The King’s decision to revoke two Cabinet appointments contravene Clause 51 (3)(a) of the Constitution, according to the government.
Prime Minister Hu’akavameiliku. Photo/Screenshot (Radio FM87.5)
A former Attorney General says if the issue is not resolved Tonga could face a constitutional crisis.
The government has confirmed that it received a letter from the Lord Privy Seal revoking King Tupou VI’s approval of two Cabinet appointments.
The King withdrew his appointment of Prime Minister Hu’akavameiliku as the Minister for His Majesty’s Armed Forces and Hon. Fekitamoeloa Katoa ‘Utoikamanu as the Minister for Foreign Affairs and as the Minister for Tourism.
In a statement issued this morning, the government said Cabinet had sought advice from the Attorney General on His Majesty’s decision.
The government said the Attorney General’s legal advice was consistent with all past advice on the same issue, sent from the Attorney General’s Office to the Palace Office.
Cabinet has agreed to send a letter addressing the statement about the appointment and the legal advice to the Private Secretary of His Majesty.
The Prime Minister, who is believed to be in New Zealand, has expressed his confidence in Hon. ‘Utoikamanu.
Former Attorney General Aminiasi Kefu said the King could only remove a minister on the recommendation of the Prime Minister. He said it was up to the Prime Minister to decide what to do.
He told Radio New Zealand that if the PM and King failed to agree then the country would face a constitutional stalemate.
The government has directed questions about the Privy Council decision to the Palace Office.
Just days after the appointment of Dr Siale ‘Akau’ola as Tonga’s new Minister of Health, the King has withdrawn his consent for two other Cabinet appointments.
King Tupou VI
An undated memo from the Lord Privy Seal, Viliami Malolo, to Chief Secretary of the Cabinet Paula Ma’u seen by Kaniva News details the king’s refusal to accept the appointments.
“His Majety was pleased by and with the advice of his Privy Council to withdraw His confidence and consent to the appointment of the Hon. Hu’akavameliku as Minister or His Majesty’s Armed Forces,” the memo said.
The memo said the king was also withdrawing consent for the appointment of the Hon. Fekitamoeloa Katoa ‘Utoikamanu as Minister for Foreign Affairs and Minister for Tourism.
Several Cabinet appointments have yet to be ratified by the king.
Last year Prime Minister Hu’akavameliku said he had nominated a new Minister to replace former Minister of Fisheries Semisi Fakahau. That nomination has yet to be ratified by the king.
Reports at the time suggested the Prime Minister had also nominated a replacement for the Minister of Police.
Immigration Minister Fekita ‘Utoikamanu. Photo/PM Office
The government is remaining tight lipped about the king’s action.
Kaniva News has asked the Chief Secretary and Prime Minister whether they have received the king’s memo.
In an interview with Broadcom Broadcasting this morning, Deputy Prime Minister Samiu Vaipulu did not deny the existence of the memo. However, he repeatedly refused to answer questions about the king’s withdrawal of his consent to the appointments.
He said Cabinet was working on a response and would release a statement later.
Hon. Vaipulu said the PM was currently overseas.
The PM’s nomination of a new Minister of Fisheries has yet to be appointed.
The King can only revoke a Minister’s appointment if he has been advised by the Prime Minister according to Clause 51 of the Constitution.
Kaniva comment
Hon. Fekita Utoikamanu was appointed from outside Cabinet. It is unclear how she would be affected by the King’s decision. There appears to be no clause in the Constitution allowing His Majesty to withdraw his appointment of any minister after their appointment.
The question is whether Hon. Utoikamanu would remain as Minister despite the king’s withdrawal of his approval.
The fact that the King withdrew his consent following the advice of the Privy Council will also re-awaken concerns raised as far back as 2017 about the role of the king’s counsellors.
Prime Minister Hu’akavameiliku. Photo/Screenshot (Radio FM87.5)
The then Justice Minister Vuna Fā’otusia said decisions made by Parliament were sometimes vetoed by His Majesty because of advice from the Privy Council.
He said the members of the council were not chosen by the people.
It is about a decade since lawyer Peter Pursglove said that Tonga’s 2010 constitution was the poorest among all Commonwealth countries. He made suggestions to improve it, but progress had been stalled. Pursglove expressed concern about the role and the establishment of the privy council.
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Health Minister departure another blow to PM as king yet to appoint Cabinet ministers nominated in July
Dr Siale ‘Akau’ola has been appointed as Tonga’s new Minister of Health.
Dr Siale Akau’ola
He is the former CEO for Health.
The appointment was marked at a ceremony this afternoon.
The Chief Secretary and Secretary to the Cabinet, Mr Paula Ma’u, handed over appointment documents and signed up the new minister.
Dr ‘Akauola and his wife posed for photos holding his appointment certificate.
He was CEO for Health for four years. Last year he marked 37 years as a civil servant with the Ministry of Health.
Dr ‘Akauola was at the forefront of Tonga’s fight against Covid-19 and oversaw the installation of a testing laboratory funded by India. He pushed for widespread vaccinations and set an early target of 70% immunisation.
He replaces Dr Saia Ma’u Piukala who took up a new position as regional director for the World Health Organisation in the Western Pacific.
Dr Piukala’s resignation has triggered a by-election.
He has nearly three decades of experience working in public health in Tonga and across the region in areas including chronic diseases, climate change and disaster response.
A number of Cabinet appointments have yet to be ratified by the king.
Last year the Prime Minister said he had nominated a new Minister to replace former Minister of Fisheries Semisi Fakahau. That nomination has yet to be ratified by the king.
Reports at the time suggested the Prime Minister had also nominated a replacement for the Minister of Police.
Kaniva News has previously contacted the Prime Minister for comment.
Speculation and controversy surrounds a proposal to construct a luxury centre on royal land in Tonga.
TDB’s building project conceptual designs. Photo/Facebook (TDB)
It has been claimed that a proposal was first raised last year by the Low Company, which sought funding from the Tongan Development Bank. However, the owners of the Cost Low supermarket are in now dispute with the Tonga Development Bank since the project at Tufumāhina, where the king has an estate, has apparently stalled.
Now the TDB has announced the construction of a luxury resort on royal land at Polata’ane. It did not say who was going to construct the project, but the TDB appears to be claiming credit for the project.
According to a report by the Tongan Independent the Cost Low Company has filed an application for an Injunction on a Mortgage Notice issued by Tonga Development Bank.
The dispute appears to date from a meeting in March last year between Tonga Development Bank CEO Emeline Tuita and the head of Royco Group, owners of Cost Low, Charlotte Cocker Tu’i’ile’ila. Cost Low had secured a government construction contract in Tufumāhina. It is understood Cocker wanted to refinance Cost Low, requiring financial support from TDB.
The Independent reported that the proposal involved merging the Royco Group’s debts into a new entity for the project with the bank owning 80% and Cost Low owning 20% to clear Costlow’s debts. The Independent said the decision was officially confirmed in a letter from TDB’s CEO to Royco Group’s directors on March 20.
On March 26, TDB invested $2.184 million into Cost Low. However, on March 27, an unexpected delay occurred when Mrs. Cocker’s accountant came to execute share transfer documents for the new SPV. There was still no progress by April.
Cocker claimed there had been a serious breach of confidentiality related to Cost Low’s banking affairs. She claimed a third party has been making enquiries regarding the contract held by Cost Low.
Cost Low’s legal representative sent letters to the Reserve Bank on April 12, alerting them to the confidentiality breach.
The independent claimed there had been no official response, but on August 8 the Development Bank issued a Mortgage Notice, alleging defaults on securities and saying it intended to take possession of Cost Low’s property.
An internal National Reserve Bank of Tonga document seen by Kaniva News appears to show it was concerned at the amount of the TDB’s exposure to debt totalling $TP6.6 million through the Cost Low loan.
It said the TDB’s liquidity rate had fallen for, among other reasons, the acquisition of Cost Low assets and development rights at the Tufumāhina property.
The NRBT report said decisions around the Cost Low loan had been taken “without due diligence to protect TDB’s interests.”
According to the former editor ofKele’a newspaper, Mateni Tapueluelu, Cost Low has taken legal action against TDB’s CEO Emeline Tuita. Cost Low has accused the bank and CEO Tuita of failing to perform their duties under an agreement to process a loan to fund the Special Project Vehicle (SPV) to consolidate the Cost Low and Royco businesses.
Tapueluelu named the first plaintiff is Cost Low director Charlotte Jane Cocker Tu’i’ile’ila, and the second plaintiffs are Cost Low Company Limited, Tuapasio Nufahu Tu’i’ile’ila and Royco Developments Limited.
Tapueluelu said that according to the statement of claim, Cocker submitted her business plan to the TDB and told the bank the royal estate agent had approved in principle the company’s application to lease lands at the king’s estate at Matatoa for 70 years. The lease value was $TP6 million and this was part of the company’s loan.
It was alleged that the bank had paid the $TP6 million lease to the king from the bank and not from Cost Low, which had applied for the loan. Tapueluelu said the kings’ agent said the payment should have come from Cost Low, not the bank.
It also showed CEO Tuita of the bank insisted the payment was still from Cost Low but since the bank would have shares of 80 percent in the SPV the bank could issue the payment directly to the king.
However, lawyer Edwards for the plaintiffs argued that the Cost Low loan was no longer being processed. He said the plaintiffs had told the bank the project would be in three phases including three two – storey buildings and, in another phase, a convention centre and other accommodations to be leased out to the government.
However, the TDB’s lawyer, Teimumu Tapueluelu, said the deal had not been approved and the bank has a legal obligation to seize any securities or properties to cover overdue debts.
The plaintiffs’ lawyer has argued the agreements and mutual understanding between the bank and the plaintiffs caused the plaintiffs to begin working on the project and that should be regarded as a mutual agreement.
This month the Tongan Development Bank announced plans to build a luxury centre at Polata’ane, in the royal estate.
The bank said the project would include a conference centre, a restaurant, two luxury villas with 23 apartments and a swimming pool and bar.
The TDB describes the centre as a turnkey project due to be completed by June 2024. It has not said who will build the project, but appears keen to take credit for it.
The bank’s press release said: “The fence has been erected and the timbers have been put up! They show that great work is imminent.”
Fakafanua said the by-election would be held on Thursday 28 March 2024.
The by-election is called due to vacancy in the parliamentary seat for Vava’u 14 after their Representative, Hon. Saia Ma’u Piukala, resigned from his seat, on January 26, 2024.
The Speaker of the Legislative Assembly of Tonga received the resignation letter from the People’s representative for Vava’u 14, Dr. Piukala last Friday, January 26, 2024.
Hon. Piukala was confirmed last week as the WHO Regional Director for Western Pacific after he was elected by the WHO Regional Committee for the Western Pacific. Dr. Piukala is the first Pacific Islander to take the role.
Hon. Piukala was first elected to Parliament in 2014, and re-elected in the 2017 and 2021 general elections. He served as an MP for a period of ten years and 26 days.
The date for the by-election to elect the Representative for the People of Vava’u 14 was confirmed today after consultation between the Lord Speaker of Parliament and the Chairman of the Electoral Commission, the Rt. Hon. Lord Dalgety K.C, as required by the Legislative Assembly Act.
The Legislative Assembly will reconvene on February 12, 2024.
Police Commissioner Shane McLennan has expressed disappointment after he discovered the identity of a senior police officer he had suspended had been shared online.
A Tongan Police officer. Photo/Kaniva Tonga
Mr McLennan reminded the online community the importance to prevent undue prejudice to a person before the prosecuting authority decides to prosecute.
He has asked online users to remove the officer’s name and details.
He said a senior police officer had been suspended in the past week for some alleged workplace behaviours, and there is a current internal investigation being conducted by our Professional Standards Unit into that officer’s behaviour and into the circumstances where these behaviours have occurred.
Depending on the outcome of this investigation, internal disciplinary charges and/or criminal charges may eventuate, he said.
It is therefore incumbent on all parties, particularly those posting on social media, to allow any investigation and subsequent matters to take course in a manner which does not jeopardise future legal proceedings.
“I was disappointed to learn that the suspended officer has been identified and ridiculed via social media posting.
“I ask those posting and sharing such material to reconsider their actions and it would be most appropriate to remove the officer’s name and identifying details. Everyone is entitled to a course of natural justice.
“I can advise that the welfare of members affected by the alleged behaviour is also being attended to.
No workplace is perfect, and Tonga Police strives to make our workplaces safe for all our staff.
“Accordingly, I recently circulated an ALL-STAFF email to raise this matter so that we can all collectively take responsibility and address any unwanted or bad behaviour in the workplace.
I want to thank my staff within Tonga Police for the work they do every day and night to keep our communities safe”.
A man has died after falling down a cliff in the island of Tofua, Ha’apai.
Nuku’alofa Central Police Station. Photo/Kalino Lātū
The 44-year-old man from Fatai, Tongatapu tragically fell off the cliff before he died, the Police said.
The depth measurement of the cliff had not been revealed.
The deceased has been an occupant for over a decade at Tofua island for planting kava crops.
On the day of the tragedy, a witness said that the deceased heard someone calling from below the cliff that he went to check.
Unfortunately, he accidentally fell off.
A call for assistance to the Town Officer of Kotu was made around dawn of Saturday, 27 January through a VHF radio transmitter, which was received by the Town Officer of Matuku, who relayed the message via mobile phone to the Town Officer of Kotu.
Three men were then sent to Tofua island to assist.
At around 1.00 pm, Saturday, 27 January, the three men returned to Kotu with the deceased’s body, which was then further transported to Ha’afeva to be examined by a medical doctor.
Due to the state that the deceased’s body was in and the bad weather conditions, the doctor and the Ha’afeva District Officer decided that it was best to bury the deceased immediately.
Police investigations into the matter continue in order to produce reports for his formal inquest.
Tonga Police would like to send their condolences to the family.
Contact Police on phone 740-1630/740-1632 or 922 to report crime.
Fiji’s public prosecutor has sanctioned charges against 13 people in connection to the Nadi drug raids on 14 and 20 January.
Approximately 1.1 ton of white substances in crystal and powder was seized in Maqalevu, Nadi on 20 January 2024 Photo: Fiji Police Force
The 13 accused persons are charged with unlawful possession of illicit drugs, the Office of the Director of Public Prosecutions (ODPP) in a statement on Monday.
“Of the 13 accused persons, two are also charged with unlawful importation of illicit drugs. It is alleged that the accused persons without lawful authority, facilitated the importation and were found in possession of 4.8 tonnes of methamphetamines, an illicit drug.”
The ODPP said three out of the 13 accused persons have also been charged with possession of property suspected of being proceeds of crime.
“It is alleged that the three accused persons were found in possession of cash (local and overseas currency) suspected of being proceeds of crime,” the statement said.
The 13 people will be produced at the Nadi Magistrates’ Court on Monday afternoon, local time.
‘Destined for foreign market’
Assistant Commissioner of Police (Crime), Mesake Waqa confirmed that Fiji was being used as a transit for the drugs.
“Through joint efforts with our international law enforcement partners the Australian Federal Police and the Pacific Transnational Crime and Coordination Centre, it has been confirmed that Fiji was being used as a transit point and that the methamphetamine was destined for a foreign market,” he said.
“It is expected some of the spillover was for the local market.”
Waqa said the drugs arrived in Fiji in late December.
He said the exchange of the shipment of methamphetamine is believed to be made outside of Fiji’s Exclusive Economic Zone, and the packages were delivered via a barge.
The investigation revealed that the accused persons in taking delivery of the illicit substances stored it at a private warehouse, Waqa said.
“It is alleged that more than three tonnes were transported to Legalega and later more than one tonne to Maqalevu. Those involved in the delivery and subsequent packing of the drugs have also been charged.”
Waqa said the investigations “are by no means over” and Fiji police will be working with foreign counterparts and expecting to make more arrests.
The investigators are working with the ODPP looking into the proceeds of crime.
“Investigations will also be pursuing information of the involvement of other locals as we cannot rule out the involvement of other persons of interest. Investigations have also uncovered the involvement of a foreign national tied to a known syndicate, whom we are pursuing with the help of our international partners.”
“The Fiji Police Force acknowledges with sincere gratitude the sharing of information resulting in the quick arrest of three of the main accused persons in the Northern Division as they were allegedly trying to flee the country.
He also acknowledged people who came forward to provide information of suspected illegal activities, resulting in other arrests.
“At this juncture of the investigation and with the case to be presented before the courts today, the Fiji Police Force will not be making further comments on the ongoing investigation until major developments are made.
He said Fiji Police is committed to ensuring those involved in the illicit drug trade are brought to justice.
“Through the support of our foreign partners, we are confident of disrupting drug syndicates and reiterate that no one is above the law.”
New Zealand’s incoming High Commissioner to Sāmoa, Si’alei Van Toor, is the first person of Sāmoan heritage appointed to the role.
New Zealand’s incoming High Commissioner to Sāmoa, Si’alei Van Toor, is the first person of Sāmoan heritage appointed to the role. She is also being accredited as New Zealand’s Consul-General to American Sāmoa. Photo: Supplied
She is also being accredited as New Zealand’s Consul-General to American Sāmoa.
High Commissioner Van Toor, a mother of two, has previously been New Zealand’s representative to Taiwan and ambassador to Russia.
The diplomat starts her posting next month and said Sāmoa will provide many opportunities, including exploring her cultural heritage.
“New Zealand and Sāmoa share a deep and multifaceted relationship, based on extensive people-to-people, sports, business and cultural links, and close historical ties,” she said.
“The framework for the relationship is strong, based on the Treaty of Friendship of 1962 and the 2019 Statement of Partnership. I look forward to leading the New Zealand High Commission to maintain and develop the relationship further still.”
Born and raised in Tāmaki Makaurau Auckland, Van Toor’s maternal grandparents arrived separately in New Zealand during the 1940s, where they would eventually meet and marry.
“On a more personal note, being able to live and learn more and discover my culture, and have that time to really delve into it and understand it with some depth… it’s an incredible opportunity,” Van Toor said.
“I lived in Samoa in 1999 as a master’s student for around six months, and it gave me a taste, of what it was like to live there, and I just loved it.”
Van Toor’s mother, Lorraine Havill, said watching daughter Si’alei achieve international success over the years has been exciting, adding her late husband Ken Havill (former Western Springs College principal) was immensely proud of having a diplomat in the family.
Samoa is preparing to host the Commonwealth Heads of Government Meeting in October.
By Iliesa Tora, of RNZ.co.nz and is republished with permission
The World Health Organisation (WHO) Regional Director for the Western Pacific, Dr Saia Ma’u Piukala, says he will be a servant of the region as he takes up his new posting in Manila.
He becomes the first Pacific islander to hold the position.
Addressing the WHO Executive Board Dr Piukala, who was Tonga’s Health Minister until he resigned two weeks ago, he said his appointment “is a moment of pride for Pacific people”.
“The enormity of this task is not lost on me, and I am deeply moved and honoured by the trust that Member States and Executive Board members have bestowed upon me,” he said.
Responding to RNZ Pacific on his appoinment, Dr Piukala said he is proud to be representing the Pacific at the WHO and the region.
“This is for Tonga and the Pacific. Maybe the time was right. God’s timing is always the right time,” he said.
Dr Piukala, left, Tonga’s Prime Minister Hu’akavameiliku Siaosi Sovaleni. Photo: RNZ Pacific/Iliesa Tora
Dr Piukala said he was grateful for the opportunity he was given to serve the people of Tonga and now looks forward to serving the Western Pacific region in his new role.
He said the fact that he now stands amongst public health giants at the WHO after growing up as a barefoot boy running around the beaches of Vava’u Island is proof that no one is really left behind.
“And despite our different stories, we all have something to contribute,” he said.
He said he was looing forward working closely with WHO member states, the Director-General Dr Tedros Adhanom Ghebreyesus, regional directors and country offices.
“Let us work for a world where no barefoot child, looking out at a rising sea, needs to worry about what the future holds for his or her health and the health of their family,” he said.
Dr Ghebreyesus said his is looking forward to working with Dr Piukala to promote and protect the health of people across the region.
Regional visits and focus to kick start new role
Dr Piukala will be visiting some of the 37 countries and areas in the Western Pacific Region to kick start his role.
The visits will include meeting with governments and other stakeholders to discuss critical issues that impact health and explore areas for increased collaboration.
The WHO said under Dr Piukala’s leadership, it aims to strengthen health care in the Western Pacific by integrating efforts to achieve transformational primary health care and universal health coverage.
Focus will on addressing leading causes of disease and mortality in the region, including noncommunicable diseases (NCDs).
NCDs, including diabetes, cardiovascular diseases, cancer and chronic respiratory illnesses, together account for nearly nine out of 10 deaths in the Region.
Dr Piukala will lead the regional team’s focus on healthy ageing and actions to address mental health and oral health, as well as maternal and child health, immunisation and communicable disease prevention and control, while also leveraging health technology to address inequities, including potential entry points for private sector engagement.
WHO said accelerating action on climate change, the environment and health is another major focus for Dr Piukala. His administration will review current initiatives and identify new opportunities to support country efforts.
“A cross-cutting, integrated strategy will be developed, and engagement with internal and external stakeholders intensified to enable new technical and diplomatic mechanisms for accelerating action on climate change and health,” WHO said.
“He will ensure strong support to countries and areas of the Western Pacific for pandemic prevention, preparedness and response.
This includes engagement in global processes underway to develop and ratify a new international “Pandemic Accord”, and make needed changes to the International Health Regulations.”
