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Lawyers ask king to revoke appointment of Lord Afeaki as acting Lord Chief Justice

By
Kalino Latu
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Tongan lawyers, including senior legal figures Sifa Tū’utafaiva, William Clive Edwards Snr and New Zealand based Tongan lawyer Nalesoni Tupou have called on the king to revoke the appointment of lawyer and Privy Council’s Lord Chancellor Tavake Afeaki as Acting Lord Chief Justice.

King Tupou VI Photo/File photo

The appointment has been made to fill the gap left by Lord Chief Justice Michael Whitten’s absence on holiday in Australia.

The lawyers said they wanted Lord Afeaki’s appointment as Acting Lord Chief Justice revoked and the traditional process of appointing the Senior Justice from the Supreme Court as the acting Lord Chief Justice be maintained, according to a copy of the petition. seen by Kaniva News. 

The Senior Justice in the Supreme Court is Hon Justice Niu who the petitioners said had demonstrated competency, fairness and loyalty to the application of the rule of law and justice.

Kaniva News understands the lawyers are concerned about whether Lord Afeaki has sufficient legal experience to hold such an important position. Their petition to the king also raised serious concerns about the role of Lord Dalgety in the process.

Tavake Barron Afeaki

“The appointment of the Acting Lord Chief Justice Afeaki has been made on the advice and recommendation of the Judicial Panel,” the petition said.

“The Panel consists of the Lord Chancellor, Lord Chief Justice and the Law Lords.

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“Lord Afeaki is the Chairperson of the Panel who has, through the assistance, support and promotion by Lord Dalgety, elevated himself to the position of Acting Lord Chief Justice.

“The appointment is tainted with cronyism, personal interest and self-promotion within the Panel. There is a conflict of interest with the Chairperson appointing himself to the position of Acting Lord Chief Justice.

“The Panel is established to consider suitably qualified and appropriate candidates for judicial office and is not established for the promotion of its members to the Judiciary. The decision is not transparent and is wrong.

Lord Dalgety of Sikotilani

“We are dissatisfied with the interference and influence that Lord Dalgety purports to exercise in the appointment of the Acting Lord Chief Justice.”

In an e-mail seen by Kaniva News, Edwards said members of the Law Society were concerned with the principle and the manner in which Afeaki had been appointed as Acting Lord Chief Justice.

“We do not believe that the Panel should promote their own Chairman as the Acting Lord Chief Justice,” Edwards said.

“That appointment raises a number of issues. The Panel is there to consider and recommend suitable candidate, but not to consider themselves first and to promote themselves to high judicial offices in Tonga.”

The submission has again brought to light the problems which were found in a  review  that the current system is unworkable and incompatible with the principles of constitutional monarchy and democracy.

The king’s Judicial Appointments and Discipline Panel  of which Afeaki was the Chairman, makes recommendations about judicial appointments to His Majesty. This system has been heavily criticised as undemocratic. Now there seems to be also a conflict of interest surrounding this and it opens another opportunity for critics to attack the system, which the Pursglove review in 2014 described as the poorest among the Commonwealth countries.

Kaniva News has contacted Lord Dalgety and asked him to comment on the petition. We are awaiting a response.

FAKAMATALA FAKATONGA

Kuo tohi e kau loea ki he tu’i ke fakafoki hono fokotu’u ‘o Loea Tavake Afeaki ki he lakanga ‘Eiki Fakamaau Lahi Le’ole’o’ he oku fepaki heni ‘a e fiema’u he’ene toe fokotu’u pe ‘e ia ia ki he lakanga mahu’inga taha eni he lao ‘o e  fonua’. Ko e fatongia e pēnolo’ ke kumi ha taha taukei fe’unga ki he lakanga’ ka ‘oku ‘ikai ko ‘enau toe fokotu’u pe ‘e kinautolu ‘a kinautolu, ko e lau ia ‘a e kau loea’. Nau toe hoha’a foki pe ko e ha ko ā e taukei fakalao a e tama ni ki he lakanga mahuinga ko eni. Tukuaki’i ‘a Looti Dalgety ki he’ene hūhū holo ke teke ‘a Afeaki ki he lakanga he ko kinaua ne na ‘i he kautaha vaka Shipping ‘o mole ai ‘a e MV Ashika pea ko eni ‘oku na i he Fakataha Tokoni’. Ko e taha eni e me’a ne fai ‘a e manavasi’i ki ai he oku ‘ikai taliui e penolo ia ‘a e Tu’i ki ha taha kehe pea ‘e fakatu’utāmaki fau ‘enau ma’u e fu’u mafai ke alasi e Fakamaau’anga’. Ko e palopalema eni ne tu’unga ai hono feinga’i ke fakatonutonu e konisitutone mohu palopalema ne fai’aki e liliu 2010 pea ne ‘osi lea ki heni ‘a e pule’anga ‘o Tu’ivakanoo’ pea pehe ki he pule’anga ‘o ‘Akilisi Pōhiva hili ha ha’u ‘a ha mataotao ki Tonga he 2014 ‘o vakai’i e konisitutone ko eni pea ne pehe ko e konisitutone ma’olalo taha ia he Kominiueli ‘a ‘eni ‘oku tau palopalama ai ko eni. Oku tukuaki’i foki ia ko e konisitūtone ko ‘eni ne lahi fa’u pe ia Looti Dalgety ‘o ‘ave ‘o fakapaasi i Fale Alea he pule’anga ‘aho ko ia kae tuku e konisitutone ia ne fokotu’u atu mei he kōmiti ne nau savea’i e loto e kakai’ ke fai’aki ‘a e liliu.

 

Vaccination to be mandated for workplaces requiring certificates for entry

By
Kaniva Staff
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By RNZ.co.nz. Republished with permission.

Prime Minister Jacinda Ardern has announced vaccination will be mandated in any workplace that requires a certificate of vaccination for entry.

Watch the announcement here:

Last week the government announced details of its Covid-19 Protection Framework last week, involving the roll-out of a ‘traffic-light’ system once all DHBs hit 90 percent full vaccination rates.

Ardern told media the government wanted everyone to move towards the new system announced and urged vaccination rates to increase.

She said this was the “best way to give certainty to business and to our communities”.

“We need to ensure vaccination rates lift. So please don’t wait until cases come to your town or your city, get vaccinated now,” she added.

Under the new traffic light system, hospitality, hair dressers and gyms can operate at all levels if they ask customers for vaccine certificates.

The government had already mandated vaccinations for people working at the border, and in the health and education sectors.

“If customers must be vaccinated, then so too, must the workers,” she said.

“The timing of this coming into force will depend on when we move to the Covid-19 Protection Framework.”

Ardern said the requirement would ensure staff and customers were treated equally, and it would play a “big part in helping to minimise the spread of the virus in the highest risk venues by reducing the potential for Covid to enter the business”.

The prime minister rejected suggestions the new requirement constituted government overreach and said the move had a public health basis, which balanced the rights of workers with the rights of business clients.

What was announced

  • Vaccination will be required for all workers at businesses where customers need to show COVID-19 Vaccination Certificates, such as hospitality and close-contact businesses
  • New law to introduce a clearer and simplified risk assessment process for employers to follow when deciding whether they can require vaccination for different types of work
  • Non-vaccinated workers in roles requiring vaccination will be given a new four-week notice period to get vaccinated before employment can be terminated.
  • Employers to be required to provide paid time off for workers to get vaccinated and will need to keep records about workers’ vaccination status

Minister for Workplace Relations and Safety Michael Wood told media the move was part of a range of measures to help protect workplaces and workers from Covid-19.

A new four-week notice period will apply to mandated employees who refuse to get vaccinated if their employment is terminated.

“Our law change will require a minimum of four weeks’ paid notice for any employee who loses their job because they are not vaccinated,” he said.

“This change will only apply to employees who do not have a notice period, or whose notice periods are shorter than four weeks. Most employees will have notice periods in their employment agreement.

The new announcements were geared towards giving clarity to businesses, he said.

“A number of businesses have already gone through a risk assessment process to mandate vaccinations at their workplace, but we’ve had calls from both businesses and unions to make this process as clear as possible. That’s why we will introduce a risk assessment process in law for employers to follow when deciding whether they can require vaccination for different types of work.

“We know though that many businesses and employers who are not covered by vaccine certificates want greater clarity on whether they can mandate vaccines. This process will provide businesses with a clear and simplified legal framework to make decisions about requiring staff to be vaccinated or not.”

Employers will be required to keep records about workers’ vaccination status. Wood said MBIE would work with the Office of the Privacy Commissioner to provide practical guidance on how to ensure workers’ records were handled appropriately.

Current orders in place covered 15 percent of the workforce, the minister said.

“Our estimate is that those workplaces covered by Covid vaccine certificates are potentially around about 25 percent of the workforce,” he said.

“So, that would bring it to about 40 percent in total, noting that other workplaces would still have access to the simplified risk management framework.”

Those who may lose their jobs due to the vaccine mandates would still be able to access government support, Ardern confirmed.

“Your ability to access for eg an unemployment benefit or to seek support in finding new employment is not, and will not be affected by your vaccination status,” she said.

Vaccine certificates would not be used in places like supermarkets, or to access health services.

“We do not want people who are not vaccinated to be precluded by accessing the basic necessities of life – food, health care and so on,” she said.

Retail businesses did not need vaccine certificates, but there was a process they could go through to adopt a vaccine mandate for their staff, she added.

Wood said ministers would now be looking at extending vaccine mandates over the coming weeks, which could cover government services like Winz and MSD.

He said the government would make it clear to businesses when it would be reasonable to make vaccination a condition for employment. It would depend on the degree of interaction with customers and a “small number of other criteria”.

The Prime Minister said she foresaw a time when vaccine certificates would not be required, once vaccination rates were higher.

Vaccine certificates would be piloted during November and would be ready before Auckland moved into the new framework, she said.

Video shows Chief Secretary falling to floor as onlookers restraining Prince Tu’ipelehake

By
Kaniva Staff
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A shocking video shows the moment onlookers are forced to restrain what appeared to be His Serene Prince Tu’ipelehake while the Chief Secretary and Secretary to Cabinet Edgar Cocker is seen rising from the floor.

Chief Secretary is seen kneeling on the floor while some bystanders are restraining the Prince (Right).

Footage shows Cocker was standing up with the help of another man and slowly moving towards the prince who was being physically controlled by some bystanders.

Reports alleged the duo were involved in an altercation.

There were no reports of injuries.

It is believed the footage was shared online by an eyewitness.

Cocker was contacted for comment while the prince could not be reached for his side of the story.

Viewers were quick to express their concerns at what they have described as an unacceptable attitude coming from some of the top leaders of the country.

Within 10 hours since the clip was shared to Facebook it has garnered 300 shares, 90 comments and 300 reactions.

“They let down the government,” a commenter wrote on Facebook.

“That’s politics,” one wrote.

The shocking footage was uploaded to social media after the incident which is reported to have happened at one of the bars in Nuku’alofa.

Kaniva News was unable to independently confirm the authenticity of the video clip.

Drug lord’s arrest a reminder of Tonga’s relationship with South American smugglers

By
Kalino Latu
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The arrest of Columbian drug leader  Dairo Antonio Úsuga, known as Otoniel, has re-opened deep seated concerns about Tonga’s links with South American drug cartels.

Colombia’s most-wanted drug trafficker “Otoniel” has been captured, officials said on Saturday, a major victory for the government of the world’s top cocaine exporter.

The world now is watching whether Otoniel’s arrest will reduce smuggling of the drugs to the Pacific hubs.

Tonga remains a hub for cocaine and methamphetamine distribution, with drugs brought in from Peru, Venezuela and Colombia. The drugs are then transhipped to Australia, New Zealand and China.

Speaker of the House Lord Fakafanua said there was growing evidence that Tonga was a key stopover on international smuggling routes, bringing drugs to Australia and New Zealand.

Tonga vs Columbia 

Tonga’s Colombian connection was first revealed in 2011 when Australian police revealed that an international crime syndicate headed by Colombians allegedly bribed a former Speaker of the Tongan Parliament as part of a plot to import tonnes of cocaine into Australia.

The Australian Federal Police (AFP) uncovered a global trafficking operation that allegedly used yachts to sail cocaine from South America to Tonga.

Former Speaker Lord Tu’ilakepa wrote that he would ”guarantee that I will be providing the necessary housing and financial support to this person [Gomez] and take full responsibility for him during the duration of his stay”. Photo/Fale Alea ‘O Tonga (Cropped)
Police alleged that in 2010 the syndicate bribed the then Speaker of the Tongan Legislative Assembly, Lord Tu’ilakepa, who is now Tonga’s Minister of the Ministry of Agriculture, Food, Forests and Fisheries (MAFF) to sponsor a Colombian drug boss to come to the Pacific island.

The AFP said the drug boss, Obeil Antonio Zuluaga Gomez, wanted to direct an operating hub from Tonga and oversee cocaine shipments.

In August this year Tongan police charged more than 20 people after cocaine packages washed up on beaches on Vava’u.

Police seized more than 14kg of cocaine with an estimated street value of US$2.2 million or TOP$5 million.

RNZ reported that the cocaine packages looked similar to those that were found in Vava’u in 2012 on the wrecked yacht JeReVe.

Vava’u is regarded as  a popular destination for yachties. The police felt that the cocaine was anchored there in Vava’u to hide and that locals would find it and bring it onto the land.

The drugs found in Vava’u is believed to have come from Columbia.

His Majesty concerns

Drugs have become a major issue in the kingdom, with His Majesty criticising Parliament for not doing enough.

In August Tonga’s Parliament proposed making serious drug offences punishable with death.

The proposal would have applied the death penalty for trafficking more than five kilograms of Class A drugs or multiple drug offences involving minors.

Tonga retains the death penalty for murder and treason.

Drug smuggling is a problem across the Pacific, with drug seizures in French Polynesia, Fiji and Executive director of the Pacific Islands Chiefs of Police network Glyn Rowland said recently the Covid-19 pandemic had affected drug routes in the Pacific.

“Certainly, for our young people, unemployment and poverty is a challenge right now because of the pandemic and that makes them quite vulnerable to recruitment into organised crime gangs and facilitating drug movements,” Mr Rowland said.

 

Supreme Court rejects Taliai’s $220,000 contractual back pay claim

By
Kaniva Staff
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The Supreme Court has saved Tonga government an estimated TOP$220,000 in potential back-pay claims after it dismissed a lawsuit by the former government project manager ‘Ikani Taliai.

‘Ikani Taliai

Justice Niu ruled that he cannot direct the government  to pay Taliai the money he had asked for because he did not perform any service according to his obligations laid out under the contract.

Mr Niu, after hearing from both legal counsel parties, agreed that Taliai’s contract was duly “approved” in accordance with the Public Procurement Regulations.

However, he said Taliai has “rendered no service under the contract and yet he claims payment of those unrendered services, at least of the 5 months for which he issued his invoices, and now claims the payment for the remaining 8 months as well in his present claim”.

The court was told Taliai was contracted by the Ministry of Internal Affairs, as project manager for the Sports Reform and Commercialisation Project.

It was agreed that his previous two-year appointment be extended for another year, but at a reduced base fee of $140,000 for that one year, commencing on 1 September 2019. The base fee to be paid monthly in advance in the sum of $11,666.67 within three business days of receipt of an invoice for the same.

Taliai sent invoices to the Ministry but had never received any payment.

“He therefore claims damages for breach of contract against the defendants jointly and severally in the sum of $140,000 and general damages in the sum of $80,000”.

In his conclusion, Mr Niu said: “ I must therefore come to the conclusion that the claim of the plaintiff cannot be sustained.

“He has claimed specific performance of the contract, that is, that this Court orders the first defendant to pay him for the 4 months for which he had issued his invoices, and to order the first defendant to pay him for the remaining 8 months.

“Specific performance is an equitable remedy and equity requires that a person “who seeks  equity must do equity” and that a person “who comes into equity must come with clean hands”. A person who has not performed his part of bargain cannot ask that the other person be ordered to perform his part instead.

The plaintiff has failed to prove that he had performed his obligations under the contract, or that he had been prevented by the defendants from performing his contractual obligations”.

Covid-19 update: 109 new community cases

By
Kaniva Staff
-

By RNZ.co.nz. Republished with permission.

There are 109 community cases of Covid-19 reported in New Zealand today.

Of the new cases 103 are in Auckland, 4 are in Waikato and there are two new cases in Northland.

As at 10am, 47 of these cases were linked and 62 remain unlinked, the Ministry of Health said in a statement.

There are 35 people in hospital, down from 50 yesterday. Of those in hospital, 7 are in North Shore, 13 in Middlemore, 14 in Auckland, and 1 in Waikato.

In the last 24 hours, 24,343 tests have been processed.

Blenheim case

The ministry has confirmed the case who recently travelled to Blenheim spent the night at a residential address in Tokoroa before flying from Rotorua Airport.

Residents in Marlborough, Nelson and Tasman with symptoms, even if they are mild, are asked to be tested despite vaccination status.

The ministry says people living in Tokoroa and Nelson, Tasman and Marlborough, in particular are asked to monitor the locations of interest.

Public Health officials are investigating whether there are any potential exposure events in the area, associated with this case.

Testing is available today and tomorrow in Blenheim at Horton Park, off Redwood Street until 5.30pm, in Nelson at the Saxton Field parking area in Suffolk Road in Stoke today and tomorrow until 4pm.

New Waikato cases

There are two new cases in Waikato other than the two Ōtorohanga cases first reported last night. One of the new cases is in Hamilton and one in Te Awamutu/Kihikihi.

They are known contacts of existing cases.

Anyone in Waikato with symptoms, or who may have been in contact with a case, is urged to get a test.

Ōtorohanga cases

Last night, the Ministry of Health also reported two new cases of Covid-19 in the Waikato town of Ōtorohanga and that early indications were they were close contacts of a previously confirmed case from Te Awamutu.

The ministry says they are now isolating locally in dedicated accommodation, with public health oversight.

Yesterday 80 community cases of Covid-19 were reported, but prior to that cases had been in the triple digits for three days with 104 community cases reported on Saturday, 129 cases on Friday and 102 cases on Thursday.

Of yesterday’s 80 cases, 25 have exposure events.

Tongan coach who died at sea remembered as ‘a giant of the Waka Ama’

By
Kaniva Staff
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Kafoa Latu was a coach at Portage Crossing Outrigger Canoe Club.

The death of the Tongan coach at Auckland’s Portage Crossing Outrigger Canoe Club devastated the canoe racing community in Auckland.

Kafoa Hala Latu, was laid to rest after his body was recovered from the water off Waikowhai Beach on Auckland’s Manukau Harbour on Sunday 10.

Known as a successful paddler, a soccer and tennis player and was also a Surf Life Saver,  he had been a coach for the club since 2014.

Latu also co-founded the Tu’i Tonga Canoe Club in Hawaii before moving to New Zealand more than a decade ago. He was a huge supporter of the Tu’i Tonga Mafua team in Tonga, investing both his time and money in the team.

In a bereavement  note by the club it said:  “It is with immense sadness that Portage Crossing Canoe Club announces the passing of our beloved gentle giant, our huge-hearted man mountain, our larger-than-life-itself guy with the loudest laugh, Kafoa Hala Latu – aka Coach!

“We will miss you heaps, Coach. Toka aa ihe nonga moe fiemalie”.

Another tribute said:

“Friends, Family and loved ones are extremely sad and currently grieving as the news of Kafoa Hala Latu death was made known to the public.

“We hope this living tribute will bring comfort to you and your family.”

Justice Minister Sāmiu Vaipulu sues anti-drugs campaigner for defamation

By
Kaniva Staff
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The Minister of Justice  Sāmiu Vaipulu is suing Anti-Drugs campaigner Afemeimo’unga Hola over a Facebook livestream post  that he claims has defamed him.

Hola alleged Vaipulu has been one of drugs ring leaders in Tonga.

The Minister and MP for Vava’u 15  had described the allegations as lies and is suing Hola for TOP$10,000.

The legal action came after Princess Pilolevu and Lawyer William Clive Edwards Senior sued Hola for $10,000 each for the same allegations.

Hola has been widely supported and he recently received TOP$22,000 to pay for his lawyers and legal fees.

Hola has been the centre of media attention this year as a former user who has become an anti-drugs campaigner, working with school children and warning them of the evil nature of the trade.

He has been described as the first major crusader against drugs in Tonga

However, he has also been a divisive figure and has received death threats following his allegations. One person from Tongatapu, threatened to kill a member of his family. Another, apparently living in Hawai’i, went online and threatened to send hitmen after him.

It has been claimed that both people were royalists.

Despite initially vowing to kill the person in Tongatapu, Hola later said he had forgiven him.

The threats were made in the wake of Hola’s claims about Princess Pilolevu.

Princess Pilolevu’s two sons-in-law, Sione Filipe Jr and ‘Epeli Taione have been arrested and charged in relation to illicit drugs. Taione, who was charged with possession of Class A drugs, received a 12-month suspended imprisonment sentence early this year.

Hola is expected to re-appear in court on September 24.

He has been banned by the courts from using Facebook and the internet because his case is before the magistrate’s court.

Father in court after son died after falling from moving vehicle in Tongatapu

By
Kaniva Staff
-

A father is expected to appear in court tomorrow Monday 25 after his 7-year-old twin son who fell from a moving vehicle died, local news media reported.

Va’ati Vailea, 36, who had been driving the vehicle, was charged with criminal negligence causing death. However, police reportedly said they were considering dropping the case due to the nature of the incident.

It has been reported the deceased and his younger twin were sitting at the back of the vehicle before he fell and died on October 2.

The family have lamented their loss on Facebook.

“My heartbeat,” a post which appeared to have been posted by one of the parents says.

“I will never ever forget you.”

Covid-19 update: 80 community cases reported in NZ today

By
Kaniva Staff
-

By RNZ.co.nz. Republished with permission.

There are 80 community cases of Covid-19 reported in New Zealand today – 77 in Auckland, two in Waikato and one in Northland.

There were also five cases reported in managed isolation.

There was no media conference today. In a statement, the Health Ministry said 46 of today’s cases are unlinked. There are now 287 unlinked cases from the past 14 days.

There are 50 people in hospital, including four people in intensive care. The Ministry said the average age of those in hospital is 44.

Yesterday the Ministry of Health reported 104 community cases of Covid-19.

The two new cases in Waikato – one in Te Awamutu and one in Hamilton – remain unlinked, along with five other cases in the region.

The Ministry said the Waikato DHB was continuing to carry out testing throughout the region, to help determine any undetected community spread of Covid-19.

“We are urging anyone in Waikato – in particular, people in Te Awamutu – to get tested if they have any symptoms that could be Covid-19.”

One of yesterday’s cases was in Blenheim. The person tested positive after arriving on a flight from Rotorua via Wellington. This is the first community case of Covid-19 in the South Island since the current outbreak began.

The Ministry said today that the Covid-19 positive case in Blenheim is unvaccinated, but that two household contacts have returned negative results.

The Ministry is still asking residents in Marlborough, Nelson and Tasman with symptoms – no matter how mild – to get tested, even if they are vaccinated.

The new Northland case reported today is linked to the four cases already confirmed in the region.

“This individual was tested as a close contact of the previous cases confirmed yesterday.”

Until today the number of community Covid-19 cases reported has been in triple figures for three days running, with 129 cases reported on Friday and 102 cases on Thursday.

There have now been 2572 cases in the current outbreak, and 5278 since the pandemic began.

There were 42,482 vaccinations given yesterday – 11,777 first doses and 30,705 second doses.

“It remains our number one protection against Covid-19,” said the Ministry. “The Pfizer vaccine is safe, will help stop you getting seriously ill, and could save your life.”

The next media conference will be held on Tuesday.

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