The Supreme Court has dismissed an application by a couple to have an
order against them by the ANZ bank set aside.
In May 2009 the court ordered
that Talifolau and Jacinta Koto pay $70,702.80 plus interest at 12.25% per
annum and $19,893.78 plus interest at 17.75% per annum.
The judgements were made with regard to an unpaid housing loan.
The couple claimed that in 2005 they borrowed $45,000 from the ANZ to
pay off a housing loan with the Reserve Bank of Tonga and a personal loan from
Westpac.
They claimed the ANZ had charged an extra $20,000 to their housing loan which
they say they never received.
They said they were unaware of the addition until they were served with
a default judgement in 2009.
The ANZ denied the claim and said the Kotos had applied for the
additional funds and used for kitchen renovations.
Judge Niu said he was satisfied the couple had received the money and
were aware of the increase in their loan.
“I consider that they have no justifiable basis to make this application
and I accept that they were and are aware that they do not,” the judge aid.
“Accordingly I order that the application to set aside the default is
dismissed.”
A man has been given a suspended prison sentence for causing
the death of a five-year-old boy while trying to cross from the other side of a
road in Tatakamotonga.
Simi Moala, 28, was driving a light open van at speed of between 50 and 60 mph before he overtook two motor vehicles in front of him before fatally hitting the boy last year.
Moala admitted causing death by careless driving at earlier hearing.
Supreme Court Judge Laki Niu heard that the van experienced mechanical failure and Moala was speeding.
“You caused the death of the child. You caused it by driving
a motor vehicle which you knew had faulty brakes. You were overtaking and you
were travelling at a speed which was excessive for the brakes of the vehicle.
You knew you were in a village where people, and children, sometimes run across
the road.”
Mr Niu said Moala should have anticipated that kids may run across the road without warning.
“If both front wheels of your vehicle had stopped at the
same time and if your rear wheels also both stopped at the same instant as the
front wheels, as they ought to have done, there might not have been this death
of the child.”
Moala was sentenced to two years six months imprisonment for
reckless driving but that sentence is fully suspended for two years upon the
following conditions:
He was ordered to carry out 45 hours of unpaid community work.
He was ordered not to commit any offence punishable with
imprisonment during the period of his suspension.
Mr Niu said Moala cooperated with police and he was remorseful and felt sorry that he had killed the child.
“You even asked that the child’s family forgive you for what
you had done.”
The father of the 20-year-old man who died after preparing
kava during a kava session at Popua last month is still trying to come to terms
with his loss.
Ngalo’afē ‘Ulupano was scheduled to sail back from Hawai’i to Tonga when he received the devastating message his only son Makameone ‘Ulupano was dead.
Today Ngalo’afē shared photos of him with his family to Facebook with a caption saying this was the first Sunday they had meal without his son.
He previously wrote and lamented his son’s death saying
while he was in Hawai’i it was unusual for him to hear his son repeatedly asking
over the phone to let him know when he was going to arrive back in Tonga.
Ngalo’afē wrote and told his dead son their return had been delayed due to bad weather – (“natula” or mother nature)
He said this was why he could not make it to see him before
he died.
He believed God has taken his son because he idolized him and even at home he did not want him to be given any chores or household responsibility.
Ngalo’afē said he spent most of his time sailing since his son was born.
Ngalo’afē said he had purchased gifts for his son while he was in Hawai’i.
Makameone’s cause of death has yet to be officially released, but the family suspected he died of pneumonia after a fall at the kava session.
Makameone is survived by his parents and two sisters.
Prime Minister-elect Pōhiva Tu’i’onetoa believes allegations that his proposed cabinet was in disarray and had collapsed were an attempt at revenge by lawyer William Clive Edwards after he declined a request to make his business partner a Cabinet minister.
Hon. Tu’i’onetoa denied the allegations and said he was repeatedly told Edwards wanted Dr Viliami Lātū, also a former Cabinet minister and MP to be made a Cabinet minister from outside parliament.
Hon.
Tu’i’onetoa said he did not accept the request because his Party was looking
for someone with expertise in Health, so he elected the Nursing and Midwifery
head, Dr ‘Amelia Tu’ipulotu.
Hon.
Tu’i’onetoa said he felt Edwards was holding a grudge against him.
In Tongan he said: “Pea oku iai eku tui, oku ngali ita a Clive ai he ikai ke hu mai a hono friend ki loto.”
He said he had seen his lawyers to sue Edwards over the allegations.
As Kaniva news reported last night, Edwards and another political partner, Sione Teisina Fuko, made the allegations during their Fakafepaki’i E Faihala (Anti-Corruption movement) video programme which was posted to Facebook last week.
Edwards claimed the nobility members of the Party were disappointed after Hon. Tu’i’onetoa allegedly changed an alleged agreement without the nobles knowing about it. Hon Tu’i’onetoa denied this.
Edwards also said he believed the king would not approve the proposed cabinet. Tu’i’onetoa said the Clause 51 of the Constitution stipulated that the king appoints the Cabinet ministers at the recommendation of the Prime Minister.
Edwards and Fuko also attacked ousted MP ‘Etuate Lavulavu
with Fuko alleging Lavulavu was unpopular (“sino kona ki he kakai”) with the public.
They also alleged Hon. Tu’i’onetoa proposed appointing Lavulavu as governor of Vava’u, something Tu’i’onetoa has also denied.
Hon. Tu’i’onetoa said Edwards and Fuko’s video panel was an
attempt to get to the public first (“ha’oha’omu’a”) with the allegations to
discredit Lavulavu.
He described the accusations against him as blatant lies. Hon. Tu’i’onetoa said he believed Edwards was beginning a campaign for Dr Lātū before the 2021 general elections.
Dr Lātū versus Lavulavu
Dr Lātū and Lavulavu both came from Leimātu’a, Vava’u, a town in Tongatapu 16 constituency. Lavulavu defeated Dr Latu in the 2014 general election. Dr Lātū sued Lavulavu for election fraud and bribery. Lavulavu was convicted and eventually lost his seats as MP and Cabinet minister in 2016.
The by-election to elect an MP to replace ‘Etuate was won by his wife ‘Akosita Lavulavu. Again Dr Lātū was defeated.
The
main points
Prime
Minister-elect Pōhiva Tu’i’onetoa believes allegations that his proposed
cabinet was in disarray and had collapsed were an attempt at revenge by lawyer
Williams Clive Edwards after he declined a request to make his business partner
a Cabinet minister.
Hon.
Tu’i’onetoa denied the allegations and said he was repeatedly told Edwards wanted Dr Viliami Lātū, also a former
Cabinet minister and MP to be made a Cabinet minister from parliament.
For
more information
Tu‘i‘onetoa denies
Edwards’ allegations he breached agreements and People’s Party collapsed; legal
action imminent
Elected Prime Minister Pōhiva Tu’i’onetoa has vehemently denied allegations that he breached his alleged agreement with the nobility before he won the premiership.
He also denied claims his new People’s Party was in disarray.
Hon. Tu’i’onetoa described the claims as blatant lies and said
they were made to discredit the proposed cabinet.
The allegations were made by lawyer and former cabinet minister and MP William Clive Edwards Snr in a video panel he co-hosted with his political colleague, former MP and Cabinet Minister Sione Teisina Fuko. The 27-minute video was recorded in Tongan and posted to Facebook on Tuesday.
The allegations
Edwards alleged Tu’i’onetoa had caused problems by changing the agreement with the nobles.
He also accused Tu’i’onetoa of saying he did things as he please (“fa’iteliha pe ia”).
Edwards also alleged the Prime Minister-elect involved current
Minister of Trade and Economic Developments Dr Tu’i Uata in the Party and the
proposed government, even though the nobles did not want Dr Uata.
Edwards claimed this was a condition of the nobles’ support for Tu’i’onetoa.
Fuko alleged that Tu’i’onetoa proposed to appoint ‘Etuate Lavulavu
as Vava’u governor.
He questioned the grounds of the proposal when Lavulavu had been
disqualified from parliament since 2016.
Fuko accused Dr Uata and Lavulavu of not having the trust of the
public.
Edwards claimed the nobles complained to him after Tu’i’onetoa complimented Lavulavu in a dinner at Kahana after the premiership election without giving credit to the nobility and the independents for their support.
Edwards said in Tongan that the proposed cabinet collapsed
before its official appointment.
Fuko was also concerned at the appointment of ‘Akosta Lavulavu as
Minister of Infrastructure in the proposed cabinet because she had a fraud case
pending.
Tu’i’onetoa’s response
The Prime Minister-elect told Kaniva news the allegations were all untrue and there had been no such agreement with the nobles and the
independent MPs.
He said his lawyers had analysed the video before beginning
legal action against Fuko and Edwards.
Tu’i’onetoa said the People’s Party was still operating and
supported the proposed government.
He claimed Edwards and Fuko wanted the party to be in disarray and collapse because of a personal agenda.
He said there was too much hatred in politics and attempts to put personal agendas first, but the constitution laid out what should be done.
Tu’i’onetoa described Edwards’ claim that he complimented ‘Etuate without thanking the nobility members as blatant lie.
In Tongan he said: “ Ko e [toe] tukuaki’i ko ia ‘oku loi mo ia,
ko e fo’i loi ‘aupito ia.”
Tu’i’onetoa said he did not have dinner with the Party at Kahana
after he won the premiership election. The dinner at Kahana was held before the
premiership election.
He said the Party held a dinner after the premiership election at the Black Pearl and that was when he thanked the nobility party members by names for their support. He said he did not thank ‘Etuate personally on that occasion.
Tu’i’onetoa said Edwards should know the law better and understood that ‘Akosita was considered innocent unless proven guilty.
Governor appointment
allegations
Tu’i’onetoa said he did not have any plan to appoint ‘Etuate Lavulavu as Vava’u governor.
He described Edwards and Fuko’s allegations with the Tongan word “fakanāfala” – a slang coined for a hit by a batsman in cricket where he did not figure out a certain target for the ball.
Tu’i’onetoa said he was currently working on the proposed
cabinet’s election due process.
He would work on the appointment of governorships later.
The People’s Party
Tu’i’onetoa said two nobles were nominated by the nobility to
represent them in the setting up of the People’s Party. They were Lord Nuku and
Lord Tu’ilakepa.
From the people’s MPs they were himself, Hon. Vuna Fā’otusia, Hon. ‘Akosita Lavulavu and MP Vātau Hui. The Independent MP was Tēvita Lavemaau.
He said the agreement with the nobles was that they were given
three cabinet ministerial posts while seven ministerial posts were given to the
people’s MPs. He said two ministerial seats were set aside to be elected from
outside parliament.
But Minister of MEIDECC Poasi Tei later joined the Party, so he was given one of the two seats assigned for the two ministers outside parliament.
Hon. Tu’i’onetoa said the responsibility for electing and appointing of the cabinet minister was given by the constitution to the Prime Minister and king and no one else.
He said members of the People’s Party including constituents, town and district officers and church members helped the proposed cabinet’s public project priorities.
The main points
Elected Prime Minister Pōhiva Tu’i’onetoa has vehemently denied allegations
that he breached his alleged agreement with the nobility before he won the
premiership.
He also denied claims his new People’s Party was in disarray.
Hon. Tu’i’onetoa described the claims as blatant lies and said
they were made to discredit the proposed cabinet.
The
Tongan Supreme Court has issued an order prohibiting Tonga Ma’a Tonga Rugby
League and the Tongan government from governing rugby league in the kingdom.
The
government backed the Tonga Sports Council to run rugby league in Tonga.
The
ruling from Judge Niu comes after the Rugby League International Federation
suspended the Tongan National Rugby League.
The
RLIF suspended the membership of the TNRL on Thursday.
The
TNRL board has lost the support of key players including Jason Taumalolo and
Andrew Fifita after it sacked national coach Kristian Woolf.
Players
threatened to boycott upcoming tests against Australia and Great Britain unless
the Tongan league’s chairman George Koloamatangi and secretary William Edwards
were removed.
The
world league body is expected to endorse the Tonga Ma’a Tonga Rugby League,
which is backed by the Tongan Sports Council, and supported by players and
Tongan Government.
Australian
rugby league boss Peter Beattie wanted the TNRL to appoint a new board.
“It
is untenable for a national administration that doesn’t have the support of its
government or players to continue,” he said.
Beattie
has also opposed plans to offer a place on the Tongan team to Israel Folau.
However,
Judge’s Niu’s ruling has changed the situation.
According
to a copy of a court report seen by Kaniva
news, Judge Niu ruled that Tonga
Ma’a Tonga Rugby League and the Tongan government could not select coaches,
managers or staff of the TNRL team.
They
were prohibited from doing anything that might stop the plaintiffs – George
Koloamatangi, Petuliki Mafile’o and the TNRL – from governing rugby league in
Tonga.
In
his summing up of the case, Judge Niu said his decision could be appealed.
The
main points
The Tongan supreme Court has issued an order prohibiting
Tonga Ma’a Tonga Rugby League and the Tongan government from governing rugby
league in the kingdom.
The ruling from Judge Niu comes after the Rugby League
International Federation suspended the Tongan National Rugby League.
The late ‘Akilisi Pōhiva’s son Siaosi Pōhiva has vowed to fulfill his father’s political reform priorities to change Tonga’s executive government system into a full democracy.
Siaosi expected the majority of voters who supported his father during his more than three decades-long political career to vote for him.
Various
unofficial reports said the by-election will be held next month on November 28.
Meanwhile online political activists and their supporters have posted photos and
statements about the candidates they are supporting for the election.
Kaniva news has been unable to confirm whether Netatua Prescott and Dr Ofo Niumeitolu were running for the election or not.
Siaosi said
‘Akilisi had a dream that the people would
have the power to rule the country by changing the country’s political system.
He said his father wanted the change so that those at grassroots level could make decisions about how their taxes were spent.
Siaosi said behind the principle of democracy was the rule of the people by the people for the people and that the poor would be uplifted and looked after. This was what his father has envisaged.
Siaosi said his father once described himself to his followers as a shadow of his own political vision.
He said
Akilisi advised his followers to stick with the vision, not him. When he died
his shadow disappeared with him, but his vision lived on.
He said his
father established the PTOA party as a political device to unite his political
supporters and those who followed his vision.
He said most
people who voted for ‘Akilisi were members of the PTOA party and that was how
the party existed. There was no constitution for the party as Tonga had not
legalised the political party system.
Wasn’t
the 2010 political change what ‘Akilisi wanted?
Tonga had been ruled by the monarchy since 950 until 2007 when the late King George V announced he would relinquish his executive power to the people.
The royal proclamation came 20 years after ‘Akilisi and the democrats campaigned and called on George V’s father, King Tupou IV, to change the political system into a democracy.
The campaign
met with fury, repeated threats and hostility from the royals and their
supporters.
Siaosi said
his father was assaulted and hospitalised, sent to prison a number of times and
their family were ridiculed and sworn at.
The political reform took place peacefully in 2010, but the democrats were quick to realise that it was not the political change they had expected after Parliament elected a noble to become the Prime Minister instead of ‘Akilisi. Lord Tu’ivakanō was elected as the first prime minister of the partly democratically elected government
More
criticisms later emerged at the time about the reforms, but ‘Akilisi said the people were misled.
Positive response
‘Akilisi
told Kaniva news in an interview that
he was happy the king had responded positively to the call to change the
country’s political system.
However, he said the change still saw the nobility having greater power in the political decision making body because the presence of their nine MPs in parliament meant they could strongly influence the election of the Prime Minister if the people’s 17 elected MPs were not all Democrats or united.
He accused
his fierce political rival, former Prime Minister Lord Feleti Sevele, who King
George relied on for the processing of the change, of deliberately designing
the 2010 political reform process so the new system would still limit the power
of the people to rule.
The constitution for the 2010 reform written by the Electoral Commission chaired by former Judge Nigel Hampton was wholly or partly disregarded by the Sevele government.
Constitutional issues
‘Akilisi said when his government took power in 2014 some key positions and powers that required to be with the executive government so it could function smoothly had been given by the constitution to the Privy Council.
The Lord Tu’ivakanoo’s government appeared to have met with serious legal and constitutional issues caused by the Sevele revised constitution when it came to power in 2010.
The noble-led government then invited a constitutional law expert from the Commonwealth to revise the constitution.
As Kaniva news previously reported, the
expert, Peter Pursglove found that the 2010 revised constitution was the worst
in the Commonwealth country.
It is
believed the constitution was partly or completely written by Lord Dalgety, a
former Supreme Court judge who is now a member of King Tupou VI’s Privy
Council.
Pursglove report and recommendations on the constitution were endorsed by the Tu’ivakano’s government and six new bills based on his report were processed through legislature to be submitted to the king for approval.
The new
bills were slightly revised by the ‘Akilisi government and were pending in
parliament before the democracy campaigner died last month.
The bills proposed some important changes to the constitution, including removing the power of the Privy Council’s panel to appoint judges and give it to the Law Commission.
It also
recommended the Attorney General and Police Commissioner be chosen by Cabinet
before the appointments were recommended to the king.
Newly elected Prime Minister Pōhiva Tu’i’onetoa told Kaniva news this week he believed ‘Akilisi’s vision was fulfilled in 2010 after the king approved the democratic changes.
He said his government would not push for the six new bills the ‘Akilisi government pushed through parliament because there was not enough time for his government to do so.
The
main points
The
late ‘Akilisi Pohiva’s son Siaosi Pohiva
has vowed to fulfill his father’s political reform priorities to change Tonga’s
executive government system into a full democracy.
Siaosi
said he expected the majority of voters who supported his father during his
more than three decades-long political career to vote for him.
For
more information
’Akilisi is dead, but his vision
lives on, Dr Uata tells party members in wake of PM election loss
The parliament’s elected Prime Minister Pōhiva Tu’i’onetoa has denied claims he has recruited cabinet minister Dr Tu’i Uata and ousted MP ‘Etuate Lavulavu as advisors.
In Tongan, a statement from Prime Minister’s office said: “…fakatokanga’i ange, ‘oku ‘ikai ke kau ‘a Tu’i Uata mo ‘Etuate Lavulavu, ‘i he Kau Fale’i ki he Palēmia Fili.”
The statement came after Tu’i’onetoa told reporters in parliament last week there was a possibility that he might appoint Dr Uata to lead the government’s e-government priority.
He reportedly said he had not seen anyone else who can do such job better than Uata.
Kaniva understands Lavulavu was one of Tu’i’onetoa’s strong supporters who helped his campaign before he won the premiership election last week.
The king is expected to appoint Tu’i’onetoa as Tonga’s new prime minister shortly.
It is also expected that a revocation process to terminate the ‘Akilisi Pōhiva’s cabinet ministers’ appointments will follow at the recommendation of the Prime Minister.
His Majesty will then appoint the new cabinet ministers.
King Tupou VI has visited the Sheikh Zayed Grand Mosque in Abu Dhabi the largest in the country as part of an opening ceremony to celebrate Tonga’s new embassy in United Arab Emirates.
The king arrived about 10 years since UEA Minister of Foreign Affairs Sheikh Abdulla arrived in Tonga in 2010 following the establishment of the International Renewable Energy Agency (IRENA) project.
The Emirates, one of the richest of the Arabian Gulf states, has committed US$50 million UAE-Pacific Partnership Fund (UAE-PPF) for the development of the project for 10 Pacific Island countries including Tonga.
The La’ā Lahi, ‘Big Sun’ solar plant in Tonga, commissioned in November 2013, was the first project to receive funding from the UAE-Pacific Partnership Fund.
Since last year UAE passport holders have been exempt from needed a visitor’s visa.
King Tupou VI praised the UAE’s efforts to promote the values of tolerance and peaceful co-existence between world peoples, and commended the development aid from UAE to Tonga, a statement said.
The opening of the embassy means Tonga joining the Expo 2020 which will be held in Dubai will have better chances in terms of communications and hosting.
The King was accompanied by her daughter Princess Angelika Lātūfuipeka Tuku’aho and members of a Tongan delegation.
The royal tour was also given an insight into the influence of Islamic history on its design and architecture.
The princess wore the abaya, a long loose-fitting robe used to cover Saudi women bodies in public.
