The Constitution (Amendment) (No. 2) Bill 2026 proposes a seven-year fixed term for the public prosecutor, designed to extend beyond the standard five-year political cycle and strengthen prosecutorial independence.
Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said explained that the fixed term would prevent the role from being influenced by the government of the day. “The seven-year term mirrors practices in Commonwealth countries like Canada and Australia, providing stability, continuity, and independence in prosecutorial leadership,” she said in the Dewan Rakyat.
Azalina added that term renewals would not be automatic; any extension would require evaluation by the Judicial and Legal Service Commission (SPKP) based on merit and institutional needs, rather than political considerations. She emphasised that the absence of a retirement age allows experienced prosecutors to serve as long as their qualifications and professional integrity remain intact.
Regarding removal, the Bill stipulates that a public prosecutor may only be dismissed through a formal process involving representation by the SPKP and an independent tribunal. The tribunal would consist of senior legal figures, including former attorneys-general, former public prosecutors, former chief secretaries, and at least three former Federal Court judges. This ensures that dismissals are based solely on misconduct, incapacity, or serious breaches—not political pressure or policy disagreements.
Appointments would be made by the Yang di-Pertuan Agong on SPKP recommendation and after consultation with the Council of Rulers, with no involvement from the prime minister. Azalina stressed that the role must remain free from political influence while upholding accountability under the law.
The Bill, which also seeks to separate the positions of attorney-general and public prosecutor, will be referred to a Parliamentary Special Select Committee for further review.
