Police have identified the brother and his sister who were behind the 15.7kgs of methamphetamine seized over the weekend as 39-year-old Tēvita Nonu Kolokihakaufisi and his 37-year-old sister ‘Ana Longolongo Kolokihakaufisi.
Tēvita Nonu Kolokihakaufisi and his 37-year-old sister ‘Ana Longolongo Kolokihakaufisi. Photos/Supplied
The Police said Tēvita was working for the National Reserve Bank of Tonga (NRBT).
They appeared at the Magistrate’s Court yesterday afternoon, Monday, 12 February in relation to the 15.657kg of methamphetamine.
The siblings were arrested by Police with 5.73kg of the illicit drugs on Saturday, 10 February 2024 from their family residence at Kolofo’ou while 9.927kg was seized from Tēvita’s office at the bank on Sunday, 11 February 2024.
The two Defence Counsels that appeared for the siblings sought bail for ‘Ana based on a letter from a doctor that was issued in 2015 indicating previous mental health condition. The bail application was denied by Magistrate Ane Tāvō Mailangi due to time lapsed since the medical report was issued, suggesting for a more recent medical evaluation for the court to consider.
Magistrate Mailangi also ordered for both accused persons to remain in police custody and to return to court on Friday, 16 February 2024.
“In continuing to work towards achieving our goals of Safe Homes, Safe Roads, and Safe Communities, Tonga Police will persist in targeting and working to disrupt and detect those responsible for placing our youths and communities in harm’s way through the supply of illicit drugs, and hold them to account.” Commissioner of Police Shane McLennan emphasized.
Kaniva News earlier compared the street value of the drug to a 15.3kgs meth worth NZ$14 million seized in Australia last year, to an estimate of TOP$20 million. However Tonga Police said the drug they had seized is estimated at TOP$15 million.
Police investigations continue.
To report a crime or for assistance from police, call us on 922 or 740-1630 or 740-1632.
One of the king’s nobles, Lord Fusitu’a, has died, local news media reported.
The nobility member for Niuafo’ou’s death comes after he was airlifted into Auckland’s Middlemore hospital in 2019.
Lord Fusitu’a. Photo/Fale Alea ‘O Tonga
According to various sources, the noble had been put on dialysis shortly after he arrived in Auckland.
While the 51-year-old noble was a Member of Parliament he was one of the key figures from opposition bench who was instrumental in rejecting the then government’s six new bills which were pending in Parliament in 2019.
The bills include giving the government control over key judicial and police appointments, rather than the King.
Tonga’s former Prime Minister, ‘Akilisi Pohiva, said at the time his government’s efforts to control the appointments of the attorney general and the police commissioner are in line with a 2014 report by a British constitutional consultant, Peter Pursglove.
The Pursglove Report was endorsed in 2014 by the Tu’ivakano government but never implemented.
Lord Fusitu’a divorced from his wife Hon. Lupepau’u Tuita in 2008. They had a daughter.
KANIVA COMMENTARY: His Majesty’s actions in revoking his support of the appointment of two Cabinet ministers raise a number of serious questions.
King Tupou VI Photo/File photo
As the drama over the King’s actions continues, it is surely time for voters and citizens to ask:
Has the King been ill-advised by his Privy Council?
Has his constitutional role in appointing ministers been misconstrued?
Clause 51 (2) of the Constitution says: “The Cabinet shall consist of the Prime Minister and such other Ministers who are nominated by the Prime Minister and appointed by the King: Provided that – (a) the Prime Minister may nominate as Cabinet Ministers not more than 4 persons who are not elected representatives; (b) the Prime Minister and Cabinet shall be fewer in number than half of the number of elected members of the Legislative Assembly excluding the Speaker.”
This clause and sub-clauses do not stipulate that the King has to agree or “consent” and have “confidence” in the Prime Minister’s nominated ministers before he can appoint them.
Since the concepts of “consent” and “confidence” are not contained in the wording of the Constitution, voters and citizens may deduce that the King’s memo withdrawing his confidence and consent to the appointments of the ministers was based on a false premise.
There appears to be nothing in the Constitution saying the King must agree with the Prime Minister’s nomination before he appoints them.
Voters and citizens may deduce from this that the King did not appoint the Prime Minister’s nomination last year to replace former Minister Sēmisi Fakahau because he thought he had to agree with the appointment.
The king’s memo
Equally, people may be entitled to believe that the King appointed Dr Siale ‘Akau’ola as Minister of Health last week because he agreed with the nomination.
A kinder interpretation of the royal memo revoking the appointments is that it was merely a way for the King to publicly note his disagreement with the Prime Minister’s recommendations. In this interpretation the memo had no legal force because it did not cite any clause or section of the Constitution.
Voters and citizens might interpret this as meaning that the King was not actually revoking the Ministerial appointments because he and his Privy Council were well aware that the King can only reject an appointment according to the advice of the Prime Minister.
If that is so, the Prime Minister and Cabinet’s response should have been simply to tell the King his memo was noted. The government’s response went too far and said the king’s memo contravened Clause 51 (3)a of the Constitution by revoking the ministers’ appointments. But in the wording of the King’s memo, he did not revoke the appointments. He just withdrew his “confidence” and “consent” to the appointments, something that is not constitutional.
The government’s response should have also highlighted the ultimate responsibility of the government to which is being referred in the constitution as “executive authority”. It clearly prohibits any intervention by the King, the Privy Council or the Parliament against its “executive authority”.
This is mentioned in the Constitution’s Clause 51(7) which says: ” The term “executive authority” in sub-clause (1) excludes all powers vested in the King or the King in Council, whether by this Constitution, or any Act of the Legislative Assembly, any subordinate legislation, and Royal Prerogatives. “.
Sub-clause 1 of Clause 51 under the title Function, Constitution and Powers of Cabinet says: “(1) The executive authority of the Kingdom shall vest in the Cabinet, which shall be collectively responsible to the Legislative Assembly for the executive functions of the Government”.
The response from the government was important since it sticks to what is constitutionally solid and valid. We must live by the Constitution and make sure the King honours the agreement between the people and his brother, the late king George V, to relinquish his executive power to the people in 2010 as part of a deal to reform and transform the old monarchical system to a democratic system.
It is important also for the government and the nobility to stand together and push for the King to work on the Pursglove report and the suggestions he made. It is about a decade since lawyer Peter Pursglove said that Tonga’s 2010 constitution was the poorest among all Commonwealth countries. He made suggestions to improve it, but progress had been stalled. Pursglove expressed concern about the role and the establishment of the Privy Council.
We have had three governments now which all agreed that the current Constitution must be revised according to the Pursglove report. The first people’s elected government of Lord Tu’ivakanō was the one which saw that the Constitution was a problem, so they hired Pursglove to revise it. The second elected government of ‘Akilisi Pōhiva saw the same problem and they pushed for the Parliament to pass the six bills which were based on the Pursglove report. The Tu’i’onetoa government also moved for the king to change the Constitution and allow the Prime Minister to be a member of the Privy Council so they could work together and closely inform the King of the government’s operations. The King refused to take this step.
His Majesty’s decision also raises the question of whether he received the correct advice from the Privy Council. It calls to mind the advice he received from Lord Tu’ivakanō in 2017 which he used to dissolve Parliament and dismiss the government of’ Akilisi Pōhiva. He only discovered after the dissolution that such action gave him no power to dismiss the government.
The King’s decision to revoke two Cabinet appointments contravene Clause 51 (3)(a) of the Constitution, according to the government.
Prime Minister Hu’akavameiliku. Photo/Screenshot (Radio FM87.5)
A former Attorney General says if the issue is not resolved Tonga could face a constitutional crisis.
The government has confirmed that it received a letter from the Lord Privy Seal revoking King Tupou VI’s approval of two Cabinet appointments.
The King withdrew his appointment of Prime Minister Hu’akavameiliku as the Minister for His Majesty’s Armed Forces and Hon. Fekitamoeloa Katoa ‘Utoikamanu as the Minister for Foreign Affairs and as the Minister for Tourism.
In a statement issued this morning, the government said Cabinet had sought advice from the Attorney General on His Majesty’s decision.
The government said the Attorney General’s legal advice was consistent with all past advice on the same issue, sent from the Attorney General’s Office to the Palace Office.
Cabinet has agreed to send a letter addressing the statement about the appointment and the legal advice to the Private Secretary of His Majesty.
The Prime Minister, who is believed to be in New Zealand, has expressed his confidence in Hon. ‘Utoikamanu.
Former Attorney General Aminiasi Kefu said the King could only remove a minister on the recommendation of the Prime Minister. He said it was up to the Prime Minister to decide what to do.
He told Radio New Zealand that if the PM and King failed to agree then the country would face a constitutional stalemate.
The government has directed questions about the Privy Council decision to the Palace Office.
Just days after the appointment of Dr Siale ‘Akau’ola as Tonga’s new Minister of Health, the King has withdrawn his consent for two other Cabinet appointments.
King Tupou VI
An undated memo from the Lord Privy Seal, Viliami Malolo, to Chief Secretary of the Cabinet Paula Ma’u seen by Kaniva News details the king’s refusal to accept the appointments.
“His Majety was pleased by and with the advice of his Privy Council to withdraw His confidence and consent to the appointment of the Hon. Hu’akavameliku as Minister or His Majesty’s Armed Forces,” the memo said.
The memo said the king was also withdrawing consent for the appointment of the Hon. Fekitamoeloa Katoa ‘Utoikamanu as Minister for Foreign Affairs and Minister for Tourism.
Several Cabinet appointments have yet to be ratified by the king.
Last year Prime Minister Hu’akavameliku said he had nominated a new Minister to replace former Minister of Fisheries Semisi Fakahau. That nomination has yet to be ratified by the king.
Reports at the time suggested the Prime Minister had also nominated a replacement for the Minister of Police.
Immigration Minister Fekita ‘Utoikamanu. Photo/PM Office
The government is remaining tight lipped about the king’s action.
Kaniva News has asked the Chief Secretary and Prime Minister whether they have received the king’s memo.
In an interview with Broadcom Broadcasting this morning, Deputy Prime Minister Samiu Vaipulu did not deny the existence of the memo. However, he repeatedly refused to answer questions about the king’s withdrawal of his consent to the appointments.
He said Cabinet was working on a response and would release a statement later.
Hon. Vaipulu said the PM was currently overseas.
The PM’s nomination of a new Minister of Fisheries has yet to be appointed.
The King can only revoke a Minister’s appointment if he has been advised by the Prime Minister according to Clause 51 of the Constitution.
Kaniva comment
Hon. Fekita Utoikamanu was appointed from outside Cabinet. It is unclear how she would be affected by the King’s decision. There appears to be no clause in the Constitution allowing His Majesty to withdraw his appointment of any minister after their appointment.
The question is whether Hon. Utoikamanu would remain as Minister despite the king’s withdrawal of his approval.
The fact that the King withdrew his consent following the advice of the Privy Council will also re-awaken concerns raised as far back as 2017 about the role of the king’s counsellors.
Prime Minister Hu’akavameiliku. Photo/Screenshot (Radio FM87.5)
The then Justice Minister Vuna Fā’otusia said decisions made by Parliament were sometimes vetoed by His Majesty because of advice from the Privy Council.
He said the members of the council were not chosen by the people.
It is about a decade since lawyer Peter Pursglove said that Tonga’s 2010 constitution was the poorest among all Commonwealth countries. He made suggestions to improve it, but progress had been stalled. Pursglove expressed concern about the role and the establishment of the privy council.
For more information
Health Minister departure another blow to PM as king yet to appoint Cabinet ministers nominated in July
Dr Siale ‘Akau’ola has been appointed as Tonga’s new Minister of Health.
Dr Siale Akau’ola
He is the former CEO for Health.
The appointment was marked at a ceremony this afternoon.
The Chief Secretary and Secretary to the Cabinet, Mr Paula Ma’u, handed over appointment documents and signed up the new minister.
Dr ‘Akauola and his wife posed for photos holding his appointment certificate.
He was CEO for Health for four years. Last year he marked 37 years as a civil servant with the Ministry of Health.
Dr ‘Akauola was at the forefront of Tonga’s fight against Covid-19 and oversaw the installation of a testing laboratory funded by India. He pushed for widespread vaccinations and set an early target of 70% immunisation.
He replaces Dr Saia Ma’u Piukala who took up a new position as regional director for the World Health Organisation in the Western Pacific.
Dr Piukala’s resignation has triggered a by-election.
He has nearly three decades of experience working in public health in Tonga and across the region in areas including chronic diseases, climate change and disaster response.
A number of Cabinet appointments have yet to be ratified by the king.
Last year the Prime Minister said he had nominated a new Minister to replace former Minister of Fisheries Semisi Fakahau. That nomination has yet to be ratified by the king.
Reports at the time suggested the Prime Minister had also nominated a replacement for the Minister of Police.
Kaniva News has previously contacted the Prime Minister for comment.
Speculation and controversy surrounds a proposal to construct a luxury centre on royal land in Tonga.
TDB’s building project conceptual designs. Photo/Facebook (TDB)
It has been claimed that a proposal was first raised last year by the Low Company, which sought funding from the Tongan Development Bank. However, the owners of the Cost Low supermarket are in now dispute with the Tonga Development Bank since the project at Tufumāhina, where the king has an estate, has apparently stalled.
Now the TDB has announced the construction of a luxury resort on royal land at Polata’ane. It did not say who was going to construct the project, but the TDB appears to be claiming credit for the project.
According to a report by the Tongan Independent the Cost Low Company has filed an application for an Injunction on a Mortgage Notice issued by Tonga Development Bank.
The dispute appears to date from a meeting in March last year between Tonga Development Bank CEO Emeline Tuita and the head of Royco Group, owners of Cost Low, Charlotte Cocker Tu’i’ile’ila. Cost Low had secured a government construction contract in Tufumāhina. It is understood Cocker wanted to refinance Cost Low, requiring financial support from TDB.
The Independent reported that the proposal involved merging the Royco Group’s debts into a new entity for the project with the bank owning 80% and Cost Low owning 20% to clear Costlow’s debts. The Independent said the decision was officially confirmed in a letter from TDB’s CEO to Royco Group’s directors on March 20.
On March 26, TDB invested $2.184 million into Cost Low. However, on March 27, an unexpected delay occurred when Mrs. Cocker’s accountant came to execute share transfer documents for the new SPV. There was still no progress by April.
Cocker claimed there had been a serious breach of confidentiality related to Cost Low’s banking affairs. She claimed a third party has been making enquiries regarding the contract held by Cost Low.
Cost Low’s legal representative sent letters to the Reserve Bank on April 12, alerting them to the confidentiality breach.
The independent claimed there had been no official response, but on August 8 the Development Bank issued a Mortgage Notice, alleging defaults on securities and saying it intended to take possession of Cost Low’s property.
An internal National Reserve Bank of Tonga document seen by Kaniva News appears to show it was concerned at the amount of the TDB’s exposure to debt totalling $TP6.6 million through the Cost Low loan.
It said the TDB’s liquidity rate had fallen for, among other reasons, the acquisition of Cost Low assets and development rights at the Tufumāhina property.
The NRBT report said decisions around the Cost Low loan had been taken “without due diligence to protect TDB’s interests.”
According to the former editor ofKele’a newspaper, Mateni Tapueluelu, Cost Low has taken legal action against TDB’s CEO Emeline Tuita. Cost Low has accused the bank and CEO Tuita of failing to perform their duties under an agreement to process a loan to fund the Special Project Vehicle (SPV) to consolidate the Cost Low and Royco businesses.
Tapueluelu named the first plaintiff is Cost Low director Charlotte Jane Cocker Tu’i’ile’ila, and the second plaintiffs are Cost Low Company Limited, Tuapasio Nufahu Tu’i’ile’ila and Royco Developments Limited.
Tapueluelu said that according to the statement of claim, Cocker submitted her business plan to the TDB and told the bank the royal estate agent had approved in principle the company’s application to lease lands at the king’s estate at Matatoa for 70 years. The lease value was $TP6 million and this was part of the company’s loan.
It was alleged that the bank had paid the $TP6 million lease to the king from the bank and not from Cost Low, which had applied for the loan. Tapueluelu said the kings’ agent said the payment should have come from Cost Low, not the bank.
It also showed CEO Tuita of the bank insisted the payment was still from Cost Low but since the bank would have shares of 80 percent in the SPV the bank could issue the payment directly to the king.
However, lawyer Edwards for the plaintiffs argued that the Cost Low loan was no longer being processed. He said the plaintiffs had told the bank the project would be in three phases including three two – storey buildings and, in another phase, a convention centre and other accommodations to be leased out to the government.
However, the TDB’s lawyer, Teimumu Tapueluelu, said the deal had not been approved and the bank has a legal obligation to seize any securities or properties to cover overdue debts.
The plaintiffs’ lawyer has argued the agreements and mutual understanding between the bank and the plaintiffs caused the plaintiffs to begin working on the project and that should be regarded as a mutual agreement.
This month the Tongan Development Bank announced plans to build a luxury centre at Polata’ane, in the royal estate.
The bank said the project would include a conference centre, a restaurant, two luxury villas with 23 apartments and a swimming pool and bar.
The TDB describes the centre as a turnkey project due to be completed by June 2024. It has not said who will build the project, but appears keen to take credit for it.
The bank’s press release said: “The fence has been erected and the timbers have been put up! They show that great work is imminent.”
Fakafanua said the by-election would be held on Thursday 28 March 2024.
The by-election is called due to vacancy in the parliamentary seat for Vava’u 14 after their Representative, Hon. Saia Ma’u Piukala, resigned from his seat, on January 26, 2024.
The Speaker of the Legislative Assembly of Tonga received the resignation letter from the People’s representative for Vava’u 14, Dr. Piukala last Friday, January 26, 2024.
Hon. Piukala was confirmed last week as the WHO Regional Director for Western Pacific after he was elected by the WHO Regional Committee for the Western Pacific. Dr. Piukala is the first Pacific Islander to take the role.
Hon. Piukala was first elected to Parliament in 2014, and re-elected in the 2017 and 2021 general elections. He served as an MP for a period of ten years and 26 days.
The date for the by-election to elect the Representative for the People of Vava’u 14 was confirmed today after consultation between the Lord Speaker of Parliament and the Chairman of the Electoral Commission, the Rt. Hon. Lord Dalgety K.C, as required by the Legislative Assembly Act.
The Legislative Assembly will reconvene on February 12, 2024.
Police Commissioner Shane McLennan has expressed disappointment after he discovered the identity of a senior police officer he had suspended had been shared online.
A Tongan Police officer. Photo/Kaniva Tonga
Mr McLennan reminded the online community the importance to prevent undue prejudice to a person before the prosecuting authority decides to prosecute.
He has asked online users to remove the officer’s name and details.
He said a senior police officer had been suspended in the past week for some alleged workplace behaviours, and there is a current internal investigation being conducted by our Professional Standards Unit into that officer’s behaviour and into the circumstances where these behaviours have occurred.
Depending on the outcome of this investigation, internal disciplinary charges and/or criminal charges may eventuate, he said.
It is therefore incumbent on all parties, particularly those posting on social media, to allow any investigation and subsequent matters to take course in a manner which does not jeopardise future legal proceedings.
“I was disappointed to learn that the suspended officer has been identified and ridiculed via social media posting.
“I ask those posting and sharing such material to reconsider their actions and it would be most appropriate to remove the officer’s name and identifying details. Everyone is entitled to a course of natural justice.
“I can advise that the welfare of members affected by the alleged behaviour is also being attended to.
No workplace is perfect, and Tonga Police strives to make our workplaces safe for all our staff.
“Accordingly, I recently circulated an ALL-STAFF email to raise this matter so that we can all collectively take responsibility and address any unwanted or bad behaviour in the workplace.
I want to thank my staff within Tonga Police for the work they do every day and night to keep our communities safe”.
A man has died after falling down a cliff in the island of Tofua, Ha’apai.
Nuku’alofa Central Police Station. Photo/Kalino Lātū
The 44-year-old man from Fatai, Tongatapu tragically fell off the cliff before he died, the Police said.
The depth measurement of the cliff had not been revealed.
The deceased has been an occupant for over a decade at Tofua island for planting kava crops.
On the day of the tragedy, a witness said that the deceased heard someone calling from below the cliff that he went to check.
Unfortunately, he accidentally fell off.
A call for assistance to the Town Officer of Kotu was made around dawn of Saturday, 27 January through a VHF radio transmitter, which was received by the Town Officer of Matuku, who relayed the message via mobile phone to the Town Officer of Kotu.
Three men were then sent to Tofua island to assist.
At around 1.00 pm, Saturday, 27 January, the three men returned to Kotu with the deceased’s body, which was then further transported to Ha’afeva to be examined by a medical doctor.
Due to the state that the deceased’s body was in and the bad weather conditions, the doctor and the Ha’afeva District Officer decided that it was best to bury the deceased immediately.
Police investigations into the matter continue in order to produce reports for his formal inquest.
Tonga Police would like to send their condolences to the family.
Contact Police on phone 740-1630/740-1632 or 922 to report crime.
