But while they laud the proposed move for effecting a better separation of powers, some have voiced concerns that the lack of urgency with no clear or shorter timeline given could raise the possibility of more high-profile criminal cases being dropped in the near term.
Malaysia Prime Minister Anwar Ibrahim speaking to CNA ahead of his speech at the Milken Institute's Asia Summit in Singapore on Sep 13, 2023. The group suggested that Mr Anwar commit to implementing the separation by 2025 and hence reduce the technical task force’s one-year timeframe to that of six to eight months to expedite the process.
“The AG acts in the government's best interests and serves and supports the political executive to the hilt. He defends the government if it is sued in court, whether the government is right or wrong,” said Prof Shad Saleem.“The problem is that in Malaysia, unlike many other rule of law societies, the offices of the AG and PP are fused.
Lawyer Lim Wei Jiet, who owns his own legal firm LWJ Advocates and Solicitors, has questioned the one-year timeline stated by Ms Azalina for the technical task force to prepare an interim report. In September 2022, the government under Prime Minister Ismail Sabri Yaakob said that it was studying implications of the proposed separation of powers between the AG and PP.However, then-Minister in the Prime Minister’s Department Wan Junaidi Tuanku Jaafar reportedly said it was not easy to implement as it requires amending the Federal Constitution and would require additional government spending.
“Substantial work, on the law and technical side, may have already been done and is there for the taking, so to speak. Azalina just needs to walk the talk - prove the government’s commitment to institutional reforms and restore the public's faith,” he added. On Tuesday, his lawyers told the media that Malaysian prosecutors have not appealed against his acquittal in a case of abusing his position as prime minister to amend a government audit into 1MDB. The Attorney-General’s Chambers was expected to appeal against Najib’s acquittal earlier in 2023. last September after she was found guilty of corruption. She is currently appealing the judgement.
In the Australian model, the AG — known as the First Law Officer — is an MP appointed by the governor-general on the prime minister’s advice. The appointee acts as the government’s principal legal adviser.