In a statement, the anti-graft watchdog said the legal affairs division of the Prime Minister’s Department (PMD) is now responsible for a wide range of functions, including key legal reforms.
However, its limited budget and capacity hinder its effectiveness, it said.
C4 said that despite ongoing efforts to review and update Malaysia’s legal framework, including over 3,000 outdated laws, essential anti-corruption reforms have remained stalled.
It said these reforms include the separation of the public prosecutor’s role from that of the attorney-general, enhancing oversight bodies and introducing several key bills.
PMD is also responsible for the development of the majority of the country’s key legal reforms, alongside various other related functions.
“However, as a mere division, its budget and capacity is limited and does not reflect the actual nature of its responsibility to oversee the reform of laws and institutions,” said C4.
“Considering the sheer scale of reform before the government, C4 asks whether it is time to establish a proper law ministry.”
C4 said despite its broad ambit, PMD’s estimated expenditure under the 2024 budget was only set at RM176 million – when the estimated expenditure of other full-fledged ministries run into billions of ringgit.
C4 said an increased budget, through the establishment of a law ministry, may help in overcoming the administrative and technical hurdles associated with implementing a comprehensive reform agenda.
C4 said almost all of Malaysia’s counterparts in Asean have a similar body and Malaysia had a separate law ministry until it was dissolved in 1995.
“Ultimately, the largest concern here is whether Malaysia’s urgent legal and institutional reforms – repeatedly acknowledged by the government – are able to be carried out by PMD in its current form,” said C4.
According to PMD’s website, the division is administratively responsible for a wide range of agencies.
This includes the insolvency department, legal aid department, the Human Rights Commission of Malaysia (Suhakam), the National Legal Aid Foundation and the Asian International Arbitration Centre.
Other responsibilities assigned to PMD include serving as the lead agency for policy setting and legal administration not under the function of any ministry or department.
It also serves as the lead agency on domestic human rights issues, national legal policies, and international feedback and reviews.
Apart from serving as secretariat to Suhakam and the Federal Territories Pardons Board, it also monitors and coordinates the secretariats of the various state pardons boards.