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Ombudsman (Komesina o Sulufaiga) Act 2013
1. Establishment – (1) The Screening Committee
(“Committee”) is established comprising the following
members:
(a) the Chairperson of the Public Service Commission,
as Chairperson;
(b) a retired judge or a lawyer qualified for
appointment as a Supreme Court judge,
appointed by the Chairperson;
(c) a member to represent civil society groups and the
private sector, appointed by the Chairperson.
(2) The following persons are not eligible for appointment
under clause 1(1)(b) or (c):
(a) a member of Parliament;
(b) a Minister;
(c) public servant or a person engaged by the
Government or in the “service of Samoa” within
the meaning under Article 111 of the
Constitution;
(d) a director or employee of a public body regulated
under the Public Bodies (Performance and
Accountability) Act 2001;
(e) any other person prescribed by regulations.
(3) All members constitute a quorum.
(4) The Committee may regulate its own meeting
procedures.
2. Functions – The Committee must consider applications
and determine candidates for appointment or re-appointment as
the Ombudsman.
3. Advertisement of vacancies – (1) When the position of
the Ombudsman becomes vacant or will become vacant within
6 months before expiry of the term, the Government must
advertise the position in a newspaper having wide circulation in
Samoa.
(2) The Government must send the list of applicants who
responded to the advertisement under subsection (1), including
any qualified individual it considers for appointment
(“applicants”), to the Committee for determinations.
(3) If no applicant qualifies under clause 6, the vacancy
must be re-advertised.