The Prime Minister Hu‘akavameiliku is currently awaiting king Tupou VI to appoint his newly nominated Cabinet Ministers.
The Prime Minister said on July 6 his nominations had been submitted to His Majesty.
Kaniva News understands the king has yet to sign the proposal which was apparently submitted before July.
The Minister of Fisheries post was still vacant after former Minister Sēmisi Fakahau died in October 2022. There was a rumour going around that a new Minister of Police was nominated. The Prime Minister is currently the Minister of Police.
The lack of response from the throne comes after the late Prime Minister ‘Akilisi Pōhiva’s requests for an audience with the king went unanswered. The law says the Prime Minister must meet with the king once every month.
However, as we previously reported, the late Prime Minister Pōhiva Tu’i’onetoa claimed in an interview with Kaniva News that the king did not accept the audience because he was unhappy with ‘Akilisi.
In 2017, the king dissolved the Parliament in an attempt to revoke Prime Minister ‘Akilisi Pōhiva and his Cabinet but that did not work out after it became clear that he has no power in the constitution to dismiss the Cabinet. His dissolution power, according to the constitution, is restricted to the Legislative Assembly only.
In 2021 the king shocked the nation, by questioning the honesty of the members of parliament and their ability to run the government. He also chastised the Tu’i’onetoa government for its involvement in businesses and failing to complete the annual ministerial reports on time.
The law stipulates that the Prime Minister must nominate his Cabinet ministers and submits it to the king for appointment. There is no timeframe for the king’s signature.
The news comes after a Motion of No Confidence in the Prime Minister’s government was filed on Tuesday by 10 MPs.
The Parliament said MP Dr ‘Aisake Eke had submitted the motion of Vote of No Confidence on Tuesday with 10 MPs, which Kaniva News understands including two nobility MPs Lord Tu’ivakanō and Lord Nuku.
A motion for a vote of no confidence against Tongan Prime Minister Siaosi Sovaleni Hu’akavameiliku has been filed in the parliament.
The motion was filed on Tuesday by 10 MPs.
Matangi Tonga Online reported the news citing an anonymous source.
The news comes after Kaniva News reported last week a revelation by MP Piveni Piukala about his proposed motion of no confidence in the Hu’akavameiliku government, saying the government’s financial record justified the move.
As we reported at the time, Piukala told an interview with Facebook livestream programme Radio Television Tonga International (RTTI) the government had failed to “aggressively address” the deficit budget.
He said the solution for a deficit budget was to reduce expenses, but this had not been the case. In the previous budget the government’s travelling allowance was budgeted at TP$13 million, but grew to TP$21 million.
The government could not be reached for comment.
Hon. Piukala claimed this was unlawful because the law said the government could only make an increase of 10 percent, or TP$1.3 million. Instead the government increased it by TP$8 million. Piukala described the situation as a crisis currently faced by the nation.
He said there were complaints about the problems with roads, but TP$27 million had been spent on them. He was referring to the former government’s controversial roading project, which is still being dealt with by the Hu’akavameiliku’s government.
During the interview, RTTI owner and journalist Setita Tu’i’onetoa told Hon. Piukala many people did not think this was a time to move a no confidence vote motion because it could affect the economy of the country. She suggested it could stir up political unrest in the country and that the government should be given its remaining two more years to finish off their term.
Hon. Piukala responded by asking where Tu’i’onetoa obtained her facts and said she had given her audience a “misconception of what the reality is.”
He said it was his job as an elected MP to submit the vote of no confidence. He told Tu’i’onetoa her claims were different from the solid information he had.
Tu’i’onetoa told Piukala her source of information was from discussions on social media. She also asked Piukala to explain any failures and causes that would cause enough mistrust in the Hu’akavameiliku government to justify a vote of no confidence.
In response Piukala said, he has been on livestream programmes enough times to explain the failures of this government and he did not know what else he could do to explain it.
By John Gerritsen of RNZ and is republished with permission
Japan’s release of over one million tonnes of treated nuclear wastewater into the Pacific is officially underway.
Tokyo Electric Power Company Holdings has confirmed that the disposal started at 1pm local time on Thursday.
“This is a big step and punctuating moment in the process of decommissioning,” TEPCO spokesperson Junichi Matsumoto told media on Thursday.
“We will have 30 years or so [to release the water], we will ensure safety and quality.
“We will accomplish this discharge, we have to buckle down ourselves and we have to do it with an intense attitude,” he said.
TEPCO said it was an important step towards decommissioning the destroyed Fukushima power plant after it was hit by a tsunami 12 years ago.
“Per day 460 tonnes is the amount of discharge. So if there are no troubles in about 17 days, 7800 cubic metres of water will be successfully discharged,” Matsumoto said.
Assurances were given in TEPCO’s latest media briefing that if unsafe levels of Tritium were detected, the operation would stop until the water has been re-treated through its ALPS processing system and was safe.
Daily monitoring has begun and the International Atomic Energy Agency (IAEA) is also independently monitoring the process on site.
“So, after a sea water pump is operated regarding the vertical shaft, the monitoring will become in service,” Junichi Matsumoto said.
The treated water is being discharged “continuously”, he added.
Holding Japan ‘fully accountable’
Pacific leaders are committed to holding Japan accountable should anything go wrong, the Secretary General of the Pacific Islands Forum, Henry Puna said.
“We’ve done our best to get Japan not to commence the discharge, until there is full agreement that it’s verifiably safe to do so. But Japan has taken a sovereign decision.
“And you know, that point is now past. What we need to focus on now is to hold Japan to account,” he said.
He said Japan has made a guarantee that it will comply with international standards and the Pacific will be watching keenly to make sure it stays that way.
“Since the announcement of the discharge in April 2021, our leaders have been busy engaging with Japan.
“The statements are very clear. Their collective statements expressing our concerns given our nuclear legacy issues and that position has never changed,” Puna said.
Pacific leaders are to discuss the issue face-to-face in Rarotonga in November at the Pacific Islands Forum leaders’ meeting.
The parliament’s decision to grant MPs pay rises which allowed a pay back period of three years from 2018 until 2021 was a breach of the constitution, the Lord Chief Justice Whitten has ruled today.
The decision comes after Member for Tongatapu 4 Mateni Tapueluelu sought leave to apply for judicial review of two resolutions of the Legislative Assembly – 58-A/2018 and 60A/2018 – passed in 2018 and a decision in 2022 to implement those resolutions.
Mr Whitten ruled that Tapueluelu has “established an arguable case that” the House did not comply with its own rule which stipulated that such decisions must be “dealt with as motions”.
As Kaniva News reported previously the House passed the decisions after circulating a circular among its MPs.
However Mr Whitten said previously that “The circulars were neither a motion nor a resolution”.
“The Defendants’ challenge to jurisdiction is refused”, Mr Whitten said today.
“The Plaintiff has leave to proceed.
“The Defendants are to file a Statement of Defence by 22 September 2023.
“The Plaintiff is to file any Statement of Reply by 13 October 2023.
“The matter will be listed for further directions before Tupou J on 20 October 2023 at 9 AM in court 2 or such other date as Her Honour may advise.
The costs of the Defendants’ application shall be costs in the cause”.
The hearing for a judicial review of a decision by Parliament to grant MPs pay rises is now up to a Supreme Court judge to determine if the Legislative Assembly was acting within the powers given to them by legislation
MP Tapueluelu (Middle), his wife Lautala and members of his legal team. Photo/Supplied
Member for Tongatapu 4 Mateni Tapueluelu sought leave to apply for judicial review of two resolutions of the Legislative Assembly – 58-A/2018 and 60A/2018 – passed in 2018 and a decision in 2022 to implement those resolutions.
Tapueluelu and his legal team posed for a photo outside a Tongan court and shared it on social media today.
A caption said this was the final day of the hearing and they were awaiting the court decision.
As Kaniva News previously reported, the application was heard by Lord Chief Justice Whitten.
The effect of the resolutions was to grant Members and staff of the Legislative Assembly a 14% pay rise backdated to 2018.
A previous court document said the timing of the approvals was unreasonable given that the kingdom was in a financial crisis following the volcanic eruption, tsunami and Covid-19 epidemic.
The first resolution was not the subject of a motion prior to its circulation for Members’ approval. Voting was done by placing a tick next to MP’s names and signing their names.
The effect of the resolutions was to propose pay rises for MPs amounting to $TP1,997,742 for 2018/19; $TP1,538,742 for 2019/20; $TP1,538,742 for 2020/21 and $TP1,968,662 for 2021/22.
The pay rises derived from consultancy work done by Dr ‘Aisake Eke and investigations by the Standing Committee on Privileges and the Standing Committee on Finance.
The court was told that none of the reports from the Standing Committees or Dr Eke were referred to Parliament for debate and vote in accordance with Rule 79 of the Rules of Procedure of the Legislative Assembly.
During a sitting of Parliament in June last year the then Minister of Finance, Tatafu Moeaki, referred to a provision of $TP6.7 million for salary increases for Members of the Legislative Assembly and staff.
Lord Chief Justice Whitten said the 2022/23 Appropriation Act was assented to on 30 June 2022. At the bottom of page 152 of the approved Budget, the sum of TP$6.7 million is stated in the “Note” without any explanation or detail as required by ss 7(5) of the Public Finance Management Act.
“Mr Tapueluelu believes that sum represents the amounts for the pay outs pursuant to the resolutions,” the judge said.
In July 2022, the Legislative Assembly resolved to implement the salary increases and backdate the payments to commence from 1 July 2018. That decision was not the subject of any motion presented to, or debate within, the Legislative Assembly. There was no record of any proper resolution to that effect as required by Clause 19 of the Constitution.
“The financial implications of the decision are said to have been immense, given the nation was in a critical situation and in a recovery phase from the impacts of the volcanic eruption and tsunami in January 2022 and the Covid-19 pandemic from the first week of February 2022,” the judge said.
The salary increases for the Members and staff were described in the Reports of the Standing Committees as being justified on the basis of increases in the costs of goods in Tonga. The effect of the decision was to grant Members of Parliament a pay rise of 14%. Meanwhile, the cost of living allowance for all other civil servants was only 3%.
In his application, Hon. Tapueluelu said Parliament’s powers were bound by the Constitution of Tonga, which was the supreme law.
The Rules of Procedure of the Legislative Assembly were mandated by clause 62(2) of the Constitution. The Legislative Assembly’s failure to comply with its Rules was a breach of the Constitution.
The Legislative Assembly did not have the privilege of supremacy over the Courts.
On the use of circulars, Lord Chief Justice Whitten said Part 5 of the Rules of Parliament prescribed the procedure for matters for discussion in the Legislative Assembly. Rule 79 required such matters to be presented by way of a notice of motion. Both the resolutions under consideration were communicated to the Members in the form of circulars delivered to their homes for them to tick and sign their names to express agreement.
The circulars were neither a motion nor a resolution, the judge said.
The manner in which the resolutions were communicated was in breach of Rules 79 and 80 which is, in turn, inconsistent with clause 62(2) of the Constitution.
Circulars were usually used for administrative purposes such as issues concerning travel, donations and other minor matters. In this instance, the practice was inconsistent with Rule 117 and therefore clause 62(2) of the Constitution because it denied Members their right to debate and vote before reaching a decision by means of a resolution as per clause 19 of the Constitution.
“The timing of the approval was so unreasonable that no reasonable authority could ever have decided it,” the judge said.
“Tonga was still recovering from the Hunga Tonga Hunga Ha’apai volcanic eruption and tsunami and the Covid-19 lockdowns. The nation was in crisis and subject to severe financial constraints.
“Yet, the Legislative Assembly made a decision, without any proper motion, debate or vote, to apply substantial amounts of money to pay out salary increases for Members and staff back dated 1 July 2018.”
Lord Chief Justice Whitten granted Hon. Tapueluelu leave to apply for judicial review of the lawfulness of the two resolutions in 2018 and the decision in July 2022 to implement those resolutions.
The hearing for a judicial review of a decision by Parliament to grant MPs pay rises is now up to a Supreme Court judge to determine if the Legislative Assembly was acting within the powers given to them by legislation
Member for Tongatapu 4 Mateni Tapueluelu sought leave to apply for judicial review of two resolutions of the Legislative Assembly – 58-A/2018 and 60A/2018 – passed in 2018 and a decision in 2022 to implement those resolutions.
Tapueluelu and his legal team posed for a photo outside a Tongan court and shared it on social media today.
A caption said this was the final day of the hearing and they were awaiting the court decision.
As Kaniva News previously reported, the application was heard by Lord Chief Justice Whitten.
The effect of the resolutions was to grant Members and staff of the Legislative Assembly a 14% pay rise backdated to 2018.
A previous court document said the timing of the approvals was unreasonable given that the kingdom was in a financial crisis following the volcanic eruption, tsunami and Covid-19 epidemic.
The first resolution was not the subject of a motion prior to its circulation for Members’ approval. Voting was done by placing a tick next to MP’s names and signing their names.
The effect of the resolutions was to propose pay rises for MPs amounting to $TP1,997,742 for 2018/19; $TP1,538,742 for 2019/20; $TP1,538,742 for 2020/21 and $TP1,968,662 for 2021/22.
The pay rises derived from consultancy work done by Dr ‘Aisake Eke and investigations by the Standing Committee on Privileges and the Standing Committee on Finance.
The court was told that none of the reports from the Standing Committees or Dr Eke were referred to Parliament for debate and vote in accordance with Rule 79 of the Rules of Procedure of the Legislative Assembly.
During a sitting of Parliament in June last year the then Minister of Finance, Tatafu Moeaki, referred to a provision of $TP6.7 million for salary increases for Members of the Legislative Assembly and staff.
Lord Chief Justice Whitten said the 2022/23 Appropriation Act was assented to on 30 June 2022. At the bottom of page 152 of the approved Budget, the sum of TP$6.7 million is stated in the “Note” without any explanation or detail as required by ss 7(5) of the Public Finance Management Act.
“Mr Tapueluelu believes that sum represents the amounts for the pay outs pursuant to the resolutions,” the judge said.
In July 2022, the Legislative Assembly resolved to implement the salary increases and backdate the payments to commence from 1 July 2018. That decision was not the subject of any motion presented to, or debate within, the Legislative Assembly. There was no record of any proper resolution to that effect as required by Clause 19 of the Constitution.
“The financial implications of the decision are said to have been immense, given the nation was in a critical situation and in a recovery phase from the impacts of the volcanic eruption and tsunami in January 2022 and the Covid-19 pandemic from the first week of February 2022,” the judge said.
The salary increases for the Members and staff were described in the Reports of the Standing Committees as being justified on the basis of increases in the costs of goods in Tonga. The effect of the decision was to grant Members of Parliament a pay rise of 14%. Meanwhile, the cost of living allowance for all other civil servants was only 3%.
In his application, Hon. Tapueluelu said Parliament’s powers were bound by the Constitution of Tonga, which was the supreme law.
The Rules of Procedure of the Legislative Assembly were mandated by clause 62(2) of the Constitution. The Legislative Assembly’s failure to comply with its Rules was a breach of the Constitution.
The Legislative Assembly did not have the privilege of supremacy over the Courts.
On the use of circulars, Lord Chief Justice Whitten said Part 5 of the Rules of Parliament prescribed the procedure for matters for discussion in the Legislative Assembly. Rule 79 required such matters to be presented by way of a notice of motion. Both the resolutions under consideration were communicated to the Members in the form of circulars delivered to their homes for them to tick and sign their names to express agreement.
The circulars were neither a motion nor a resolution, the judge said.
The manner in which the resolutions were communicated was in breach of Rules 79 and 80 which is, in turn, inconsistent with clause 62(2) of the Constitution.
Circulars were usually used for administrative purposes such as issues concerning travel, donations and other minor matters. In this instance, the practice was inconsistent with Rule 117 and therefore clause 62(2) of the Constitution because it denied Members their right to debate and vote before reaching a decision by means of a resolution as per clause 19 of the Constitution.
“The timing of the approval was so unreasonable that no reasonable authority could ever have decided it,” the judge said.
“Tonga was still recovering from the Hunga Tonga Hunga Ha’apai volcanic eruption and tsunami and the Covid-19 lockdowns. The nation was in crisis and subject to severe financial constraints.
“Yet, the Legislative Assembly made a decision, without any proper motion, debate or vote, to apply substantial amounts of money to pay out salary increases for Members and staff back dated 1 July 2018.”
Lord Chief Justice Whitten granted Hon. Tapueluelu leave to apply for judicial review of the lawfulness of the two resolutions in 2018 and the decision in July 2022 to implement those resolutions.
Former New Zealand coach Steve Hansen has joined Australia in a short-term advisory role in the leadup to the Rugby World Cup after accepting an invitation from Wallabies coach Eddie Jones.
An Australia team spokesperson confirmed Hansen, who guided the All Blacks to their 2015 World Cup win in England, would be in camp this week ahead of Sunday’s warmup test against World Cup hosts France in Paris.
Hansen is not being paid by Rugby Australia for what is expected to be a one-week stint, the spokesperson said.
Jones and Hansen have battled from opposing coaches’ boxes throughout their long careers, most notably during the 2019 World Cup in Japan.
Under Jones, England upset Hansen’s All Blacks 19-7 in the semi-finals before losing 32-12 to South Africa in the final.
Jones, who is winless from four tests in his second stint coaching the Wallabies, is expected to name his matchday squad for the France clash on Friday.
Australia, under former coach Dave Rennie, were beaten 30-29 away by France last November.
Jason Taumālolo has lost two of his mother’s brothers after they died within hours of one another.
Vaimama Sole (L) and Palei Sole. Photo/Supplied
Vaimama Sole died in Tonga while Palei Sole died in Hawai’i on Friday 18 (Tonga time) with their heartbroken kāinga and friends sharing their grief at the loss of their friends and cousins.
The causes of their deaths are still unknown.
Now devastated relatives have shared their devastation on social media.
They described the brothers as “mata ‘ofa and mata kāinga” or loving and eager to connect with their relatives wherever they met.
“It is with very heavy hearts that we heard the tragic passing of the Sole brothers,” a commenter wrote.
“Their family and friends are devastated by their loss”, another wrote.
The news comes as North Queensland Toyota Cowboys were still celebrating Taumālolo’s 250th game milestone last night Thursday 17.
The North Queensland co-captain and middle forward played his 250th NRL game for the club against Cronulla.
Taumālolo has become the youngest player in the club’s history to reach this historic achievement.
His success comes after he missed two months of action mid-season with a knee injury and returned against Penrith on the bench in Townsville in round 16 to inspire a vital 27-23 win.
A Tongan man who was caught trying to smuggle 29.7kg of methamphetamine from Tonga into New Zealand has been sentenced to life at Hu’atolitoli prison.
Norman Kama Manulevu
Norman Kama Manulevu, 45, from Nukuhetulu, Tongatapu was charged with exporting illicit drugs after a joint operation between New Zealand and Tonga police intercepted the suspicious parcel in Auckland in 2021.
The parcel was concealed in a food container which was transported from Tonga before it arrived in New Zealand in July that year.
At the time, New Zealand authorities arrested five suspects and charged them with importation of methamphetamines from Tonga as part of the investigations.
A report by theMatangi Tonga Online this week said Justice Cooper sentenced Manulevu to life imprisonment, after he was found guilty by a jury on 10 August, at the Supreme Court in Nuku’alofa.
“It is understood that the accused is the first to be convicted and sentenced to life imprisonment under new amendments to the Illicit Drugs Control Act introduced in December 2020”, the report said.
“The new provisions provide that a person convicted of importing or exporting a class A illicit drug such as methamphetamine or cocaine, above a certain weight, will receive a mandatory life imprisonment sentence.
“The provisions were introduced to impose tougher sentences for persons who import or export class A illicit drugs”.
A Tongan father who died after being electrocuted at a construction site was laid to rest on Wednesday at the Northshore Memorial Park, Auckland.
Wesley Talakai, with his wife Tasha and their two boys. Talakai died in a workplace accident in the North Shore
Wesley Talakai, 38, was delivering timber to the worksite of a house being built on Tauhinu Road in Greenhithe, Auckland on August 5, a Daily Mail report says.
Mr Talakai was helping to unload the timber from his truck as a crane operator tried to move the packets of wood.
But the tradesman was electrocuted when the raised crane accidentally touched high voltage power lines that were above Mr Talakai’s truck during the operation.
Emergency services were called to the construction site by the owner but Mr Talakai died at the scene.
Mr Talakai leaves behind a wife, Tasha Talakai, and two boys aged 12 and five.
His funeral is scheduled for next week with family from Tonga set to fly over to attend.
The family has also received support from the local Tongan community in Auckland.
Lisa McKenzie, who is a close friend of Ms Talakai’s, reflected on the tragedy.
‘They are the nicest, most loving family. He was so devoted to her and anyone they came into contact with, they carried light and were nice to everyone, and like a really sweet family,’ she told the New Zealand Herald.
‘It’s sad for anybody but heart-wrenching for this family because they were so closely connected.’
Ms McKenzie has set up a Givealittle page to support the family which will go towards covering their bills.
‘Let’s help this beautiful Christian homeschooling family through our donations, which will allow a bit of breathing space, by paying to keep a roof over their heads, food, electricity, and other basic necessities,’ she wrote.
WorkSafe has commenced an investigation into the incident.
Tonga government is expected to face Parliament’s Select Committee over concerns about airworthiness of Lulutai’s aircrafts.
DHC-6-400aircraft. Photo/Supplied
The government’s owned national troubled Lulutai airlines had been under the spotlight long enough for the House to unanimously vote in favour of a proposal this week by the Tongatapu 7 MP to investigate the services.
The Select Committee of six MPs had been approved by the Legislative Assembly after mounting concern surrounding the airworthiness of the Lulutai aircraft.
The Committee is responsible for making sure that Lulutai’s works meet levels of transparency and accountability expected by taxpayers.
The inquiry comes after the company’s Y12 aircraft veered off the runway during its take-off run last month.
As Kaniva News reported at the time the aircraft spent 20 minutes trying to take off before it returned to the terminal at Kaufana airport.
Shortly after the Kaufana incident the Y12 plane collides with an aircraft tug after the tow-bar snapped during towing at Fua’amotu hangar prompting cancellations to its flight schedules.
Prime Minister Hu’akavameiliku told a press conference recently that Lulutai’s 34-seater SAAB aircraft had to return to Tongatapu after it struggled to land at the Lupepau’u International Airport.
The Parliament had also been concerned this week over the government’s lack of transparency about its new aircraft which most of the MPs had only became aware of the purchase after Kaniva News reported it last week.
In that report we said the airlines has bought a 19-seat DeHavilland Canada Twin Otter for US$6.5 million including other costs.
Deputy Prime Minister Sāmiu Vaipulu said the new aircraft was part of the government’s move to fix the domestic flight services ongoing issues. He said once these problems are resolved the airlines will be given to a private operator.
New aircraft to leave China
Meanwhile, Kaniva News understands the Lulutai’s new aircraft is expected to leave China heading to Australia for painting and to have its logo designed before heading to Tonga.
The Lulutai airlines chief executive Poasi Tei has confirmed this to Kaniva News this morning. When asked about the new aircraft’s schedules once it leaves China, Tei said they are currently working on it.
The Select Committee six members include the Deputy Prime Minister Hon. Samiu Vaipulu and the Hon. Finance Minister from Cabinet, Lord Tu’ivakano and HSH Prince Kalaniuvalu Fotofili of the Noble’s bench and Tongatapu 5 MP, Dr. ‘Aisake Eke and Piveni Piukala of Tongatapu 7.
The reserve members also include the Hon. Trade Minister Dr. Viliami Latu from Cabinet, Mateni Tapueluelu of Tongatapu 4 constituency from the People’s Bench and Lord Nuku from the Noble’s Table.
