Tonga’s highest court has ordered the Tonga National Rugby League (TNRL) to make sure it will hold its election on July 15.
All current officials must vacate their positions before the election will take place, Lord Chief Justice Paulsen said.
The new election will clear the way for the court to remove its order that remains in place preventing the national sporting body from using the TNRL funds for any purpose not authorised by the board.
The judge said he would not make a final order on his ruling in May to audit the financial accounts of the TNRL for the 2012, 2013, 2014 and 2015 financial years.
The ruling comes after the court had heard in May of serious allegations against the TNRL.
It was alleged that hundreds of thousands of pa’anga are unaccounted for, accounts have remained unaudited for years, the constitution has been violated, fraudulent elections have been held and court orders ignored.
“The 2016 Annual General Meeting of the TNRL is to be held on 15 July 2016 (the meeting)”, Mr Paulsen said.
“The meeting is to proceed notwithstanding that the audited financial balance sheet for the preceding year (that is 2015) is not available.
“At the meeting all Officers of the TNRL are to vacate their posts and the election of all Officers is to take place.
“The Secretary of the TNRL is to forthwith give notice of the date, time and venue of the meeting to all members of the TNRL and to anyone else entitled to attend the meeting under the Constitution of the TNRL:
According to the five-page ruling the meeting must address the following:
“The business of the meeting.
“Advise the members that at the meeting all Officers of the TNRL will vacate their posts and the election of all Officers will be held at the meeting.
“Require all nominations for Officers to be lodged with the Secretary of the TNRL no later than 21 days before the date of the meeting.
“Except as otherwise expressly stated, the procedures and business of the meeting shall be as set out in the Constitution of the TNRL
“Leave is reserved to any party to apply to vary or apply for further directions as to the conduct of the meeting on 24 hours notice”.
In regard to an interim ruling he made in May to audit the financial accounts of the TNRL for the 2012, 2013, 2014 and 2015 financial years, Mr Paulsen said he was not yet in a position to issue final orders on it “as Counsel are having further discussions with the Tonga Office of the Auditor General in relation to the preparation and audit of the financial accounts of the TNLR”.
In April the court issued an interim order preventing the use of the funds of the TNRL for any purpose not authorised by the Board pending the election of Officers.
Mr Paulsen said the order will still “remain in effect. Following the election of Officers either party may apply on notice to discharge those Orders”.
The case was brought to the court by Silivenusi Taumoepeau, Tavake Fangupo and Taufa Fukofuka.
The plaintiffs were President Semisi Sika, Stan Moheloa and the Tonga National Rugby League Incorporated Society.
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