There is no point in purchasing the most sophisticated recording machines until there is a true separation of powers and the Attorney General (AG) is genuinely independent. As long as there is no separation of powers, I remain skeptical that the whistleblower, MACC, or other institutions like SUHAKAM will see justice in Malaysia.

Many believed the best opportunity for this reform came when Pakatan Harapan (PH) assumed power in 2018. However, Mahathir then stated that the government could not implement the separation of powers between the Public Prosecutor’s Office and the Attorney General’s Chambers because they did not have a two-thirds majority in the Dewan Rakyat.

In March 2019, Minister in the Prime Minister’s Department Datuk Liew Vui Keong announced that a working committee had been formed by the AGC to prepare a report and submit recommendations for the Cabinet’s consideration. One wonders: What happened to that working committee?

The two Prime Ministers that followed, Muhyiddin Yassin and Ismail Sabri, could, of course, fall back on Mahathir’s two-thirds argument.

For the separation of powers to occur, legal amendments must be made to the roles and functions of the AG and the Public Prosecutor (PP). The necessary changes would involve Article 145(3) of the Federal Constitution, Section 376(1) of the Criminal Procedure Code, and the definition of ‘Public Prosecutor’ under the Interpretation Act 1948 and 1967.

The current Prime Minister does have a two-thirds majority, but once again, will there be the political will to make the amendments and aim for an ‘A’ rather than a ‘D’? Will he secure support from Sabah?

This was also one of the issues that Bersih raised with him. In a statement in April this year, Bersih expressed concern that the reform might be delayed until after the 16th general election, despite Deputy Minister in the Prime Minister’s Department (Law and Institutional Reforms), M. Kulasegaran, stating in January that there was a timeline for implementing the separation of powers between the AG and the PP. According to Kulasegaran, on January 23, 2024, the government is prepared to table a draft bill (RUU) by the end of the year, as the draft is at its final stages of review.

Now, we have reached the last month of the year, and while we are flooded with corruption videos, there seems to be little optimism regarding the implementation of the separation of powers.

The whistleblower can continue to blow their whistle, but until a clear mechanism is established, those in power remain completely immune.

S. Arutchelvan
Deputy Chairperson
Parti Sosialis Malaysia
Dec 4 2024