KUALA LUMPUR: The government will separate the powers of the attorney-general (A-G) and the public prosecutor over two years based on empirical studies that will be done on three countries.
Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the cabinet made the decision on Jan 31.
She said the studies would look into the separation of powers in Canada, Australia and the United Kingdom and would begin in May.
"The studies will involve meetings with Canada's Justice Minister and Attorney-General Arif Virani, a special committee and the director of the public prosecutor.
"A roundtable discussion will be held at Ottawa University with Universiti Malaya's Faculty of Law and legal experts," she said yesterday.
She said the meetings in Canada would focus on the detailed empirical study and on reaching the best practice for the separation of powers.
She said the study parameters included institutional protection against the appointment and dismissal of the public prosecutor, accountability, especially the mechanism for checks and balances, the degree of the A-G's involvement in setting criminal justice policies and the authority to halt prosecutions initiated by the public prosecutor, as well as the organisational structure of the public prosecutor's office.
Azalina said the studies would be monitored by the Comparative Study Task Force and the Technical Task Force.
She said the Legal Affairs Division and Attorney-General's Chambers would act as joint secretaries for the task forces.
"Both task forces will ensure the empirical studies can be implemented comprehensively by taking into account the implementation of separation of powers in other countries, as well as the views of stakeholders.
"The implementation of the studies shows that the Madani government remains committed to institutional reform."
Previously, Azalina said the decision to form the task forces was agreed upon at a meeting with the Special Select Committee on Human Rights, Elections and Institutional Reform.
She had said the separation of powers would involve amendments to the Constitution, laws and regulations, in addition to financial and staffing implications for the government.