House discusses disciplinary measures for Swains Delegate

Pago Pago, AMERICAN SAMOA — Yesterday, the House Legal Counsel Nathaniel Savali Sotoa informed the members of the House via a letter he has received has received official communication from the Governor Pulaali’i N. Pula regarding the passage of the five amendments, including the Swain’s delegate’s right to vote.

The letter from the legal counsel, dated February 18, 2025, also informed the House members that the Speaker of the House Savali Talavou Ale has instructed the Chief Clerk of the House to register the Swain’s delegate’s vote.

The official communication from the governor has brought to fore the issue the Swains Island delegate Su’a Alexander Jennings currently faces within the House.

Suʻa was removed from the House chambers last week Wednesday, February 12, after an outburst during the regular session. He had made an inquiry about his status on his right to vote in the House, after the Senate President had noted earlier that week that he had received communication from the Governor regarding the approval of the amendments to the Constitution made in 2022.

The Speaker, in response to Su’a’s outburst that included ‘tearing his shirt’ — ordered that the Swains Island faipule be removed and suspended him until further notice.

After the regular session last week Wednesday, the House Speaker and House Legal Counsel addressed members of the Fono regarding possible disciplinary action against Faipule Suʻa.

“You have to be suspended for a definite and specified period of time,” Sotoa explained to the House members and recommended that the House define a period of time for the Swains delegate’s suspension.

During the suspension discussion, House Vice Speaker Fetui Fetui, Jr. stated, “In my 24 years [in the Fono], I have never seen anyone luʻi (challenge) someone and tear their clothing like that.”

Fetui inquired what the maximum punishment was allowed for Suʻa and recommended suspension from the House for six months to a year.

The Vice Speaker also suggested that the Swains Island delegate be examined by a medical professional and questioned whether he was mentally stable.

Sotoa reiterated what he had said in the beginning, that the House could not leave the suspension undefined, otherwise it would be tantamount to “expulsion,” which would require a vote by two-thirds or 14 members of the House.

Faipule Luaitaua Gene Pan also expressed his concerns about the mental stability of the Swains Island faipule and potential safety risks to the House.

“He had to be removed by force by the Sargent-at-Arms,” Luaitaua said. “And I heard him say, ‘E lē lava ʻoe, ʻaumai se isi (You’re not enough, bring someone else)’.”

Luaitaua also questioned what precautionary measures are in place to protect the chamber in the event that someone were to bring in a weapon.

The House will deliberate on Suʻa’s suspension today.

BACKGROUND

In the meantime, last week Friday, Faipule Su’a filed suit in the High Court of American Samoa against the House Speaker asking for declaratory relief saying Savali is in violation of the Revised Constitution of American Samoa by denying him (Swains Island faipule) the right to vote from January 16 to February 13.

The House Speaker had insisted that he was not given official notification of the passage of the 5 constitution amendments, which included the Swains Island right to vote in the House, as the reason Su’a was not allowed to vote.

The letter from the Department of Interior, dated Feb. 6, 2025, notifying passage of the amendments was addressed to the Governor of American Samoa and cc’d to Congresswoman Amata and Senate President Tuaolo M. Fruean. The Speaker was not included in the official notification.

Apparently, the governor’s official notification came this week, as per the letter to the House from their legal counsel, dated Tuesday, Feb. 18th. Hence the move by Savali to register the Swain’s delegate’s vote.