Pago Pago, AMERICAN SAMOA — The Swains Island representative (faipule) is frustrated and angry with not being able to currently vote in the confirmation of directors of the new administration that is the focus of both current Senate and House sessions.

Confirmation hearings began in both chambers the last week of January, when the Legislature came back, after taking a week long recess, while they waited for the new administration to submit their nominees for cabinet directorships.

On Jan. 31, 2025, the Swains Island faipule Suʻa Alex Jennings during the House session objected to not being able to vote in the recent confirmation hearings. And, during that Friday’s session to confirm Acting Department of Public Safety Commissioner Taʻaga Sāʻite Moliga, Suʻa stood up to introduce a motion to return the resolution confirming Taʻaga back to committee until the Speaker has been notified that Suʻa can vote.

His motion was denied, with the Speaker Of the House noting that the Governor had not officially notified the Fono of the passage of the five amendments passed in the 2022 referendum, including the one allowing the Swains faipule to participate in voting. 

Su’a, after that Friday’s session, told Samoa News, “I’ve missed out on every vote and to me it’s a violation of my constitutional rights as a representative.”

“They skip me every time and I’ve done that for 18 years. They skip me all the time,” he said.

On Wednesday, Feb. 12th, the issue came to a head, resulting in the Swains Island faipule being suspended by Speaker of The House Savali Talavou Ale — indefinitely.

The incident began when Suʻa stood up to make an inquiry on his status to vote, citing that he had seen on the hearings from the Senate media that the memo acknowledging the passing of the five amendments from the 2022 Constitutional Convention had reached the Senate.

The Speaker interrupted Suʻa as he continued his speech, stating that no communication from the government has reached his office. When Suʻa continued to speak, Savali ordered him to sit down.

Vice Speaker, Fetui Fetui, Jr. called for the removal of Suʻa after he refused to back down regarding the matter.

The Speaker then ordered the Sargent-At-Arms to remove Suʻa, as Sua repeatedly called, “Protect the Constitution and the rights of the people.”

While being forcibly removed, it is reported that the Swains Island faipule tore his shirt in protest of his treatment in the House, shocking many of his fellow faipule.

As he was dragged out, he shouted, “Fight! Fight! Fight! USA!”

The Speaker then reiterated that no communication from the Governor had reached the House about the five amendments.

The Vice Speaker expressed his disgust at what just transpired.

A 30-day suspension was suggested by Faipule Fainuulelei Allen, but the House Speaker said Su’a must go through the process which is part of the House rules to be re-instated.

Su’a’s suspension is “indefinite”.

The problem seems to stem from the House leadership not being officially notified by the Governor or the DOI on the final status of the five amendments

In the letter, dated Feb. 6, 2025, the US Department of Interior (DOI) notifies Governor Pulaali’i that the Secretary of the Interior has exercised his approval authority of the five amendments to the Revised Constitution of the American Samoa that passed referendum on November 8, 2022.

The letter lists the 5 approved amendments:

1.    #6  Giving the delegate from Swains Island the right to vote in the House Of Representatives.

2.    #8  Including a process for impeachment of the Governor and Lt. Governor.

3.    #9  Changing the name Government of American Samoa to American Samoa Government.

4.    #10 Changing Ma’uputasi to Ma’oputai.

5.    #11 Changing Leasing to Leasina ma Aitulagi.

The letter continues that “while the Secretary of the Interior plays a significant role in civil government in American Samoa, Section 12 of Public Law 98-213 (48 U.S.C. 1662a) has for many years required Congressional approval of constitutional amendments.

“As Public Law No. 11 118-232 repealed the requirement, the Secretary of the Interior has exercised approval authority under Executive Order 10264 and as provided in Article V, Section 3, of the Revised Constitution of the American Samoa.”

The letter is signed by the Director of Officer of Insular Affairs, John D. Brewer, Jr., and was cc’d to Congresswoman Uifa’atali Amata Radewagen and the Senate President Tuaolo M. Fruean.

At this time, it’s unknown if an official notification of the approval of the 5 amendments to the Legislature from the governor has occurred, since the Speaker of the House was not cc’d in the letter.