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COMMENTARY: Will PM survive vote of no confidence on Tuesday, but be ousted at next election?

COMMENTARY: Will PM survive vote of no confidence on Tuesday, but be ousted at next election?

Prime Minister Hu’akavameiliku

Will history repeat itself?

When Parliament meets next Tuesday MPs will decide on a vote of no confidence based on growing dissatisfaction with Prime Minister Siaosi Sovaleni Hu’akavameiliku’s performance.

The motion was submitted by MP Dr Eke of Tongatapu 5, supported by 10 MPs altogether which included two nobility MPs Lord Nuku and Tu’ivakano.

The question is whether enough MPs will vote against him, or will he survive, only to be cast out at the next election, like his predecessor?

Hon. Hu’akavameiliku has been heavily criticised for his handling of ousted Ministers,  government appointments and scandals surrounding the National Reserve Bank and the crisis-ridden Lulutai airlines.

It was only by reading Kaniva News that MPs discovered that the Prime Minister had bought a new aircraft, a revelation that led to heated debates. His handling of the kingdom’s budget has also been a big issue of concern  for most MPs.

This Prime Minister and most of his Cabinet Ministers were members of late Pohiva Tu’i’onetoa’s Cabinet. However, they were disappointed with  Tu’i’onetoa because of his close connection with disgraced politician Etuate Lavulavu, who was seen as having too much influence on Cabinet matters.

Hon. Tu’i’onetoa survived the Vote of No Confidence because the submission was not well organised. It was mostly organised by PTOA (Democrat) supporters in New Zealand, but failed to gain much traction among MPs in Tonga.

Hon. Tu’i’onetoa was widely criticised for the highly questionable tactics surrounding the roading project, his failure to act against the Lavulavus and his “prayer cruises” around Tonga which were meant to ward off Covid-19, but which saw politicians benefitting from feasts, gifts and travel allowances.

After the next general election he was dumped and support switched to Hon. Hu’akavameiliku, who now faces his own vote. 

Comment

This is one of the most interesting Votes of No Confidence in Tonga’s Parliamentary history given that 10 MPs now support the vote of no confidence and they only need two MPs to complete the 13 MPs needed to win the vote. 

Reports this week  show that 11 MPs now support the vote.

At the same time, the Prime Minister only has 10 Ministers in his Cabinet. However, two of them cannot vote for him since they were appointed from outside by the Prime Minister.

PM Hu’akavameiliku therefore only has eight MPs and has to get five from the people and nobility benches to support him to survive the vote.

Meanwhile, there are two ministerial posts which are still vacant and the king has yet to appoint the PM’s nominations of two new ministers for those posts. This is another issue for PM Hu’akavameiliku to face, as it appears the king is unhappy with him.

Rules of votes of no confidence

Every motion for a Vote of No Confidence tabled in the House must be signed by at least 10 MPs.

The VONC rules also stipulate the motion be put to a vote within five working days from the time it is tabled.

Parliament will meet next Tuesday, September 5 at 10am Tongan time.

The Prime Minister submitted a written response to the motion on Friday. It will be read out in Parliament before MPs debate the motion.

Tuesday’s sitting will be livestreamed on the Legislative Assembly’s Facebook Page and YouTube Channel.

For more information

https://www.parliament.gov.to/media-centre/latest-news/latest-news-in-english/1095-parliament-meets-to-consider-the-motion-for-a-vote-of-no-confidence-in-the-prime-minister.

Australia handover final suspect involved in conspiracy to kill ex-Samoan PM

By RNZ.co.nz and is republished with permission

The final suspect in a high-profile conspiracy to murder a veteran Samoa politician was flown into Apia this morning from Australia after three years of fighting his extradition there.

Talalelei Pauga (file image) Photo: RNZ/Autagavaia Tipi Autagavaia

Talalelei Pauga arrived early Friday morning from Australia and has been formally charged with conspiracy to murder according to deputy police commissioner, Papalii Monalisa Tiai-Keti.

Two local officers travelled to Australia to facilitate the handover of Pauga from the Australian authorities and accompanied him back to Samoa.

He has been remanded in custody until Monday September 4 for mention.

Pauga is the fourth co-defendant and is yet to be dealt with by the Supreme Court for allegedly conspiring to murder the former prime minister, Tuilaepa Sailele Malielegaoi.

He has been in the custody of Australian police since August 2020 when a formal extradition application was lodged so he could answer to the charges in Samoa.

Earlier this month the Supreme Court sentenced co-defendants Malele Paulo, also known as King Faipopo, and Lemai Faioso Sione after they were found guilty of conspiring to murder Tuilaepa.

Paulo is serving four years while Lemai was given a custodial sentence of four years and six months.

Taualai on the other hand pleaded guilty to the charge in 2020 and is halfway serving his five-year jail term and also eligible for parole.

Evidence before the court stated the men had planned to murder Tuilaepa at the Siusega Catholic Cathedral in August 2019.

Police pull over man with bull riding shotgun

(News Channel Nebraska) – Police in Nebraska pulled over a driver with an unusual passenger: a full-sized Watusi bull named “Howdy Doody.”

The full-sized Watusi bull is named “Howdy Doody.”

The Norfolk Police Division responded to a call around 10 a.m. Wednesday of a man driving on 275 with a Watusi bull in his passenger seat.

“The officers received a call referencing a car driving into town that had a cow in it,” said Police Capt. Chad Reiman. “They thought that it was going to be a calf, something small or something that actually fit inside the vehicle.”

And the vehicle was big enough – well, technically.

Kaniva News rejects Tongan Parliament’s demand for retraction

The Parliament has demanded that Kaniva Tonga News retract what it described as “misleading articles”.

Speaker Lord Fakafanua. Photo/Fale Alea ‘O Tonga

In a press release yesterday evening the Tonga Legislative Assembly said it wanted to make corrections to information currently being  circulated in some news and social media regarding the live radio broadcasting of Parliamentary debates.

Kaniva News stands by its story and has rejected Parliament’s demand for a retraction.  

The Parliament’s warning yesterday mostly targeted an article published by Matangi Tonga Online on August 22, claiming that radio broadcasts had been silenced during debate on the Auditor General’s Report for 2021-2022.

The Auditor General’s report warned that the government had not learned from previous reports and that the same failures had been reported in its findings for the 2022/23 fiscal year.

This included the government’s failure, among others, to reconcile the Ministry of Finance financial records with the bank’s records of government accounts. It said there were issues caused by a problem in the government payroll system, lack of extra information needed to clearly describe financial particulars, and no official records of the government’s investments in its business services.

The Parliamentary press release said Matangi Tonga’s report about silencing the broadcasts was “False and Misleading”.

However, in the last paragraph of the release the Parliament mentioned Kaniva Tonga news as one of the news outlets it demanded retraction.  

Kaniva news can confirm that it did not publish anything about the claims that the radios were silenced during debate on the Auditor General’s Report for 2021-2022.  

It appears that Parliament was referring to a story published by Kaniva News this week on Monday, August 28, titled “Senior Tongan journalist concerned by Parliament’s “media blackout”. The story was first published by the New Zealand radio station 531pi Pacific Media Network (PMN) after it interviewed Kaniva News editor Kalino Latu.

In that story Mr Latu told PMN he was saddened by Tongan parliament effectively staging a “media blackout” – blocking the public and media from getting access to Parliamentary sessions and debates because the Parliament stopped updating its website with official Parliamentary records and debates in June 2023.

Mr Latu was responding after the 531pi reporter asked about the news that the Speaker, Lord Fakafanua, announced that the House was no longer funding daily radio broadcasts of the proceedings of the House.

Mr Latu told the radio that the pubic believed this was a media blackout with critics believing it was politically motivated.

We reported that the last time the Parliament updated its Hansards on its website was in June 2023. Kaniva News stands by its report. This was what happened before and after the 531pi radio interviewed Mr Latu and published the story of that interview on its website. The story was  republished by Kaniva News on its website the same day.

Kaniva News had checked out the Parliament website on that day and on the morning of Tuesday 29 and there were still no updates of the minutes. The last Hansard on the Parliament website was still the Minute number 25  of June 28, 2023. However, on another check out on Tuesday we noticed that the minutes of August 16 and August 17 had finally been uploaded. Later on we noticed that further two minutes of August 8 and August 14 had been uploaded.

The Parliament’s press release yesterday did not deny our report that it had stopped updating the Hansard to its website in June. It also did not deny  our report that the Speaker had said the Parliament no longer paid for the live broadcasting of the debates.

As of this morning the Hansards for August 7, August 9, August 10 and August 11, August 15, August 18 as well as August 28 have yet to be uploaded to its website.

Kaniva News obtained a copy of the Parliament sittings calendar for 2023 titled in Tongan as Tohi Māhina Ngāue ‘a e Fale Alea 2023.

It shows that for this month the Parliament must hold its sitting days on August 7, 9, 10, 11, 15, 16, 17, 18, 28, 29, 30 and 31. The Parliament owes the public an explanation on why it did not have all the Hansards for these days on its website except the Hansards of  August 30 and 31, which are expected to be uploaded later this week or early next week.

It also owes the public and Kaniva News an explanation on why it only started uploading the August’s Hansards this week after our story was published on Monday.  

The Speaker told the House on August 16 that it would only take one or two days (“’aho ‘e taha pe ‘aho ‘e ua”) before the Hansards were available on the Parliament’s website.

This is contrary to the minutes of August as the Hansards of August 8, August 14, August 16 and August 17 were only uploaded this week, about two weeks after those sittings, and after Kaniva News ran its story on Monday. This was why Mr Latu said the public saw this as a “Media Blackout”.

We also reported that the House no longer paid for broadcasters to air Parliament’s debates live. This was a fact and the Speaker admitted it during a Parliament sitting saying that the House no longer afford it. According to the Hansard number 30 of August 16 page 9, the Speaker Lord Fakafanua made the admission in Tongan as follows:

“Ko e palopalema ko ení ‘oku ‘ikai ko ha me’a fo’ou koe’uhí na’e kamata maí na’a tau totongi ‘etautolu e letiō. Pea ‘alu pē taimí ia ‘o lahi ange e pa’anga ia ‘oku mole ki he letiō he pa’anga ‘oku tuku mai ke fai ‘aki ‘etau ngāué”.

In English (translated by Kaniva News) he said:

“This problem is not new because in the beginning we paid for the radio. As time went by it was over budget”.

The Speaker also said in Tongan:

“Pea ‘i he’ene pehē ‘oku ‘ikai ke tau totongi ‘a nautolu pea ‘oku nau fa’iteliha pē nautolu pe te nau fie nofo pe te nau fie ‘alu ka ko e tu’unga ia ‘oku ‘i ai he ‘aho ní”.

This translates into English as follows:

“As a result, we do not pay them (radio stations) and they are free if they want to broadcast it or not that’s the situation today”.

The Speaker also told the MPs if they wanted to pay for it, they could donate to or sponsor the radio stations.

However, the Parliament and the Minister of Finance finally agreed, after a motion from the people’s bench supported by the Nobles’ MPs, that the government would increase the Parliament’s budget to fund the broadcasting and make sure the House debates continued to be publicised as a matter of public interest.

Special session to farewell Tonga’s Chief Justice Michael Whitten

The Supreme Court  is to hold a special sitting to farewell Lord Chief Justice Michael Hargreaves Whitten ahead of his retirement from the bench next month. 

Michael H Whitten KC

An invitation to media this morning says: “Please be advised that a special session of the Supreme Court will be held tomorrow to farewell the Hon. Lord Chief Justice Whitten KC. It will take place in Court 1, at 10AM”.

Mr Whitten was Tonga’s Supreme Court Chief Justice since September 2019, replacing former Chief Justice Owen Paulsen.

Paulsen was the kingdom’s top jurist since 2015 and has led the Supreme Court and the Court of Appeal in the last four years.

Mr Whitten’s departure comes after Tongan lawyers called on the king to revoke the appointment of lawyer and Privy Council’s Lord Chancellor Tavake Afeaki as Acting Lord Chief Justice to fill the gap left by Whitten’s absence on holiday in Australia in October 2021.

The lawyers were concerned about whether Lord Afeaki has sufficient legal experience to hold such an important position.

The lawyers’ complaint came as part of a big concern about the country’s judiciary which had been described as lack of accountability and transparency.

A review of the 2010 constitution which was used to implement the democratic reforms showed it made sweeping changes to the Judiciary.

These changes created a unique judicial structure not found anywhere else in the Commonwealth, said the report by Peter Pursglove, a legal consultant in Constitutional Law.

The report said Tonga’s 2010 constitution is poorly written, promotes secrecy, has compromised the role of the judiciary and parts of it may be illegal.

According to the Pursglove report, which was endorsed by the Tu’ivakanō government in 2014:

  • Tonga’s 2010 constitution does not uphold democracy
  • The Privy Council lacks any democratic composition or accountability
  • The judiciary lacks accountability and transparency.
  • Changes to the judiciary are inefficient, ineffective, unaffordable and possibly illegal.
  • No public discussions were held regarding the reforms to the judiciary or why they were considered necessary.

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

Tongatapu father, his 14-year-old son arrested with methamphetamine following hit and run incident

A father and his son are in custody after illicit drugs and utensils were found in their possession.  

Police van in Nuku’alofa. Photo/Kalino Lātū

Police said the 42-year-old man along with his 14-year-old son were arrested and charged for possession of illicit drugs and utensils following a police search of their residence at Popua.

Police seized 10 packs of methamphetamine (11.72 grams), five packs of cannabis (33.34 grams), drug utensils, and TOP$395 cash.

Stolen items were also recovered from this Popua residence, which helped solve several burglary cases that Police were investigating.

The 42-year-old male is also charged for reckless driving after a hit-and-run incident.

On Friday 25 August 2023 Police raided a house at Hofoa where they arrested a 28-year-old male and a 25-year-old female of Hofoa for distributing illicit drugs.

Items seized along with the pair included 15 packs of methamphetamine (4.89 grams), a pack of cannabis, drug utensils, and TOP$650 cash.

Acting Deputy Commissioner Operations Kalisi Tohifolau acknowledges the responsible Police teams and the public for their collaborative efforts to bring forward those involved in illicit drug supply.

She said that, “Drugs and alcohol are drivers of crime; they have contributed to the recent spike in housebreakings and thefts. Tonga Police will continue to bring before the courts those who are involved in distributing and selling of illicit drugs as to minimize harm to our people and communities.”

Tongatapu man who stabbed his son-in-law with sword gets 2 years 8 months’ jail

A Popua man who stabbed his son-in-law, slashing his wrist, after an argument with the victim’s wife has been jailed for two years and eight months.

‘Atunaisa Kali  was sentenced yesterday August 28 for attacking the victim, Feleti Hafoka after Hafoka questioned the whereabout of his wife, who is Kali’s daughter. 

Kali pleaded guilty to causing grievous bodily harm.

The court was told that Hafoka and his wife Halina live in Popua in a separate house on Kali’s allotment.

On the afternoon of 11 March 2023, Halina left the residence. She did not come home that night.

The next day, Hafoka was cooking food in their backyard when he noticed Halina at her parent’s house. He asked her where she had been. That led to an argument. As Hafoka turned to leave the house, Kali attacked him with a short samurai sword, the judgement said.

Hafoka raised his left hand to defend himself and the blade slashed his wrist, resulting in a deep laceration, fracture to his Hamate bone, and damage to one of his extensor tendons.

He was taken to hospital where he underwent surgery.

On March 14 Kali was arrested and charged and admitted to the offending.

On 18 March 2023, Hafoka was discharged from hospital. His injuries took about six months to fully heal albeit with significant scarring. No other residual deficit has been reported.

In his ruling, Lord Chief Justice Whitten said Kali is convicted of causing grievous bodily harm and is sentenced to two years and eight months (or 32 months) imprisonment.

The final 16 months of the sentence are to be suspended for a period of two years from the date of the Kali’s release from prison on condition that during that period he is to:

(a) not commit any offence punishable by imprisonment;

(b) be placed on probation;

(c) report to the probation office within 48 hours of his release from prison and thereafter as directed by his probation officer; and

(d) complete an anger management course as directed by the probation officer.

Failure to comply with those conditions may result in the suspension being rescinded and the Defendant being required to serve the balance of his prison term.

In the result, and subject to those conditions and any remissions available under the Prisons Act, the Defendant will be required to serve 16 months in prison.

Senior Tongan journalist concerned by Parliament’s “media blackout”

By PMN News / Pacific Morning Show

A senior Pacific media figure is saddened by moves of the Tongan parliament to effectively stage a “media blackout” – blocking the public and media and from getting access to parliamentary sessions and debates.

Kaniva News Editor Kalino Latu

This comes at a time when a group of members of Parliament have filed a no confidence motion in the government of Prime Minister Siaosi Sovaleni Hu’akavameiliku, and the Auditor General is reporting critically on the poor financial management of some government agencies.

The Editor of Auckland-based Kaniva Tonga News, Kalino Latu, told Levi Matautia-Morgan on 531pi’s Pacific Mornings that Parliament stopped updating its website with official parliamentary records and debates in June 2023.

And this month the Speaker, Lord Fakafanua, announced that the House was no longer funding daily radio broadcasts of the proceedings of the House.

“The public in general believe that this a media blackout which was intentionally imposed by the Parliament to block the media and the public from getting access to the Parliament sessions and debates,” Latu said.

He said some believe it’s politically-motivated but he was saddened given the tremendous strides the Tongan parliament had made recently in terms of transparency and improving its relationship with the media.

He said in 2021, parliament launched a “Tonga Parliamentary Reporter’s Handbook” that was celebrated as a major milestone but the speaker who launched that book, is the same one who has now stopped funding the daily radio broadcasts.

“It’s really incredibly sad to me to see that Parliament has made such decisions because it’s ruined the good works recently to develop and improve its relationship with the media and the public,” Latu said.

The no confidence motion was filed by Tongatapu MP No 5, Dr ʻAisake Eke, last Tuesday which was supported by 10 other MPs – the minimum number required for the motion to be considered by the House, Latu said.

He said the law requires that the motion be considered by the House within 14 days.

Latu said the 10 includes two nobility MPs, so it will be interesting to see whether others will support the motion.

Watch the full interview below or head to 531pi’s Facebook page​ to like, share and comment on the interview.

Vanuatu Supreme Court rules in favour of opposition in Parliament majority case

By Kevin Anthony and Christina Persico of RNZ and is republished with permission

The court case followed a motion of no-confidence in the prime minister being defeated under a technicality of the rules as interpreted by the speaker.

Sato Kilman with opposition supporters outside the Vanuatu Supreme Court in Port Vila. 25 August 2023

Photo: RNZ Pacific / Kelvin Anthony

Sato Kilman with opposition supporters outside the Vanuatu Supre Court in Port Vila. Photo: Kelvin Anthony/RNZ Pacific

Former prime minister Sato Kilman, who is now in the opposition, said the judge had ruled an absolute majority in parliament was 26, so the opposition won the case.

But the judge had stayed the case until 3pm on Monday to allow any appeal.

“We are glad, because we believed that we were right from the start, and that is why we lodged the application to the court,” Kilman said.

Former Vanuatu prime minister Sato Kilman, who is now in the opposition, says he is pleased with the court ruling.

Sato Kilman says he is pleased with the ruling. Photo: Kelvin Anthony/RNZ Pacific

Earlier this month the opposition, in seeking to remove Prime Minister Ishmael Kalsakau, won 26 votes in the 52-member House, while the government got 23 votes.

There was one abstention, from the speaker; one seat is vacant and one is empty due to that MP getting medical treatment overseas.

Vanuatu’s constitution states that an absolute majority is needed to oust a prime minister and this has been interpreted to mean 27 MPs in the 52-member parliament.

Kalsakau said there was legal precedent to support this position.

In the judgment released on Friday, the judge said the court “concludes that the actual number of members of Parliament when this vote was taken is the relevant number on which an absolute majority should be based”.

“It is the view of this court that the applicants have shown that their Constitutional rights, as set out in the application filed on 17th August 2023, have been infringed by the 1st respondent,” the judgment said.

“They are entitled to relief sought.”

It also said an order would be issued about that relief, but the order would include a stay to allow an appeal before any further steps are taken to enforce the order.

Cathy Solomon, 64, who lives in Port Vila, said the majority of people in Vanuatu were suffering because of “unfair and sad” politicians who were only thinking of self preservation.

She said the country’s politicians had failed in their purpose as elected representatives of the people.

She said it was time for more women to get into parliament so they could challenge and change Vanuatu’s precarious politic situation.

Hendon Kalsakau, 65, a chief of the Coconut Tribe on Ifira island, said the situation was “affecting deeply” the Ni-Vanuatu people.

Two dead in Waikato two-car crash

Two people have died in a Waikato two-car crash this afternoon.

The crash happened just before 4pm on State Highway 26, Te Aroha.

Police said two other people have been taken to hospital with serious injuries.

St John sent three ambulances, two rapid response units and a helicopter to the scene.

Motorists are asked to avoid the area with traffic being diverted via Rawhiti Road.