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Senate News

Senators in session
fili@samoanews.com

Pago Pago, AMERICAN SAMOA — The Senate, during its session last Friday, rejected in second-reading a House bill, which sought to amend local law, allowing both the Senate and House to confirm members of the American Samoa Medical Center Authority of board of directors.

Under current law, only the Senate is given authority to confirm board members nominated by the governor. But the House bill calls for both chambers of the legislature to carry out the confirmation process.

This is not the first time the House has made the move to be included in confirmation hearings and vote for the hospital board members, however their efforts have all failed over the years, as the Senators rejected the propositions.

LAND AND TITLES DISPUTE

The Senate approved during Saturday’s session the House version of an Administration bill giving the authority to the Office of Samoan Affairs to resolve land and matai title disputes.

The bill now goes back to the House, where the Senate version of the measure is pending in committee.

In submitting the Administration bill to the Legislature, Gov. Lemanu P. S. Mauga told Fono leaders that delayed resolution of a land and title dispute “disrupts the peaceful and orderly administration of family and village affairs.”

“This bill would allow for a case to proceed to the High Court [of American Samoa] if unresolved six months after referral to the Secretary of Samoan Affairs,” the governor wrote, saying that the Administration solicits the support of the Fono “in considering this important legislation.”

During a Senate committee hearing earlier this year on the legislation, ASG witnesses testified that the prolonged land and matai title disputes — at times lingering for years, even 20 years — prompted the Lemanu Administration to submit this bill to amend current law.

And senators who spoke during the nearly one-hour hearing commended the proposed law, and acknowledged the fact that there are matai titles and land dispute cases that have dragged on for years.

The amendment to current law proposed in the bill, adds this new provision: “if after expiration of six months from the date the land or title matter was referred to the Secretary of Samoan Affairs and there is no compliance” with current provision, title — ‘Certificate of irreconcilable dispute’ — the “Secretary of Samoan Affairs or his deputy shall confirm in writing to the Chief Justice or a presiding Justice of the High Court, that the parties have failed to comply and/ or to complete the requirement of subsection (a) (1), therefore, the case shall be and is hereby forwarded to the land and Titles Division of the High Court for adjudication of the said land and title claim(s)” in accordance with local law.

Samoa News notes that subsection (a) (1) provision, states: That on at least 2 occasions, the party have appeared personally before him — the Secretary of Samoan Affairs — and 2 persons designated by him, without an attorney or counsel, and that an attempt was made to resolve the controversy.

THE SATURDAY SESSION

Senate President Tuaolo Manaia Fruean had informed senators of the session, this past Saturday, on which he and House Speaker Savali Talavou Ale agreed.

The Saturday session is to make-up the session-day coming up on Friday, Apr. 07 — which is Good Friday — allowing the First Regular Session of the 38th Legislature to officially end on Friday, Apr. 14.