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Bersih lauds PM's pledge on separation of powers bill

KUALA LUMPUR: The Coalition for Clean and Fair Elections (Bersih) welcomes Prime Minister Datuk Seri Anwar Ibrahim's assurance of progress on the Federal Constitution Amendment Bills on the separation of powers between the attorney-general (A-G) and the public prosecutor.

Bersih chairman Muhammad Faisal Abdul Aziz said the coalition wanted the bill to be tabled by next year as it would take time to transition to the separation.

"The separation of powers between the A-G and public prosecutor is crucial, especially in light of criticisms of the government that have eroded public confidence in enforcement agencies.

"This includes issues like the discharge not amounting to an acquittal (DNAA) or discharge amounting to an acquittal (DNA) granted to political figures in the last few decades."

He said if the government implemented this reform, it could end such DNAA and DNA and ensure the public prosecutor's office is independent and free from political interference.

Lawyer Mohamed Haniff Khatri Abdullah proposed that the bill be drafted by a committee appointed by the king, comprising retired judges, public prosecutors and senior lawyers.

He said the draft must not be prepared by the A-G's office due to conflict of interest.

"The committee should be given six to nine months to formulate a proper draft.

"If this proposed committee comes up with a draft, the government should by the end of the year not only have a policy decision, but also a draft for Parliament," he said yesterday.

Haniff said the appointments of the A-G and public prosecutor must be free from government influence.

He proposed that the Conference of Rulers and the king handle the appointment, rather than a Parliamentary Select Committee.

He suggested the setting up of a new secretariat to manage the process to ensure candidates were properly vetted before being presented to the rulers.

He called for a system that protected the tenure of the two positions, like judges, who can only be removed by a tribunal.

"This will ensure that once someone is appointed, they will not live in fear of being dismissed for disagreeing with the government or even the king."

Earlier, Anwar said the cabinet draft paper on the separation of powers between the A-G and the public prosecutor would ready by the middle of next year.

He said a minister had been assigned to lead a task force to oversee the matter.

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