Support the Constitution (Amendment) (No. 2) Bill 2026 and you’ll get an OPPA, prosecutorial code of conduct and executive hands-off — Hafiz Hassan

JUNE 26 — Former Malaysian Bar president Karen Cheah reportedly said the country would need to create an OPPA, instead of just stopping at amending the Federal Constitution to separate the roles of the attorney general (AG) and public prosecutor (PP).

“One of the things we proposed to the [parliamentary special select committee (PSSC)]  is this Korean term of endearment called OPPA, which means Office of the Public Prosecutor Act, that is the legislation that we need.  We need that legislation to go hand in hand with the Bill,” she said at a Malaysian Bar forum on April 23.

According to Cheah, a law like OPPA would spell out the mechanism to remove a PP, how the tribunal to consider whether to remove a PP would be established and who would sit on the tribunal, and who can petition for a PP’s removal and the grounds for the petition.

Well, it looks like we may get to have an OPPA.

The 12-member bipartisan PSSC to consider the Constitution (Amendment) (No. 2) Bill 2026 (the Bill) which, among others, proposes a new Article 145A of the Federal Constitution to provide for the appointment, qualification, terms of office, remuneration and removal of the Public Prosecutor, has proposed amendments to the new Article 145A.

Among others, the PSSC has proposed a new Clause (20) which reads as follows:

“(20) Parliament may by law provide for matters relating to the appointment, removal and report of the Public Prosecutor under Clause (7) of Article 145B and the procedure to be followed under this Article.”

Before that, a new Clause (19) has been proposed which reads as follows:

“(9) The Yang di-Pertuan Agong on the advice of the Judicial and Legal Service Commission may prescribe in writing a code of ethics for the Public Prosecutor.”

A Prosecution Code of Conduct was proposed by civil society group Projek SAMA at the same Malaysian Bar forum. An OPPA-like legislation was also proposed by Projek SAMA.

On top of that, there is the proposed new Clause (21) which reads as follows:

“(21) Notwithstanding Article 40, for the purposes of this Article, the Prime Minister and the Cabinet shall not advise the Yang di-Pertuan Agong.” (See report of the PSSC – pages 556-559 – which is available here.)

Hence the prime minister and the Cabinet will be excluded from advising the Yang di-Pertuan Agong in relation to the appointment, removal and suspension of the PP.

These are good reasons to support the Bill.

Support the Bill and you’ll get an OPPA, a prosecutorial code of conduct and an executive hands-off.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.