Appointment of the Office of the Attorney General and Director of Public Prosecution (DPP)

By:

G25 Malaysia

Affiliations:

G25 Malaysia

Policy Code:

3c Judiciary Reform

Problem Statement:

Currently, the AG is appointed or removed by His Majesty the Yang Di-Pertuan Agong on the advice of the Prime Minister. He advises the Government on the law. He drafts legislations for the Government. He defends the Government when the Government is sued in the Courts. The AG is thus perceived to be close to the PM and members of Cabinet. Thus, he could be perceived as being beholden to the PM and lacking in independence. At the same time, he does not enjoy security of tenure.

Value(s) and Belief(s):

To ensure independence of the office, the PM should have no part in the appointment of the AG and Director of Public Prosecution.

Proposal of Solution:

The AG and Director of Public Prosecution should be appointed with security of tenure; for example, their appointments could only be or made or terminated by His Majesty on the advice of an independent commission through a transparent, accountable and merit-based process; just like superior court judges.

Additional Information:

Translation

Isu dan Polisi Semasa:

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Nilai-nilai dan Kepercayaan:

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Penyelesaian:

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Informasi Tambahan:

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