A potential constitutional crisis has erupted in Tonga after Acting Prime Minister Taniela Fusimālohi revealed yesterday that two former ministers, Lord Vaea and Tiofilusi Tiueti, may have been unlawfully sworn into office without a formal letter of appointment from the King, as required by the constitution.
Fusimālohi alleged that while the Privy Council had issued letters recognising their nominations, no official royal decree was ever issued to confirm their appointments.
He called for an immediate parliamentary investigation to determine whether the ministers had legally held office. He warned that their actions while in power could have far-reaching consequences if their appointments were invalid.
“We must ensure that all information Parliament receives from His Majesty is genuine and not misleading,” Fusimālohi told the Speaker.
“If these ministers were never constitutionally appointed, their decisions could be legally compromised, affecting government operations and public trust and confidence in your House, Mr Speaker.”
In September 2022, Parliament swore in Lord Vaea to replace the outgoing Minister Sangster Saulala, and Tiueti was sworn in to succeed the former Minister of Finance, Tatafu Moeaki.
In a statement released in October 2022 regarding the appointments of Lord Vaea and Tiueti, Parliament stated:
“Lord Vaea was recently appointed by His Majesty King Tupou VI as the Hon. Minister of Internal Affairs (MIA). His appointment also came into effect on September 1st.
The PM said the Hon. Finance and National Planning Minister Hon. Tjofilusi Tiueti was also appointed effective on October 17″.
As previously reported by Kaniva News, former Prime Minister Hu’akavameiliku nominated one or more new Cabinet Ministers, but he had yet to receive a response from the king before his resignation in December of last year.
Constitutional power
Constitutional clause 51 states: “The Cabinet shall consist of the Prime Minister and such other Ministers who are nominated by the Prime Minister and appointed by the King.”
The clauses related to the appointment of Cabinet Ministers do not spell out that the king must issue letters of appointment.
However, it was normal practice for the Prime Minister’s Office and Parliament to announce that Cabinet Ministers received their letters of appointment from the king before they were sworn in.
Kaniva News could not locate any announcement regarding letters of appointment from the Privy Council for these two former Ministers.
Fusimālohi said the absence of such a document raises serious questions about the legitimacy of the ministers’ tenure and the validity of their official actions.
He has urged a swift inquiry to “restore public confidence” and ensure such an oversight never happens again.
The Privy Council has not yet commented on whether the missing appointment letters were due to an administrative error or a deliberate omission, nor whether the alleged letter of recognition suffices.
