SSIC takes up the issue of “Nu’u fou” land with Registrar as first witness

Pago Pago, AMERICAN SAMOA — The Senate Select Investigative Committee (SSIC) on Monday afternoon started its investigation into the “Nu’u fou” land encompassing 400 acres+ around Malaeimi, Fagasa and Aasu — an issue that has been the center of grievances voiced by members of the public and the villages around the area.

Chaired  by Senator Togiola T.A. Tulafono, the first witness sworn in to testify was Territorial Registrar Divine Iuli-Falaniko.

There were three exhibits provided as evidence to the Committee, including the official map of the land that was proposed to be registered as individually owned by Mauga Tasi Asuega, Laulii Alofa, Michael T. Fuiavai and others.

Iuli-Falaniko explained for registration of land, the process includes obtaining a certificate from the Pulenu’u and the surveyor.

Senate President, Tuaolo Manaia Fruean said this information is vital as there are requirements to meet in order for any surveys to be conducted in the villages.

“Now there is clarity and [it is] understood that under the law, no one can survey land before informing the village mayor,” said the Senate President.

The SSIC chairman noted that mayors from neighboring villages can also issue the certificate for registration.

Senator Satele Aliitasi Lili’o questioned the process and who submitted the registration application.

Iuli-Falaniko told the Senator it was submitted by their lawyers, however the law is that the individuals trying to register these lands should make the registration themselves.

During the hearing, Iuli-Falaniko says there are five names on lots on the surveyed map, however only three people submitted registration applications. 

Togiola during the hearing called out the names of people on the surveyors map.

“The first lot is under Mauga T Asuega, second lot Laulii Alofa, third lot Mageo Patolo and others, fourth lot Michael T Fuiava and fifth lot is Sili Sataua.”

Iuli-Falaniko explained that Mageo Patolo and Sili Sataua were the only names on the lot that did not apply to register the lands in question.

Documents submitted to the SSIC included a form signed by the village mayor or pulenu’u from the land in question, and signed by Paramount Chief Mauga Tasi Asuega who is also the Secretary of Samoan Affairs.

The Registrar said upon receiving the documents she questioned why the pulenu’u certificate was endorsed by Mauga, but he claims these lands don’t belong to a village, the witness said.

“I sought the legal opinion of the Attorney General [Fainuulelei Aliilima Utu] and I was instructed to inform the parties involved the registration process has been stopped. There are requirements that have not been met.”

Iuli-Falaniko also made it clear to the Senators, the land in question has not been legally registered.

“The parties involved have already been informed they need to re-submit their registration application, given the certificate of the village mayor [is questionable],” she said.

Togiola asked whether the notices have been published in the paper and the Registrar explained under the law the notices must be published and there is a timeframe of 60 days that allows for anyone to raise an objection.

“The first notice has been published but the last notice has been stopped and in the letter I informed the parties, their registration is invalid and they need to start the registration process again, given there are statutes under the law that have not been met,” said Iuli-Falaniko.

Furthermore it was uncovered there are a number of objections, including from the village councils of Fagasa and Nu’uuli, Senator Magalei Logovii, Puailoa Maae, and the Cendrowski family among others.

Senator Alo Paul Stevenson said the issue at hand is “quite delicate” and quite difficult as it’s not as easy matter. Adding that when it comes to Samoan lands, it will not end well and it’s evident from issues in the past.

Adding that this matter should be sorted and investigated properly.

“Luckily they came to survey the land and Fagasa residents were asleep,” said the Senator.

The chair acknowledged the concerns by the Fagasa Senator and pointed out there are “brave public servants” that will do what is right and just.

The Territorial Registrar also informed the Senators that in the case these lands are submitted for registration again, people that objected before, have to file new objection letters.

The Senate President concluded the hearing, by advising Iuli-Falaniko to be cautious when it comes to such issues.

“I am speaking to you as a father, if you want to live longer be honest in carrying out your duties as there are people who are dishonest, that is my fatherly advice to you,” said Tuaolo.