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Next round of legal fight over Lord Sevele’s compensation claim set for next February

By
Philip Cass
-

Lord Chief Justice Whitten has set February 14 next year for the next round of the legal clash between the government and Lord Sevele.

The ruling follows an order made earlier this year by his predecessor, Lord Chief Justice Paulsen, that Lord Sevele should have another chance to argue his case for compensation over the government’s decision to abandon the 2019 Pacific Games.

Lord Sevele has argued that when the government cancelled the Pacific Games and disbanded the Games Organising Committee, the committee agreed to pay him TP$105,869.98 severance pay.

He has argued that the Government is responsible for paying the settlement.

“In my view, this case raises an important issue and while the amended statement of claim should be struck out the justice of the case requires that the plaintiff be given a further opportunity to amend his claim,” Lord Chief Justice Paulsen said.

Lord Chief Justice Whitten made his decision after Lord Sevele filed a third amended statement of claim on the matter.

He said all documents on which either party intended to depend for the trial had to filed by November 19.

The judge said Lord Sevele had to file an outline of his submissions for trial by January 24 next year.

The government has been ordered to file an outline of its submissions for the defence by February 7.

The main points

  • Lord Chief Justice Whiitten has set February 14 next year for the next round of the legal clash between the government and Lord Sevele.
  • The ruling follows an order made earlier this year by his predecessor, Lord Chief Justice Paulsen, that Lord Sevele should have another chance to argue his case for compensation over the government’s decision to abandon the 2019 Pacific Games.

For more information

Supreme Court says Lord Sevele should have another chance in his claim against government

Supreme Court says Lord Sevele should have another chance in his claim against government

Pōhiva Tu‘i‘onetoa sworn in as new Prime Minister

By
Kalino Latu
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Pōhiva Tu‘i‘onetoa  is officially the prime minister of Tonga.

King Tupou VI signed the warrant appointing Tu‘i‘onetoa as prime minister in a swearing in ceremony at the Royal Palace in Nuku’alofa this morning.

As Kaniva news reported previously, Tu’i’onetoa has outlined policy areas in an exclusive interview in which he revealed his People’s Party new slogan – “Counting two as one.”

In Tongan, “Lau e ua ko e taha”, means to regard two people with different views as one and treat them the same way.

He said this was a time for “reconciliation” and uniting the country which has been long divided by political rivalries and dispute.

Hon. Tu’i’onetoa said two priorities his government would focus on were sealing all public roads with tar and filling roads to plantations and tax allotments with rocks. The other priority is the e-government project.

He said this evening a revocation process is underway to terminate some members of the ‘Akilisi Pōhiva’s cabinet ministers before the king would appoint the new cabinet ministers.

As Kaniva news reported Hon Tu’i’onetoa has confirmed to us his new cabinet lineup is as follows:

1. Dr Pōhiva Tu’i’onetoa – Prime Minister of Tonga, Minister of Foreign Affairs, Minister of Public Enterprises

2. Sione Vuna Fā’otusia – Deputy Prime Minister, Minister of Justice and Prison

3. Tēvita Lavemaau – Minister of Finance, Minister of Customs and Revenue

4. Siaosi Sovaleni – Minister of Education

5. Dr. ‘Amelia Afuha’amango Tu’ipulotu – Minister of Health

6. ‘Akosita Lavulavu – Minister of Infrastructure, Minister of Tourism

7. Poasi Tei – Minister of MEIDECC

8. Lord Nuku – Minister of Police

9. Sāmiu Vaipulu – Minister of Trade and Economic Development

10. Vātau Hui – Minister of Internal Affairs

11. Lord Tu’ilakepa – Minister of Agriculture and Fisheries

12. Lord Ma’afu – Minister of His Majesty’s Armed Forces, Minister of Land and Survey and Natural Resources 

A statement from the Prime Minister Office said: “Dr. Pohiva Tu’i’onetoa studied Accounting at the Institute of Chartered Accountants of New Zealand (CA) in 1982. He received a Graduate Diploma in Financial Management from Monash University, Melbourne, Australia in 1993, and went on graduating with a Master of Business Accounting (MBA) from the same University in 1994. He received his Fellow Chartered Accountant (FCA) from the Fellow of Institute of Chartered Accountant of New Zealand in 1999. He is a certified Management Accountant (CMA) from the Institute of Certified Management Accountants in Australia in 1997, and a receiver of a certificate of Civil Law from the University of the South Pacific. 

“The Hon. Tu’i’onetoa is a Doctor of Christian Ministry, from the Faith Evangelical Lutheran Seminary, Tacoma, Washington, USA since 2000.

“He first joined the Tonga Civil Service in January, 1979. He was the Official Liquidator at the Department of Justice, commercial Division in Hamilton, New Zealand. He served as Tonga’s Auditor General (AG) from 1983-2014, before he was first elected to parliament in the 2014 General Election as People’s Representative for Tongatapu Constituency No.10. He was a Private Secretary to His Majesty from 1987-1988, and also clerk to the Privy Council during the same period.

“In the Pohiva’s Government, Dr. Pohiva Tu’i’onetoa served as Minister for the, then Ministry of Labour, Commerce and Industries; Minister of Police, Prisons and Fire Services. He became Minister of Revenue and Customs up to September 2017, where he was later appointed as Minister of Finance and National Planning in January 2018. 

“He was a member and representative at the International Congresses of International Organization of Supreme Audit Institutions (INTOSAI); elected member of the Governing Board of INTOSAI for six years in 1992, and was reelected in 1998 for another six years until 2004. He attended the Conference of Commonwealth Auditors General, and the regional branch of INTOSAI the SPASAI. He was also Secretary General of SPASAI for 10 years from 1985-1994. He is currently one of the Governors of the World Bank – IMF.” 

Tonga lament slow start against France

By
Kaniva Staff
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By Vinnie Wylie, RNZI Sports Reportervinnie.wylie@rnz.co.nz. This story is republished with permission.

Tonga were left to rue another slow start as they fell agonisingly short of repeating their shock victory over France from eight years ago.

The ‘Ikale Tahi were pipped 23-21 in Kumamoto last night, having trailed 17-0 just before half-time.

Tonga also gave Argentina a 28-point headstart last week and coach Toutai Kefu was at a loss to explain their sluggish beginnings.

“I don’t know, it’s a good question. The coaches talked about it straight away post-game – maybe we warm up for too long (laughing), I don’t know. It’s something we need to look at. I think it’s probably just the mental thing because, as you can see, we finish a game really well so definitely an issue for us,” Toutai Kefu said.

France’s two Fijian flyers inflicted the initial blows with Alivereti Raka setting up Virimi Vakatawa for the opening try before regathering his own kick to score the second.

Sonatane Takula struck back for Tonga with 30 seconds to play in the first half, which cut the deficit to 10 points and Toutai Kefu said that gave the ‘Ikale Tahi some real belief.

“We didn’t start the game as well as we thought we would, very similar to last week, and I think just after half-time the boys realised that, even though we played poorly, we were still in the game. We had 40 minutes to turn that around and I think just mentally we just had a little bit of a mindset change in the second half to keep putting pressure on them with the ball in hand, with territory,” said Toutai Kefu.

Malietoa Hingano capitalised on a wicked bounce to score Tonga’s second try and close the gap to just three points with over half an hour still to play.

Two penalty goals gave France a nine point buffer with 20 minutes to play but Tonga began to exert real pressure on the opposition line, as the Kumamoto crowd got behind the men in red.

The French defence cracked again with just 90 seconds left on the clock, as flanker Zane Kapeli out jumped Damian Penaud to score from a pinpoint cross-kick from Leon Fukofuka.

Latiume Fosita slotted the sideline conversion to make it 23-21 but France regathered from the kickoff and promptly booted the ball into touch to secure their third straight win and seal a spot in the quarter finals.

Tonga captain Siale Piutau was proud of his side’s performance but said ultimately they made too many errors.

“I think it takes a while for us to grow into the game and start to get that belief. I think it just comes too late for us but I think the more times we play tier one nations the better it’s going to be for us – we’re going to grow in belief and I think just that first 20 minutes France did a great job in keeping us down in our own half and we were making errors, slipping off tackles and eventually that cost us the game,” Siale Piutau said.

Where to from here?

A third straight defeat ends Tonga’s faint hopes of reaching the quarter finals.

It also means the ‘Ikale Tahi miss out on automatic qualification for the next Rugby World Cup, with only the top three teams in each group guaranteed a place at France 2023.

Toutai Kefu said despite all the adversity the team and players have gone through they have continued to work hard and improve on and off the field.

“The sacrifices they make just to turn up and to endure what we endure while we’re on tour and during our campaign I’m really really proud of them. Definitely proud of what happened on the field – the way where they just stuck in there in the second and be able to fight back to put us in a position to nearly win the game,” Kefu said.

First five James Faiva said sacrifice is just part and parcel of representing Tonga, whether players are at the World Cup or not.

“I think there’s a lot of players out there too that want to be here but they have to sacrifice for more money for family first but us boys that turn up we just put the jersey (on). We let the boards do their work and we just do ours,” James Faiva said.

Faiva said playing consecutive tests against New Zealand, England, Argentina and France has been a steep but valuable learning curve.

“When we first played the All Blacks that was a big step for us and we slowly came into England we started believing (in ourselves) every single game playing a tier one game. If we get more tier one teams during and after the World Cup I think it will help us tier two nations compete,” Faiva said.

Toutai Kefu said more top level matches is just one way World Rugby can help close the gap for countries like Tonga over the next four years.

“That brings more quality time together. We also have a list of players that, through some reason or another, are not here…Definitely everyone can see the improvement over the last three weeks – last four weeks if you include that All Blacks game. We’ve improved out of sight, I think, and still the last couple of games we probably lost it due to our own fault,” said Toutai Kefu.

The ‘Ikale Tahi will round out their Rugby World Cup campaign on Sunday against the United States in Osaka as they look to finish on a winning note and avoid finishing last in Pool C.

Supreme Court turns down application to have repayment order for unpaid loan set aside

By
Philip Cass
-

The Supreme Court has dismissed an application by a couple to have an order against them by the ANZ bank set aside.

 In May 2009 the court ordered that Talifolau and Jacinta Koto pay $70,702.80 plus interest at 12.25% per annum and $19,893.78 plus interest at 17.75% per annum.

The judgements were made with regard to an unpaid housing loan.

The couple claimed that in 2005 they borrowed $45,000 from the ANZ to pay off a housing loan with the Reserve Bank of Tonga and a personal loan from Westpac.

They claimed the ANZ had charged an extra $20,000 to their housing loan which they say they never received.

They said they were unaware of the addition until they were served with a default judgement in 2009.

The ANZ denied the claim and said the Kotos had applied for the additional funds and used for kitchen renovations.

Judge Niu said he was satisfied the couple had received the money and were aware of the increase in their loan.

“I consider that they have no justifiable basis to make this application and I accept that they were and are aware that they do not,” the judge aid.

“Accordingly I order that the application to set aside the default is dismissed.”

Tatakamotonga death driver given suspended sentence

By
Kaniva Staff
-

A man has been given a suspended prison sentence for causing the death of a five-year-old boy while trying to cross from the other side of a road in Tatakamotonga.

Simi Moala, 28, was driving a light open van at speed of between 50 and 60 mph before he overtook two motor vehicles in front of him before fatally hitting the boy last year.

Moala admitted causing death by careless driving at earlier hearing.

Supreme Court Judge Laki Niu heard that the van experienced mechanical failure and Moala was speeding.

“You caused the death of the child. You caused it by driving a motor vehicle which you knew had faulty brakes. You were overtaking and you were travelling at a speed which was excessive for the brakes of the vehicle. You knew you were in a village where people, and children, sometimes run across the road.”

Mr Niu said Moala should have anticipated that kids may run across the road without warning.

“If both front wheels of your vehicle had stopped at the same time and if your rear wheels also both stopped at the same instant as the front wheels, as they ought to have done, there might not have been this death of the child.”

Moala was sentenced to two years six months imprisonment for reckless driving but that sentence is fully suspended for two years upon the following conditions:

He was ordered to carry out 45 hours of unpaid community work.

He was ordered not to commit any offence punishable with imprisonment during the period of his suspension.

Mr Niu said Moala cooperated with police and he was remorseful and felt sorry that he had killed the child.

“You even asked that the child’s family forgive you for what you had done.”

“Mother nature delays return son,” says grieving sailor in a heartfelt message after learning of his only son’s death

By
Kalino Latu
-

The father of the 20-year-old man who died after preparing kava during a kava session at Popua last month is still trying to come to terms with his loss.

Ngalo’afē ‘Ulupano was scheduled to sail back from Hawai’i to Tonga when he received the devastating message his only son Makameone ‘Ulupano was dead.

Today Ngalo’afē shared photos of him with his family to Facebook with a caption saying this was the first Sunday they had meal without his son.

He previously wrote and lamented his son’s death saying while he was in Hawai’i it was unusual for him to hear his son repeatedly asking over the phone to let him know when he was going to arrive back in Tonga.

Ngalo’afē wrote and told his dead son their return had been delayed due to bad weather – (“natula” or mother nature)

He said this was why he could not make it to see him before he died.

He believed God has taken his son because he idolized him and even at home he did not want him to be given any chores or household responsibility.  

Ngalo’afē said he spent most of his time sailing since his son was born.

Ngalo’afē said he had purchased gifts for his son while he was in Hawai’i.

Makameone’s cause of death has yet to be officially released, but the family suspected he died of pneumonia after a fall at the kava session.

Makameone is survived by his parents and two sisters.

PM-elect claims Edwards’ attack against proposed gov’t is retaliation after rejecting proposal to elect Dr Viliami Lātū as Cabinet minister

By
Kalino Latu
-

Prime Minister-elect Pōhiva Tu’i’onetoa believes allegations that his proposed cabinet was in disarray and had collapsed were an attempt at revenge by lawyer William Clive Edwards after he declined a request to make his business partner a Cabinet minister.  

Hon. Tu’i’onetoa denied the allegations and said he was repeatedly told  Edwards wanted Dr Viliami Lātū, also a former Cabinet minister and MP to be made a Cabinet minister from outside parliament.

Hon. Tu’i’onetoa said he did not accept the request because his Party was looking for someone with expertise in Health, so he elected the Nursing and Midwifery head,  Dr ‘Amelia Tu’ipulotu.

Hon. Tu’i’onetoa said he felt Edwards was holding a grudge against him.

In Tongan he said: “Pea oku iai eku tui, oku ngali ita a Clive ai he ikai ke hu mai a hono friend ki loto.”

He said he had seen his lawyers to sue Edwards over the allegations.

As Kaniva news reported last night, Edwards and another political partner, Sione Teisina Fuko, made the allegations during their Fakafepaki’i E Faihala (Anti-Corruption movement) video programme which was posted to Facebook last week.

Edwards claimed the nobility members of the Party were disappointed after Hon. Tu’i’onetoa allegedly changed an alleged agreement without the nobles knowing about it.  Hon Tu’i’onetoa denied this.  

Edwards also said he believed the king would not approve the proposed cabinet. Tu’i’onetoa said the Clause 51 of the Constitution stipulated that the king appoints the Cabinet ministers at the recommendation of the Prime Minister.   

Edwards and Fuko also attacked ousted MP ‘Etuate Lavulavu with Fuko alleging Lavulavu was unpopular (“sino kona ki he kakai”) with the public.

They also alleged Hon. Tu’i’onetoa proposed appointing Lavulavu as governor of Vava’u, something Tu’i’onetoa has also denied.

Hon. Tu’i’onetoa said Edwards and Fuko’s video panel was an attempt to get to the public first (“ha’oha’omu’a”) with the allegations to discredit Lavulavu.

He described the accusations against him as blatant lies.  Hon. Tu’i’onetoa said he believed Edwards was beginning a campaign for Dr Lātū before the 2021 general elections.

Dr Lātū versus Lavulavu

Dr Lātū and Lavulavu both came from Leimātu’a, Vava’u, a town in Tongatapu 16 constituency. Lavulavu defeated Dr Latu in the 2014 general election. Dr Lātū sued Lavulavu for election fraud and bribery. Lavulavu was convicted and eventually lost his seats as MP and Cabinet minister in 2016.

The by-election to elect an MP to replace ‘Etuate was won by his wife ‘Akosita Lavulavu. Again Dr Lātū was defeated.  

The main points

  • Prime Minister-elect Pōhiva Tu’i’onetoa believes allegations that his proposed cabinet was in disarray and had collapsed were an attempt at revenge by lawyer Williams Clive Edwards after he declined a request to make his business partner a Cabinet minister. 
  • Hon. Tu’i’onetoa denied the allegations and said he was repeatedly told  Edwards wanted Dr Viliami Lātū, also a former Cabinet minister and MP to be made a Cabinet minister from  parliament.

For more information

Tu‘i‘onetoa denies Edwards’ allegations he breached agreements and People’s Party collapsed; legal action imminent

Tu‘i‘onetoa denies Edwards’ allegations he breached agreements and People’s Party collapsed; legal action imminent

Tu‘i‘onetoa denies Edwards’ allegations he breached agreements and People’s Party collapsed; legal action imminent

By
Kalino Latu
-

Elected Prime Minister Pōhiva Tu’i’onetoa has vehemently denied allegations that he breached his alleged agreement with the nobility before he won the premiership.

He also denied claims his new People’s Party was in disarray.

Hon. Tu’i’onetoa described the claims as blatant lies and said they were made to discredit the proposed cabinet.

The allegations were made by lawyer and former cabinet minister and MP William Clive Edwards Snr in a video panel he co-hosted with his political colleague, former MP and Cabinet Minister Sione Teisina Fuko. The 27-minute video was recorded in Tongan and posted to Facebook on Tuesday.

The allegations

Edwards alleged Tu’i’onetoa had caused problems by changing the agreement with the nobles.

He also accused Tu’i’onetoa of saying he did things as he please (“fa’iteliha pe ia”).

Edwards also alleged the Prime Minister-elect involved current Minister of Trade and Economic Developments Dr Tu’i Uata in the Party and the proposed government, even though the nobles did not want Dr Uata.

Edwards claimed this was a condition of the nobles’ support for Tu’i’onetoa.

Fuko alleged that Tu’i’onetoa proposed to appoint ‘Etuate Lavulavu as Vava’u governor.

He questioned the grounds of the proposal when Lavulavu had been disqualified from parliament since 2016.

Fuko accused Dr Uata and Lavulavu of not having the trust of the public.

Edwards claimed the nobles complained to him after Tu’i’onetoa complimented Lavulavu in a dinner at Kahana after the premiership election without giving credit to the nobility and the independents for their support.

Edwards said in Tongan that the proposed cabinet collapsed before its official appointment.

Fuko was also concerned at the appointment of ‘Akosta Lavulavu as Minister of Infrastructure in the proposed cabinet because she had a fraud case pending.

Tu’i’onetoa’s response

The Prime Minister-elect told Kaniva news the allegations were all untrue and there had  been  no such agreement with the nobles and the independent MPs.

He said his lawyers had analysed the video before beginning legal action against Fuko and Edwards.

Tu’i’onetoa said the People’s Party was still operating and supported the proposed government.

He claimed Edwards and Fuko wanted the party to be in disarray and collapse because of a personal agenda.

He said there was too much hatred in politics and attempts to put personal agendas first, but the constitution laid out what should be done.

Tu’i’onetoa described Edwards’ claim that he complimented ‘Etuate without thanking the nobility members as blatant lie.

In Tongan he said: “ Ko e [toe] tukuaki’i ko ia ‘oku loi mo ia, ko e fo’i loi ‘aupito ia.”

Tu’i’onetoa said he did not have dinner with the Party at Kahana after he won the premiership election. The dinner at Kahana was held before the premiership election.

He said the Party held a dinner after the premiership election at the Black Pearl and that was when he thanked the nobility party members by names for their support. He said he did not thank ‘Etuate personally on that occasion.

Tu’i’onetoa said Edwards should know the law better and understood that ‘Akosita was considered innocent unless proven guilty.

Governor appointment allegations

Tu’i’onetoa said he did not have any plan to appoint ‘Etuate Lavulavu as Vava’u governor.

He described  Edwards and Fuko’s allegations with the Tongan word “fakanāfala” – a slang coined for a hit by a batsman in cricket where he did not figure out a certain target for the ball. 

Tu’i’onetoa said he was currently working on the proposed cabinet’s election due process.

He would work on the appointment of governorships later.

The People’s Party

Tu’i’onetoa said two nobles were nominated by the nobility to represent them in the setting up of the People’s Party. They were Lord Nuku and Lord  Tu’ilakepa.

From the people’s MPs they were himself, Hon. Vuna Fā’otusia, Hon. ‘Akosita Lavulavu and MP Vātau Hui. The Independent MP was Tēvita Lavemaau.

He said the agreement with the nobles was that they were given three cabinet ministerial posts while seven ministerial posts were given to the people’s MPs. He said two ministerial seats were set aside to be elected from outside parliament.

But Minister of MEIDECC Poasi Tei later joined the Party, so he was given one of the two seats assigned for the two ministers outside parliament.

Hon. Tu’i’onetoa said the responsibility for electing and appointing of the cabinet minister was given by the constitution to the Prime Minister and king and no one else.

He said members of the People’s Party including constituents, town and district officers and church members helped the proposed cabinet’s public project priorities.

The main points

  • Elected Prime Minister Pōhiva Tu’i’onetoa has vehemently denied allegations that he breached his alleged agreement with the nobility before he won the premiership.
  • He also denied claims his new People’s Party was in disarray.
  • Hon. Tu’i’onetoa described the claims as blatant lies and said they were made to discredit the proposed cabinet.

For more information

‘Counting two as one’ – PM Tu‘i‘onetoa promises equal treatment for different views; reveals road sealings, e-government will be priority areas

Supreme Court backs TNRL over control of rugby league in wake of RLIF suspension

By
Philip Cass
-

The Tongan Supreme Court has issued an order prohibiting Tonga Ma’a Tonga Rugby League and the Tongan government from governing rugby league in the kingdom.

The government backed the Tonga Sports Council to run rugby league in Tonga.

The ruling from Judge Niu comes after the Rugby League International Federation suspended the Tongan National Rugby League.

The RLIF suspended the membership of the TNRL on Thursday.

The TNRL board has lost the support of key players including Jason Taumalolo and Andrew Fifita after it sacked national coach Kristian Woolf.

Players threatened to boycott upcoming tests against Australia and Great Britain unless the Tongan league’s chairman George Koloamatangi and secretary William Edwards were removed.

The world league body is expected to endorse the Tonga Ma’a Tonga Rugby League, which is backed by the Tongan Sports Council, and supported by players and Tongan Government.

Australian rugby league boss Peter Beattie wanted the TNRL to appoint a new board.

“It is untenable for a national administration that doesn’t have the support of its government or players to continue,” he said.

Beattie has also opposed plans to offer a place on the Tongan team to  Israel Folau.

However, Judge’s Niu’s ruling has changed the situation.

According to a copy of a court report seen by Kaniva news, Judge Niu ruled that  Tonga Ma’a Tonga Rugby League and the Tongan government could not select coaches, managers or staff of the TNRL team.

They were prohibited from doing anything that might stop the plaintiffs – George Koloamatangi, Petuliki Mafile’o and the TNRL – from governing rugby league in Tonga.

In his summing up of the case, Judge Niu said his decision could be appealed.

The main points

  • The Tongan supreme Court has issued an order prohibiting Tonga Ma’a Tonga Rugby League and the Tongan government from governing rugby league in the kingdom.
  • The ruling from Judge Niu comes after the Rugby League International Federation suspended the Tongan National Rugby League.

Son vows to fulfill late ‘Akilisi’s vision “rule of the people by the people” as by-election campaign loom large

By
Kalino Latu
-

The late ‘Akilisi  Pōhiva’s son Siaosi Pōhiva has vowed to fulfill his father’s political reform priorities to change Tonga’s executive government system into a full democracy.

Siaosi expected the majority of voters who supported his father during his more than three decades-long political career to vote for him.

Various unofficial reports said the by-election will be held next month on November 28. Meanwhile online political activists and their supporters have posted photos and statements about the candidates they are supporting for the election.

Kaniva news has been unable to confirm whether Netatua Prescott and Dr Ofo Niumeitolu were running for the election or not.

Siaosi said ‘Akilisi had a dream that  the people would have the power to rule the country by changing the country’s political system.

He said his father wanted the change so that those at grassroots level could make decisions about how their taxes were spent.

READ MORE:

Siaosi said behind the principle of democracy was the rule of the people by the people for the people and that the poor would be uplifted and looked after. This was what his father has envisaged.    

Siaosi said his father once described himself to his followers as a shadow of his own political vision.

He said Akilisi advised his followers to stick with the vision, not him. When he died his shadow disappeared with him, but his  vision lived on.

He said his father established the PTOA party as a political device to unite his political supporters and those who followed his vision. 

He said most people who voted for ‘Akilisi were members of the PTOA party and that was how the party existed. There was no constitution for the party as Tonga had not legalised the political party system.

Wasn’t the 2010 political change what ‘Akilisi wanted?

Tonga had been ruled by the monarchy since 950 until 2007 when the late King George V announced he would relinquish his executive power to the people.

The royal proclamation came 20 years after ‘Akilisi and the democrats campaigned and called on George V’s father, King Tupou IV, to change the political system into a democracy.

The campaign met with fury, repeated threats and hostility from the royals and their supporters.

Siaosi said his father was assaulted and hospitalised, sent to prison a number of times and their family were ridiculed and sworn at. 

The political reform took place peacefully in 2010, but the democrats were quick to realise that it was not the political change they had expected after Parliament elected a noble to become the Prime Minister instead of ‘Akilisi. Lord Tu’ivakanō was elected as the first prime minister of the partly democratically elected government

More criticisms later emerged at the time about the reforms,  but ‘Akilisi said the people were misled.

Positive response

‘Akilisi told Kaniva news in an interview that he was happy the king had responded positively to the call to change the country’s political system.

However, he said the change still saw the nobility having greater power in the political decision making body because the presence of their nine MPs in parliament meant they could strongly influence the election of the Prime Minister if the people’s 17 elected MPs were not all Democrats or united.

He accused his fierce political rival, former Prime Minister Lord Feleti Sevele, who King George relied on for the processing of the change, of deliberately designing the 2010 political reform process so the new system would still limit the power of the people to rule.

The constitution for the 2010 reform written by the Electoral Commission chaired by former Judge Nigel Hampton was wholly or partly disregarded by the Sevele government.

Constitutional issues

‘Akilisi said when his government took power in 2014 some key positions and powers that required to be with the executive government so it could function smoothly had been given by the constitution to the Privy Council.

The Lord Tu’ivakanoo’s government appeared to have met with serious legal and constitutional issues caused by the Sevele revised constitution when it came to power in 2010.

The noble-led government then invited a constitutional law expert from the Commonwealth to revise the constitution.

As Kaniva news previously reported, the expert, Peter Pursglove found that the 2010 revised constitution was the worst in the Commonwealth country.

It is believed the constitution was partly or completely written by Lord Dalgety, a former Supreme Court judge who is now a member of King Tupou VI’s Privy Council.

Pursglove report and recommendations on the constitution were endorsed by the Tu’ivakano’s government and six new bills based on his report were processed through legislature to be submitted to the king for approval.

The new bills were slightly revised by the ‘Akilisi government and were pending in parliament before the democracy campaigner died last month.

The bills proposed some important changes to the constitution, including removing the power of the Privy Council’s panel to appoint judges and give it to the Law Commission.

It also recommended the Attorney General and Police Commissioner be chosen by Cabinet before the appointments were recommended to the king.

Newly elected Prime Minister Pōhiva Tu’i’onetoa told Kaniva news this week he believed ‘Akilisi’s vision was fulfilled in 2010 after the king approved the democratic changes.

He said his government would not push for the six new bills the ‘Akilisi government pushed through parliament because there was not enough time for his government to do so.

The main points

  • The late ‘Akilisi  Pohiva’s son Siaosi Pohiva has vowed to fulfill his father’s political reform priorities to change Tonga’s executive government system into a full democracy.
  • Siaosi said he expected the majority of voters who supported his father during his more than three decades-long political career to vote for him.

For more information

’Akilisi is dead, but his vision lives on, Dr Uata tells party members in wake of PM election loss

‘Akilisi is dead, but his vision lives on, Dr Uata tells party members in wake of PM election loss
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