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Political problems could have been avoided if Electoral Commission’s recommendations had been followed, says former Attorney General

By
Philip Cass
-

Advice from former Chief Justice in 2009 should have been heeded

Former Tongan Attorney General John Cauchi has told Kaniva news the kingdom’s main political problems are caused by its constitution.

The current constitution, believed to have been drafted largely by Lord Dalgety, was produced by Lord Sevele’s government in 2010.

It has been described as the worst in the Commonwealth.

Cauchi’s comments come amidst political uproar in Tonga over the public consultation on the government’s six new Bills. The opposition and their supporters continue to claim the government is attempting to remove some of the king’s powers, a claim, the Acting Attorney General has denied.

Cauchi said the government’s current attempts to change laws and modify the constitution would not have been necessary if the kingdom’s democratic reforms had been based on the recommendations of the Constitutional and Electoral Commission chaired by former Chief Justice Gordon Ward.

The CEC recommended, among other things, a three year Parliamentary term, the removal of the king and Privy Council from executive government, public consultation on all government bills and full access to records of public meeting of Parliament by the public and the media. The CEC also considered submissions to either abolish Noble’s seats or to have Nobles elected by all voters.

CEC

The CEC was set up at the beginning of 2009.

In February 2009, a month after the appointment of the Commission, the Prime Minister, himself a former member of the pro-democracy movement, stated publicly that he did not support  the  push  by  the  pro-democracy  movement  for  the  King  to  be  stripped  of  his involvement in the selection of Parliament as well as other  executive powers.

The Nobles opposed the setting up of the Constitutional and Electoral Commission.

Even before the CEC’s final report was submitted, Commissioners were concerned that they would be ignored and that Lord Sevele’s government would go its own way.

“The lengthy debate on the interim report in the Assembly with its frequent references to  already entrenched  views  in  the minds  of  many representatives  does  not bode well,” the Commission noted at the time.

“Coupled with the all too apparent lack of understanding of the aims or even   of the actual contents of the interim report by some of the members of the House, it gives cause for some pessimism about the passage of this report and any consequent  legislation  through  the  House.”

Indications that the Government might pre-empt debate caused the Commission to comment:

“The recent statement by the Government only a few weeks before our report is due suggests an intention to press ahead with previously held opinions before they have seen the recommendations of the very Commission they established to make them. Regrettably, it is hard to view that intervention as anything but an intention to pre-empt any possibility our recommendations may be contrary to their chosen view.”

The Commission said it had evaluated the government’s written submission in the same way it evaluated every submission.

“If we do not support them, it is because, on an overall consideration of the issues, we have decided they are not the best course for Tonga. Presumably the Government’s submissions were put to us for such an evaluation. Now, it appears the Government may not be willing to have them measured by any other yardstick than its conviction that other opinions have little value or, perhaps, to have them measured at all.”

The recommendations of the CEC were not adopted and Lord Sevele’s government adopted its own submission.

Recommendations

The main recommendations of the 2009 Constitutional and Electoral Commission   were:

  • That the King and Privy Council should no longer be part of the Executive  Government and
  • the Executive Government should be the Cabinet  answerable to the Legislative Assembly .
  • Government was to be a Constitutional Monarchy rather than a Constitutional Government.
  • The Government of this Kingdom was to be divided into three bodies: Cabinet, the Legislative Assembly and the judiciary.
  • The Monarch would appoint as Prime Minister the elected member of the Assembly recommended by the Assembly under a selection procedure provided in the Constitution and the Monarch would appoint as Ministers those individuals nominated by the Prime Minister.
  • The Privy Council, of which Cabinet used to be part, would be an advisory body.
  • Cabinet  was  now  limited  to  the Prime  Minister  and  11 Ministers nominated by him.
  • There would be no unelected ministers or cabinet members.
  • The Parliamentary term should be three years. The Commission observed that “the longer the term, the less effective will be the power of voters” to control an ineffective   or poor government.
  • The right of every representative to introduce a Bill should be  enshrined in the Constitution.
  • There should be provision to secure sufficient time for proper consideration of  all Bills of public interest by the members of the general public.
  • All members of the public, including the media, should have full  access to the  Journal of the proceedings of the Assembly and to all the records of the   public meetings of the Assembly.

The Commission received several submissions to remove the Nobles from Parliament or to have them elected by all eligible voter, not just other Nobles.

“Measured against current perceptions of democracy in much of today’s world, there can be no justification for the presence of the Nobles in the Assembly,” the Commission noted.

However, it did not pursue this line, saying that the Nobles should stay under the present system. If elected by the whole electorate, it was likely that the same Nobles would keep being returned to Parliament because voting would be based on ties of kainga and ha’a.

“The decision to retain them will be seen by many outside our borders as a failure to grasp a chance to achieve democracy,” the Commission aid.

“We define democracy by more than the right  to elect a representative parliament. Much that truly defines democracy is already enshrined in traditional Tongan values. … at this stage, we feel the continued presence of the Nobles in the new and untried representative parliament will be accepted by most Tongans as a sensible and, possibly, necessary influence.”  

Pursglove review

Four years after Wards’ review, Peter Pursglove, a legal consultant in Constitutional Law from Trinidad and Tobago, reviewed the 2010 consultation on behalf of the Commonwealth Secretariat.

Cauchi said Pursglove’s review largely supported the findings of the Ward’s constitutional review.

Pursglove said Tonga’s 2010 constitution, which was produced by Lord Sevele’ government,  was poorly written, promoted secrecy, compromised the role of the judiciary and parts of it may have been illegal.

His report said the constitution did not uphold democracy, that the Privy Council was undemocratic and unaccountable and the judiciary lacked accountability and transparency.

“The present Constitution of Tonga can lay claim to being the most poorly structured and drafted Constitution of any Country in the Commonwealth,” Pursglove said.

“The autocratic and unaccountable judicial structure introduced by the Constitution must not be allowed to frustrate the continued development of Tonga on its pathway to democracy and risk destroying public confidence in the new constitutional arrangements introduced in 2010.

“Changes must be made to ensure that the constitutional provisions relating to the Judiciary comply with Commonwealth principles on good governance and democracy.”

Chief Justice Gordon Ward

Ward clashed with the Tongan government in 2003 when he ruled against an attempt by the government to ban Kalafi Moala’s newspaper Taimi ‘o Tonga.

He also declared illegal a subsequent ordinance imposed by King Taufa’ahau Tupou IV, sitting as chairman of the Privy Council.

In 2004 he resigned in protest at attempts to ban the newspaper.

He then moved to Fiji where he was President of the appeal Court.

In 2007 He and five other judges resigned in protest at the 2006 coup.

He was the Chief Justice of the Turks and Caicos Islands from 2008 to 2012 and was knighted in the 2012 New Year Honours for services to the judiciary.

Kaniva news says:

Speaking at Auckland University Law School in April 2010, Tongan Solicitor General, ‘Asipeli ‘Aminiasi Kefu said that some Tongans still did not entirely support the reforms that were eventually made.

The constitutional changes were not medicine which would provide the answers to all issues, he said.

He predicted it could take two to three elections before the system stabilised.

Tonga has now elected a democratic government twice – the second time after a dramatic intervention by the king – but have Tongan politics stabilised?

All the evidence says that the current constitution is seriously flawed and needs to be reformed.

Former Tongan Attorney General John Cauchi says the problems lie in not having adopted the suggestion of the 2009 constitutional review.

Given the current situation, we believe the time has come to revisit the Constitutional and Electoral Commission’ recommendations.

Perhaps in its final report we will find the key to constructing a constitution that will not, in Pursglove’s words, “frustrate the continued development of Tonga on its pathway to democracy.”

The main points

  • Former Tongan Attorney General John Cauchi has told Kaniva news the kingdom’s main political problems are caused by its constitution.
  • The current constitution, believed to have been drafted largely by Lord Dalgety, was produced by Lord Sevele’s government in 2010.
  • It has been described as the worst in the Commonwealth.

For more information

Tonga’s constitution costly, poorly written and undemocratic, report says

Tonga’s constitution costly, poorly written and undemocratic, report says

Tongan man shot dead in south Auckland

By
Kalino Latu
-

A Tongan man was shot dead in Seaside Park, `Ōtāhuhu, Auckland on Saturday morning.

Samiuela Anania Tupou, 21, was critically injured and died at the scene.

Tupou recently returned with his family to live in New Zealand from the United States.

Family and friends describe him as a fun-loving, hard-working young man who regularly attended church and enjoyed social occasions with his friends and family.

At this stage Police believe the offender was not known to him.

“We are committed to locating the offender or offenders and holding them to account,” Police said.

“We are appealing for anyone who witnessed this incident, or anyone who has any information at all that may help us with our investigation, to come forward and speak with Police.

“Specifically we’d like to speak to anyone who may have sighted a light- or gold-coloured people mover, similar to a Honda Odyssey, in the South Auckland area on Friday night or early Saturday morning between 2-6am.”

If you can help, please contact Counties Manukau Police on (09) 261 1300 or provide information anonymously through Crimestoppers on 0800 555 111

Anticipation grows for “terrific grudge match” against Australia at Mt Smart on June 22

By
Philip Cass
-

Anticipation is growing ahead of next month’s clash between Mate Ma’a Tonga and New Zealand, with news that Tēvita Pangai jnr will play for the kingdom.

Pangai has turned down a potential $90,000 State of Origin matches and will receive jut $3000 for the clash at Mt Smart Stadium on June 22.

Pangai has played four tests for Tonga, including Tonga’s game against Australia.

The June 22 fixture is part of the Oceania Cup which features two pools, with New Zealand Kiwis, Australian Kangaroos and Mate Ma’a Tonga in Pool A and Toa Samoa, Fiji Bati and the Papua New Guinea Kumuls in Pool B.

While Mate Ma’a Tonga are showing their mettle in the Mt Smart Stadium, across the Ditch, Toa Samoa will play Papua New Guinea Kumuls in another Oceania Cup match and Fiji Bati will take on Cook Islands at Campbelltown Sports Stadium in Sydney.

Mate Ma’a Tonga has stunned the world’s top tier teams with it performance in recent years.

Even its loss to Australia was seen as a step on the way to the upper reaches of the game.

Mate Ma’a Tonga owes much of its success to players from the Australian and New Zealand leagues such as Jason Taumalolo, Andrew Fifita and Sio Siua Taukeiaho who chose to play for the kingdom.

Fifita said Mate Ma’a Tonga had created “something really good for international footy,”

“The pinnacle of our game is to play for your country.”

Tonga’s coach, Kristian Woolf said he was delighted that Mate Ma‘a would have the opportunity to face New Zealand again after beating them in Hamilton in 2017.

“It’s a terrific grudge match and one that both teams will be right up for and really looking forward to,” Woolf said.

Woolf said the way fans had supported Mate Ma’a Tonga in the last two years was unbelievable.

“We really appreciate the support and while it’s played in New Zealand, we certainly want to make it feel like a home game for Tonga as well,” Woolf said.

New Zealand Rugby League chief executive Greg Peters said the game would be played in “the heartland of rugby league – South Auckland” and expected Tongans to flood in and support the game.

Peters said the Oceania Cup was a big chance for Pacific Island nations to build on their impressive performances in recent years.

“A big part of this is obviously embracing and respecting the contribution of Pacific Island players to rugby league in New Zealand,” he said.

Lions

The Oceania Cup will not be the Tongan team’s only international exposure this year.

Mate Ma’a Tonga will also face the touring British Lions in Hamilton on October 26 before taking on world champions Australia on November 2 as part of an international triple header at Eden Park. The event will also feature New Zealand against the British tourists and Toa Samoa taking on the Fiji Bati.

The Lions are touring the southern hemisphere for the first time in 13 years and will also play Papua New Guinea.

Women’s opener

The June 22 clash will be a Pacific double header as the Kiwi Ferns play the Fetu Samoa womens team as part of a blockbuster Pacific double header.

The Kiwi Ferns-Fetu Samoa match kicks off at 5pm.

The women’s match will be the first time the two Pacific rivals have clashed in 11 years, with the Kiwi Ferns winning the last match between the two nations at the 2008 Women’s Rugby League World Cup in Brisbane.

Doors open at Mt Smart at 4pm.  Mate Ma’a Tonga and New Zealand are expected to take the field about 7.30pm

The main points

  • Anticipation is growing ahead of next month’s clash between Mate Ma’a Tonga and New Zealand, with news that Tevita Pangai jnr will play for the kingdom.
  • Pangai has turned down a potential $90,000 State of Origin matches and will receive jut $3000 for the clash at Mt Smart Stadium on June 22.
  • Mate Ma’a Tonga has stunned the world’s top tier teams with it performance in recent years.

Son and daughter may stay in New Zealand, but mother must return to Tonga, says Tribunal

By
Philip Cass
-

The New Zealand Immigration and Protection Tribunal has allowed a brother and sister to stay in the country, but has turned down an appeal against deportation by their mother.

The three family members, a  55-year-old mother, her 31-year-old daughter and her 29-year-old son, all citizens of Tonga, were all living unlawfully in New Zealand.

The mother was born in Tonga in 1963. She married, and she and her husband had two children, the daughter born in May 1987 and the son in July 1989. The couple later divorced. The former husband still lives in Tonga.

In December 1996, the mother and the two children came  to  New  Zealand.  They were granted visitor visas, valid to February 1997, after which they were unlawfully in New Zealand.

In December 2003, the mother married  her  second  husband,  a  Tongan-born New Zealand resident.   His mother, sister and six married children live in Tonga.

In September 2006, she was granted a work visa on the basis of her partnership, and this was renewed in April 2007, valid until March 2008. The daughter and the son were granted visitor visas in line with their mother’s visas.

In May 2007, the son was married.  He and his wife had three children, all   New Zealand citizens, born in July 2007, July 2009 and July 2012. His wife recently left him.

In July 2018, the appellants were granted visitor visas to test their  eligibility for resident visas. However, their requests for further  visas were unsuccessful.

The Tribunal said that in assessing he circumstances of the appellants, it was satisfied, on  the basis of their lengthy settlement in New Zealand and the best interests of the son’s children, that they met the high threshold required for exceptional circumstances of a humanitarian nature.

The Tribunal said that the son and the daughter, who arrived as children, could not be held initially responsible for their unlawful status.

They had been settled in New Zealand for a lengthy period and formed a supportive family unit together with the son’s three young  New Zealand-citizen children.

The son and daughter were therefore allowed to stay in New Zealand.

“However, the mother has known throughout of her unlawful status of 19 years,” the Tribunal said.

“She married her husband knowing that she did not have the right to ongoing status here and she and her husband must reasonably have turned their minds to what would occur if she was required to leave”

She had  spent most of her life in Tonga and was familiar with the language and lifestyle.

Her husband, being a citizen of  Tonga, would have the right to visit her or settle there again. His mother, sister and six married children all live in Tonga.

However, the Tribunal noted that the mother had a possible  pathway to New Zealand residency through her husband and this can be processed to completion while she was in Tonga.

The Tribunal directed that a work visa  be granted to the mother,  valid for nine months,  to give her time to get  her affairs in order, in relation to her visa application and living arrangements, before leaving New Zealand.  

Should the processing of the mother’s application not be completed within the  nine months, Immigration  New Zealand had  the  discretion  to grant  a further temporary visa until the processing was completed.

The main points

  • The New Zealand Immigration and Protection Tribunal has allowed a brother and sister to stay in the country, but has turned down an appeal against deportation by their mother.
  • The three family members, a  55-year-old mother, her 31-year-old daughter and her 29-year-old son, all citizens of Tonga, were all living unlawfully in New Zealand.

Fire guts ambulance at Ōtāhuhu train station

By
Kalino Latu
-

By Radio New Zealand

An ambulance has been gutted by fire near an Auckland bus station.

The St John vehicle, used for non-critical transport of patients, was on its way to Auckland Hospital when the driver noticed smoke.

It was carrying a patient, caregiver, and two St John staff.

The driver pulled over at the Ōtāhuhu Station before the vehicle caught fire and the occupants escaped unharmed. The patient, caregiver and a medical assistant were transfered to another vehicle.

The service is looking into what caused the fire and are supporting those involved.

Auckland Transport evacuated Ōtāhuhu Station and diverted all bus services for a time this morning.

Spokesperson Mark Hannan said it was not clear why the ambulance was at the station but CCTV shows the fire is now out and the vehicle is destroyed.

Mr Hannan said they were first alerted to the fire about 8.40am.

Suspended sentence for fire arms offence after lawyers for both side argue for leniency

By
Philip Cass
-

The Supreme Court has sentenced a man to a suspended sentence after he pleaded guilty to fire arms charges.

Sitiveni Loupua Mahe was sentenced to a year in prison on a charge of carrying arms in public place, one year for discharging a firearm with intention to intimidate and one year for  possession of firearm without a licence.

All sentences were fully suspended for a period of two years.

The court was told the offence were committed in Popua outside  the Church of Tonga hall where some dance practice was held.

Mahe  fired a .22 rifle it on the road just behind or beside Litili Televave’s feet  twice. The gravel thrown up by the first bullet hit his hands. You then got into your vehicle and drove away.

When questioned by the police Mahe said that he was fired the shots because he was drunk and happy.

Judge Niu said he accepted that Mahe’s behaviour was out of the ordinary and attributable to his having drunk alcohol, something that as a Mormon he was not supposed to do.

The judge said that Mahe had no previous criminal conviction and had apologised to the victim.

He had offered to resign from his position as head of the Popua community police force, but  the community wanted him to stay in the position.

Legal counsel for the prosecution and defence both argued that Mahe’s sentence be suspended.

Judge Niu said if Mahe committed  another offence within the two years he would be jailed for the firearm offence as well as the new offence.

His air rifle was confiscated.

The main points

  • The Supreme Court has sentenced a man to a suspended sentence after he pleaded guilty to fire arms charges.
  • Sitiveni Loupua Mahe was sentenced to a year in prison on a charge of carrying arms in public place, one year for discharging a firearm with intention to intimidate and one year for  possession of firearm without a licence.

Crown wins appeal to overturn Magstrate’s decision to discharge Lord Tu’ivakanō’s four charges

By
Kalino Latu
-

The Crown has successfully challenged a Magistrate’s decision to discharge four charges against former Prime Minister Lord Tu’ivakanō.

The Supreme Court said the appeal has been allowed on the ground that there is a sufficiency of evidence to commit the king’s noble for trial on the four charges on a date that is yet to be fixed.

The magistrate discharged the former Prime Minister and Speaker on four charges of accepting a bribe as a Government servant contrary to section 50 of the Criminal Offences Act, citing lack of evidence.

“So as not to prejudice a fair trial, the ruling has been released only to the parties,” a court statement said.

“Until further Order there shall be no publication of the contents of the ruling.

“This Order does not prevent it being reported that the appeal has been allowed on the basis that there is a sufficiency of evidence to put the respondent on his trial.”

The case has been called and adjourned numerous times due to various filing of document needs and related matters.

Tu’ivakanō was arrested on March 1 and charged with 12 counts, including one of making a false declaration to obtain a passport, two perjury counts, five for accepting bribes and two counts of money laundering.

Tu’ivakanō served as Prime Minister between December 2010 and 2014 and was Speaker of the House during the last term.

He has had his bail extended last week.

Queen Sālote to be honoured for song writing achievements at Pacific Music Awards

By
Philip Cass
-

The Manukau Institute of Technology Lifetime Achievement Award will be posthumously awarded to Her Majesty Late Queen Sālote Tupou lll on Thursday night.

Her grand-daughter,  Princess ‘Ofeina ‘e he Langi Fakafānua, will accept the award at this year’s Pacific Music Awards.

Queen Sālote has  been described as a gifted composer who expressed love, loss and culture in her work. He composed more than 100 songs, lullabies, laments and dances.

“The Pacific Music Awards acknowledges Her Majesty Queen Sālote’s huge contribution to the preservation and creative use of the Tongan language and recognises her as a celebrated writer of poetry and song,” a spokesperson for the award said. 

“She possessed unrivalled knowledge of genealogies, traditions of Tongan customs and a strong sense of duty and love for her people of Tonga, which also meant strong connections and responsibilities to the South Pacific region.

“Her compositions of Tongan music continue to inspire a new generation, now aware of our rich past and to our shared futures.”

Her music is still played all over the world.

There will be a special tribute performance to Queen Sālote on the night.

The awards ceremony will be held at the Sir Woolf Fisher Arena Vodafone Events Centre, 770 Great South Rd, Manukau City, Auckland from 6.30pm on Thursday, May 23.

The main points

  • The Manukau Institute of Technology Lifetime Achievement Award will be posthumously awarded to Her Majesty Queen Sālote Tupou lll on Thursday night.
  • Her grand-daughter,  Princess ‘Ofeina ‘e he Langi Fakafānua, will accept the award at this year’s Pacific Music Awards.

For more information

Pacific Music Awards

www.pacificmusicawards.org.nz

Stutton Park students entertain Tokaima‘ananga church seniors

By
Kalino Latu
-

Tokaima’ananga church’s older members have been treated to a performance from Stutton Park school as part of a year-long initiative to get people moving.

Stutton’s Iuniti Sia Ua students performed faivas (dances) during the entertainment activities last month.

Students performing during the visit included junior and senior students at the schools.

“The elderly were so excited,” Apitanga Kailea Mafi, a teacher at Stutton, said. 

“You can imagine how excited the elderly were to see the students entertaining them,” she said.

“The students value the importance of honouring the elderly for what they have contributed to the community while they were young,” Mafi said in Tongan.

The Principal of the school, Mr Esera. said the programme, known as School Partnership with the Community, would continue in the future and would be taken to various groups in the community.

The students, teacher and parents of the school were welcomed to the church by Melesiu Tu’iha’angana, Rev. Hola Paea and older members of the congregation.

The main points

  • Tokaima’ananga church’s older members have been treated to a performance from Stutton Park school as part of a year-long initiative to get people moving.
  • Stutton’s Iuniti Sia Ua students performed faivas (dances) during the entertainment activities last month.

Will Real Tonga start new flight services between Tonga and Auckland in June?

By
Kalino Latu
-

New Real Tonga airline flight services between Tonga and Auckland are set to be launched next month or July, a reliable source has told Kaniva news.

It is understood that the national airliner has leased an aircraft from Nauru Airlines for its international services, which will fly two times a week.

Nauru Airlines currently operates five Boeing 737-300s.

Fiji Airways flies a Boeing 737-800, which has a longer range, from Nadi to Fuaʻamotu International Airport.  Virgin Australia flies a Boeing 737-800 from Sydney and Auckland.

The services were planned to include flight services between Tonga, Fiji and Auckland

It is understood the Real Tonga has opened an office in Ōtāhuhu, New Zealand.

It is also understood Real Tonga staff and flight attendants are being trained in Queensland for the launch.

A meeting was conducted in Brisbane in November last year between Real Tonga Director Tēvita Palu, Nauru airline managers and Prime Minister ‘Akilisi Pohiva.

It is not clear when exactly in June the flight services will begin.

However, it is believed Real Tonga has considered launching its services before the Mate Ma’a Tonga clash with New Zealand on June 22.

Real Tonga has been contacted for comment.

Last year airline Fly Niu, which has not operated since 2004, tried to partner with the Tongan government to launch international flights between Auckland and Tonga.

The airline’s founder and owner, ‘Atu Fīnau, met with Hon. Pōhiva to present  his idea for the resumption of operations. Finau said Fly Niu would initially operate with two as of yet unspecified aircraft. He claimed to have access to aircraft from Iceland and Canada.

Finau said he had not received a formal response from the government regarding his proposal, but was recently told the government has supported the Real Tonga airline proposal.

He said he was considering another option.  

The  main points

  • New Real Tonga airline flight services between Tonga and Auckland are set to be launched next month, a reliable source has told Kaniva news.
  • It is understood The national airliner has leased an aircraft from Nauru Airlines for its international services, which will fly two times a week.

For more information

Tonga’s Fly Niu eyes restart, flights to Auckland

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