Appointment of the Attorney General of Samoa

2026-02-24 - 03:46

Source: Samoa Public Service Commission. The Public Service Commission (PSC) issues this statement to provide clear and accurate information to the public regarding the process undertaken for the recent appointment of the Attorney General of Samoa (AG) and to address public commentary concerning that process. Constitutional Basis for Appointment The appointment of the Attorney General is governed exclusively by Article 41(1) of the Constitution of the Independent State of Samoa 1960, which provides that: “The Head of State acting on the advice of the Prime Minister shall appoint an Attorney General, who shall be a person qualified to be a Judge of the Supreme Court.” Under Article 41(1), the responsibility for advising the Head of State on the appointment of the AG rests solely with the Honourable Prime Minister. The constitutional qualification requirement is that the appointee must be eligible to be appointed as a Judge of the Supreme Court — namely, a person who has been in practice as a barrister in Samoa or another country for not less than ten (10) years. There are no additional procedural requirements prescribed under the Constitution for this appointment. Open Advertisement Process Notwithstanding the constitutional position, and in keeping with the principles of good governance, transparency, and due process, it was determined that the position would be publicly advertised. On the instructions of the Honourable Prime Minister, the PSC facilitated an open recruitment process consistent with the procedures generally applied to Chief Executive Officer-level appointments. The position was publicly advertised through the PSC’s Public Service Official Circular (Special Issue # 20) published on the PSC website (www.psc.gov.ws) and shared online through the PSC’s digital media platforms. The position was open for applications for a period of twenty (20) working days, from 11 December 2025 to 23 January 2026. The advertisement clearly stipulated that late or incomplete applications would not be considered. Applications and Assessment By the closing date, the PSC received three (3) applications. Following a preliminary compliance assessment against the eligibility requirements stated in the advertisement, it was determined that one (1) applicant fully satisfied the prescribed criteria. Consistent with its facilitative role, the PSC submitted the assessment outcome to the Honourable Prime Minister and Cabinet to support the Prime Minister in the exercise of his constitutional advisory function under Article 41(1). In accordance with the Constitution, the Honourable Prime Minister advised the Head of State, and the appointment of Mauga Precious Chang as Attorney General was duly made by the Head of State pursuant to Article 41(1). Institutional Independence It is important to clarify that since 2013, the Office of the Attorney General has been established as an independent constitutional office. It is not governed by the Public Service Act 2004. The Office operates under the Constitution and the Attorney General’s Office Act 2013, and is independent of the PSC. Public Service recruitment guidelines do not legally apply to the appointment of the Attorney General or to officers within that Office. The PSC’s involvement in this instance was undertaken solely to support the Government’s decision to adopt an open and transparent advertising process. Respect for the constitutional autonomy of appointment authorities remains fundamental. Conclusion The appointment of Mauga Precious Chang as Attorney General of Samoa was conducted in full compliance with Article 41(1) of the Constitution of Samoa and in accordance with the statutory framework governing the Office of the Attorney General. The PSC reaffirms its commitment to upholding the principles of accountability, fairness, transparency, and good governance across the public service, while respecting the constitutional mandates and independence of other offices established under law.