are returned in their original form. Until these consultations are concluded and the results are communicated back to the royal body, the constitutional status quo, with the Attorney General retaining both roles, remains in effect.
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