PSC says Attorney General’s appointment in accordance with the statutory framework

By Lagi Keresoma

Apia, SAMOA- 24 February 2025 – The Public Service Commission (PSC) has issued a statement clarifying the process with which the appointment of the Attorney General (AG) Mauga Precious Chang was made.

The statement cited Article 41(1) of the Constitution.

Article 41. Attorney-General: (1) 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”.

Article 41also highlights that the appointment of the AG is the sole discretion of the Prime Minister.

The Statement further clarifies that 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,” said the PSC.

The Attorney Generals position was openly advertised indicating the principles of good governance, transparency and due process, the position was openly 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,” says the PSC Statement.

The advertisement was open for a period of 20 working days from 11 December 2025 to 23 January 2026 with a clear note that late or incomplete applications would not be considered.

Three applied for the AG position
PSC confirmed that 3 individuals applied for the position including Mauga.

It is noted that after assessing the applications on the eligibility requirements stated in the advertisement, it was decided that only one applicant fully satisfied the prescribed criteria.

The Prime Minister and Cabinet were then informed of the assessment outcome to support the Prime Minister’s execution of his constitutional advisory function Article 41 of the Constitution.

“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).”

AG Office independency
PSC reminded the public that the Office of the Attorney General has been an independent entity since 2013 and it operates under the Constitution and Attorney General Act 2013 and is independent of PSC.

This means the PSC recruitment guidelines do not apply to the appointment of the AG of officers within the AG’s office.

PSC says their 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,” said PSC.

“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 statement ended.