Parliament cannot transfer Attorney-General’s prosecutorial powers through legislation – Deputy AG

According to him, the Constitution expressly vests the authority to conduct public prosecutions in the Attorney-General, meaning Parliament lacks the constitutional power to reassign or delegate that authority through an Act of Parliament or a Legislative Instrument (L.

Deputy Attorney-General and Minister for Justice, Dr Justice Srem-Sai, has maintained that Parliament cannot transfer the Attorney-General's constitutionally mandated prosecutorial powers to the Office of the Special Prosecutor (OSP) through ordinary legislation." The Deputy Attorney-General said while the objective of strengthening the Office of the Special Prosecutor was widely supported, constitutional safeguards must not be circumvented to achieve that goal.