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Attorney General warns after false reports that Minister of Police placed under house arrest

By
Kalino Latu
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Allegations being circulated on social media which claimed the Minister of Police Mateni Tapueluelu was put under house arrest were false and baseless, the Attorney General’s Office said this afternoon. 

The Attorney General has appealed to the public to be considerate when posting information on social media. 

Kaniva news understands the allegations were posted to anti-government Facebook pages and shared by their members and some concerned online users. 

A statement from the Attorney General Office read: “The Attorney General’s Office wishes to express its serious concerns regarding information that is currently circulating on Social Media since last weekend claiming that the Honourable Minister of Police, Fire & Emergency Services, Revenue & Customs, Mateni Tapueluelu is “under house arrest”. 

“The Attorney General’s Office wishes to advise the public that these information and stories circulating on Social Media are not factual and without foundation. Members of the public are requested to demonstrate restraint and responsibility while posting on Social Media.”

The warning from the Office came after the government set up a panel to investigate what had been described as “violent attacks” on the royal family that were carried on Facebook last month.

The Attorney General said last month police were considering laying treason charges against the people responsible.

“There’s a couple of accounts with Tongan names that have actually shown pictures and comments which may amount to defamation or sedition or treason,” she said, adding that the prime minister and government had also been targeted by some Facebook pages.

The government announced it was considering banning Facebook in the kingdom.


Parliamentary staffer and aunt appear in court after allegations of assault, attempted wounding

By
Kaniva Staff
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A parliamentary staffer and his maternal aunt have appeared in court following allegations of assault, beating, damaging and intent to commit grievous bodily harm. .

Mapa Hā’ano Taumālolo and his aunt Sēini ‘Unga have each lodged complaints against each other following an incident earlier this year, the Kakalu ‘O Tonga newspaper has reported.

The paper’s report did not say what charges police have laid against the accused.

It said Taumālolo accused ‘Unga of trying to allegedly run him over with her vehicle.

It also said ‘Unga accused Taumālolo of allegedly punching her in her eye and damaging her vehicle.

The trial has been postponed until November after prosecutor said some key witnesses were unavailable.

Election for new PM “a cart before the horse,” “undemocratic” and “unjust” says professor

By
Kalino Latu
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Scholars and legal experts have criticised the constitution and said the election of a Prime Minister without holding a by-election to elect a Tongatapu 1 constituency MP first was wrong.

They have described the incident as undemocratic, unjust, uneducational, illegal and immoral.

Parliament said in a statement on Friday that the decision by the Speaker of Parliament to hold the election of the new Prime Minister was made according to the constitution.

No official announcement has been released about a by-election.

The late Prime Minister and MP for Tongatapu 1 Hon.‘Akilisi Pōhiva died on September 12.

Professor Siosiua Pouvalu of the Lo’au University disagreed with Parliament’s statement and said the matter should be reviewed as the by-election and election of a new Prime Minister could be held at the same time within the timeline given by the constitution to process the election of a Prime Minister.

In Tongan he said: “In a clearer rewording, the horse should be put before the cart. The by-election should come before the election of the new Prime Minister so that the election would be considered clean after Tongatapu 1 join it. And then it would be considered democratic, legal, educational and moral.”

A post on a Facebook page under the name My Views and Opinions – A public law lens, has called on Tongatapu 1 constituents to ask for their rights and take legal action against the Parliament.

The post claimed the Speaker appeared to have wrongly applied the clauses for an election of a new Prime Minister.

“Apply the law correctly. Interpretation of the Constitution Requires the Speaker of the House to examine the Construction of it in its context,” the post said.

The press release from parliament on Friday also said: “The Constitution of Tonga requires the Speaker of the Legislative Assembly to invite nominations of candidates for the Prime Minister Designate and to conduct the meeting to elect the same, in accordance with procedures and timelines expressly provided in the Constitution.”

The statement also said: “Today, the Speaker of the Legislative Assembly of Tonga, Lord Fakafanua, issued invitations to all elected Representatives of the Legislative Assembly of Tonga, calling for submission of nominations of an elected Representative to the Legislative Assembly as a candidate for Prime Minister Designate.”

Constitution

What does the constitution say about the election of the Prime Minister and a by-election?

Clause 50A says: “The King shall appoint from amongst the elected representatives a Prime Minister who is recommended by the Legislative Assembly in accordance with the procedure set out in the Schedule to, or clause 50B of, this Constitution. (2) The Prime Minister shall hold office until – (a) another Prime Minister is appointed in accordance with this Constitution; Clause 50B (b) his appointment is revoked under clause 50B; (c) he dies, resigns, or his appointment is revoked after he ceases to be an elected representative for any reason other than the dissolution of the Legislative Assembly; or (d) he becomes ineligible to hold the office in accordance with this Constitution or any other law. (3) The Prime Minister shall regularly and as required report to the King upon matters that have arisen with the government and upon the state of the country.”

By-election

Clause 76 says: “Upon the death or resignation of any representative of the nobles or of the people and when a member is deprived of his seat after impeachment, the Speaker shall immediately command that the nobles or the electors of the district which he represented shall elect a representative in his place. But the Legislative Assembly shall have the power to sit and act although its number be not complete.”

According to the Legislative law section 6, the Commission in consultation with the Speaker of the House set the time and place for the election.

Tonga’s Nasi Manu to make comeback off bench in RWC opener

By
Kaniva Staff
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By Radio New Zealand Pacific

Inspirational number eight Nasi Manu is set to make his international comeback after being named on the Tongan bench for their opening Rugby World Cup match against England.

The Benetton Treviso player has been named on the bench for his long-awaited return to the test arena in Sapporo on Sunday.

The former Highlanders loose forward missed the entire 2018 season as he underwent treatment for testicular cancer.

Manu was named Tonga’s captain for the Pacific Nations Cup earlier this year but, after suffering a pectoral injury, he had to withdraw from the campaign.

“After the PNC, when I was so close to playing, the feeling of being here you have no idea how proud I am to be here,” he said.

“I was actually quite emotional sitting there in the chair when I received a [RWC 2019] cap – it really made it sink in that I’m actually at the World Cup.”

The 31 year old Manu said after a gym injury ruined his international return two months ago he was taking no chances to ensure he makes it onto the field.

“I just have to trust my process. I’ve done all the hard work, it’s just about maintaining to hope I’m at a low risk of not getting injured again.”

Manu will cover the loose forwards from the bench with coach Toutai Kefu preferring to selected the experienced and powerful Sione Kalamafoni and Maama Vaipulu at six and eight respectively. Rookie international Zane Kapeli completes the starting trio.

First choice hooker Paula Ngauamo is out injured, leaving Sosefo Sakalia to start and allowing Christchurch roofer Siua Malie to start.

The latter made his first class debut in the ‘Ikale Tahi’s 92-7 loss to the All Blacks two weeks ago.

The backline will be led by veteran first-five Kurt Morath and skipper Siale Piutau, who moves to outside centre to make way for Cooper Vuna.

England coach Eddie Jones has made two changes from the side that thrashed Ireland 57-15 last month.

Courtney Lawes replaces George Kruis at lock and Anthony Watson takes the place of Fiji-born wing Joe Cokanasiga.

TONGA:

David Halaifonua, Atieli Pakalani, Siale Piutau (capt), Cooper Vuna, Viliami Lolohea, Kurt Morath, Sonatane Takulua, Maama Vaipulu, Zane Kapeli, Sione Kalamafoni, Leva Fifita, Sam Lousi, Ben Tameifuna, Sosefo Sakalia, Siegfried Fisiihoi.

Reserves: Siua Maile, Latu Talakai, Ma’afu Fia, Dan Faleafa, Nasi Manu, Leon Fukofuka, James Faiva, Nafi Tu’itavake.

ENGLAND:

Elliot Daly, Anthony Watson, Manu Tuilagi, Owen Farrell (capt), Jonny May, George Ford, Ben Youngs, Billy Vunipola, Sam Underhill, Tom Curry, Maro Itoje, Courtney Lawes, Kyle Sinckler, Jamie George, Joe Marler.

Reserves: Luke Cowan-Dickie, Ellis Genge, Dan Cole, George Kruis, Lewis Ludlam, Willi Heinz, Henry Slade, Jonathan Joseph.


“I’m sticking with the red and white,” says Taumalolo; remains optimistic about bringing dismissed Woolf back to Tonga

By
Philip Cass
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Jason Taumalolo believes there is still hope that sacked coach Kristin Woolf will be reinstated and the Mate Ma’a playing again.

As Kaniva news reported at the time the Mate Ma’a complained to the late Prime Minister ‘Akilisi Pōhiva, saying they were dissatisfied with the interim National Rugby League Board.

They also complained to the Australia National Rugby League.

The team’s complaints triggered calls from the public to return Deputy Prime Minister Semisi Sika to the League’s management.

Tonga’s new Rugby League board dismissed Woolf by e-mail.

He has since become coach of UK Super League club St Helen.

The Tongan players are fiercely loyal to Woolf, who played an integral role in turning Tonga into a team that has made tier one teams sit up and take notice.

Taumalolo told AAP he was prepared to retire from international football if the dispute over Woolf’s sacking cannot be resolved.

“I’m sticking solid with the red and white and if that doesn’t work I guess I might have to retire [from] international football,” Taumalolo said.

“Hopefully it doesn’t come to that… I’d still love to play for Tonga and play alongside some of the great players that have represented in the last few years.

“But if that doesn’t work out and we can’t come to an agreement, I’ll eventually retire from international football.”

Cronulla’s Andrew Fifita and Taumalolo have spearheaded a revolt by the Mate Ma’a team, saying they will not take part in next month’s World Cup Nines and the end of year tests against Great Britain and Australia.

The former Kiwis star and Cronulla’s Andrew Fifita have led a Tongan player revolt, threatening to boycott next month’s World Cup Nines and the end of year tests against Great Britain and Australia after coach Kristian Woolf was sacked.

The team want Rugby League chairman George Koloamatangi and secretary William Edwards removed and Woolf brought back.

The NRL board appointed Frank Endacott to replace Woolf.

Endacott has not coached at the elite level in 15 years, but has previously been in charge of the Kiwis, Warriors and Wigan.

https://kanivatonga.co.nz/2019/09/andrew-fifita-lodges-complaints-against-interim-national-league-board-players-threatened-to-pull-out-of-mate-maa-tonga/

Supreme Court rejects security for costs application in Mataeles’ land dispute

By
Kalino Latu
-

The Supreme Court has rejected a request by the wife of late MP Joe Tu’ilatai Mataele for his sister, to pay security of $10,000 in their legal case over two leases of land.

‘Aiona Fa’asau Mataele and Joe’s sister Kalo Mataele Soukop have brought the case before Justice Laki Niu in Nuku’alofa.

Court statement said, ‘Aiona had applied for probate of the will of Joe and had included the two said jointly owned leases as properties left to her by her deceased husband.

The Supreme Court had granted that probate to her in 2010 but to date she has not had that probate registered under S.131 of the Land Act.

‘Aiona claimed Kalo had abandoned or surrendered her interests in the two said leases to her late husband and that the two leases were her sole property by virtue of her late husband’s will.

In her claim against the defendant Kalo said that the two said leases are her sole property because they are both in the joint names of Joe Mataele, and of herself, Kalolaine Soukop, and that upon the death of Joe, she became the sole owner as survivor of the two joint owners.

‘Aiona has applied for security for costs in the sum of $10,000 to be paid by the Kalo upon the ground that the plaintiff is ordinarily resident out of the jurisdiction, and she may be unable to pay the costs of the defendants if ordered to do so.

Kalo did not deny that she is ordinarily resident outside of the jurisdiction.

“In fact, she pleads that she resides in Hawaii, United States of America, in her statement of claim. But she denies that she may be unable to pay the costs of the defendant if ordered to do so because she is the lawful owner of two valuable leases of land situated in Tonga, with substantial buildings situated thereon, which may be ordered to be sold if she fails to pay the costs of the defendant, if so ordered by the Court,” Mr Niu said.

She argued that she has at least an arguable claim against the defendant and that she should not be required to pay security for costs up front no matter how poor she maybe.

In his conclusion Mr Niu said: “The burden of proving the grounds for the grant of an order for security for costs is upon the defendant. Not only does the defendant have to prove that the plaintiff ordinarily resides outside of the jurisdiction or that she may be unable to pay costs if ordered to do so, she must also prove that the plaintiff has no possibility of succeeding in her claim so that in all the circumstances of the case it is just that the order be made.”

Mr Niu said ‘Aiona has failed to prove that Kalo has no possibility of succeeding in her claim.

“I order that her application is dismissed with costs to the plaintiff, to be taxed if not agreed.”

Who will take democratic pioneer’s place as next PM? A handful of candidates stand out

By
Kalino Latu
-


Kaniva news comment

Who will take the place of ‘Akilisi Pohiva?

Stepping into the shoes of Tonga’s democratic pioneer will be a challenge.
Hon. Pohiva had political aptitude, charisma and there was a die-hard quality to the way he tackled political objectives.

He did the hard job of laying the foundations for Tonga’s shift from a country ruled by the royal family and dominated by the nobles to one where an ordinary citizen could become Prime Minister.

The next Prime Minister must be somebody who has the courage to continue Hon. Pohiva’s hard work.

The country must have somebody who will make sure the king does not reverse the process of democratisation.

The people showed their support for Hon. Pohiva until his death. These are the same people a new PM must cherish politically.

The submission of candidates for the position of Prime Minister has opened and will close on September 26.

The Speaker will then announce the day for the election of the new PM.

Likely candidates

A handful of likely candidates stands out.

Vuna Fa’otusia

Hon. Fa’otusia has displayed the political glamour and charisma ‘Akilisi Pohiva had, which appealed to the majority of Tongans who were democratic activists and supporters. He was outspoken in parliament about the absolute power of the nobility over the land. He was particularly concerned that even when people were given land to live and grow crops, ownership still rested with the nobles. He was also outspoken in criticising the Privy Council and Law Lords’ interference in reviewing the parliament’s laws and deciding whether they should be signed by the king or not. He said the bills passed by parliament should go straight to the king and not the law lords, as laid down in the constitution.

Mateni Tapueluelu

Hon. Pohiva’s son-in-law, Mateni Tapueluelu, was the former editor of the late Prime Minister’s‘ Kele’a newspaper and showed a political aptitude for the fight to have the executive government fully democratised. His debates in parliament showed he has great knowledge about democracy and the need for political changes. However some people think Mateni is still young and the fact his constituency was a PTOA stronghold means he has more opportunities to run for the premiership in the future.

Pohiva Tu’i’onetoa

Hon. Pohiva Tu’i’onetoa was a silent, hard-working minister. The former Auditor General was outspoken in assuring the public of the good reputation and profile of the PTOA party. He has corrected misreporting by news media who had been seen by democrats as anti-government. After the king announced early this year the government did not appear to have a clear economic vision, Hon. Pohiva denied it in parliament. He said the government’s economic vision was put under the second part of the Tonga Strategic Development Framework, which runs from 2015 – 2025. His speech to support ‘Akilisi Pohiva on the premiership election day was praised by many, especially when he highlighted Hon. Pohiva’s history of
political work from an Auditor General’s point of view. He said the late Prime Minister was genuine in his attempt to democratise the government system and there was no secret agenda.

Saia Piukala

Hon. Piukala was extremely supportive of Hon. Pohiva. His health expertise helped him to survive some of serious health conditions about a year before he died, the late Prime Minister told Kaniva news. Piukala’s speeches in parliament showed he understood the government system well and the importance of the democratic reform process . Hon. Piukala’s speech in Auckland at the Prime Minister’s memorial service was praised by many. He was instrumental in supporting the Prime Minister in his travel to Tuvalu and joining the recent Pacific Leaders’ meeting, amid concerns about his health conditions. Hon Piukala said he understood that was the last important meeting for the Prime Minister to attend and he did his best to make sure he could make it. Hon. Pohiva has been praised by Pacific leaders for the speeches he made about West Papua and climate change.

Semisi Sika

There is no doubt there was a good reason why the late Prime Minister ‘Akilisi Pohiva appointed Hon. Sika to become his deputy. He has been described as silent hardworking Minister who was very supportive of Hon. Pohiva. He grew up in religious and business family and was involved with the private sector, especially sports and tourism, for years. His father Viliami Sika, who has owned a finance company for many years, was a strong supporter of Hon. Pohiva from the beginning of his political career. Hon. Sika was the most senior elected MP in the PTOA party and as such he has the right to become Tonga’s next Prime Minister.

Kaniva Tonga believes that Hon. Sika is the best choice to be the next Prime Minister of Tonga.

Pōhiva’s death unites kingdom as thousands gather at centenary church for state funeral

By
Kalino Latu and Philip Cass
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The death of Prime Minister ‘Akilisi Pōhiva has, however briefly, united the kingdom as members of the royal family, nobles, government ministers, civil servants, and friends and family gathered today for his funeral.

The democratic pioneer was honoured with a state funeral this morning attended by Queen Nanasipau’u and Princess Angelika Lātūfuipeka Tuku’aho.

Princess Angelika was Hon. Pōhiva’s fahu.

Deputy Speaker Lord Tu’ilakepa led a “hala,” the arrival of kāinga or friends who present either pigs, food,  trays of bread, Tongan handicrafts like ngatu and fine mats or money to show their support to the family of the deceased and show sympathy.

Lord Tu’ilakepa arrived with Parliament staff at Hon. Pōhiva’s residence on Tuesday and made the presentation. 

Hon. Pōhiva became the first Prime Minister to lie in state, something normally reserved for royalty.

Onlookers described today’s weather as fit for the man who they said was hugely loved by the people who he cherished.

Children stood along the roads in Nuku’alofa as Pōhiva’s family and members of the royal family followed a hearse into the Centenary Church grounds.

About 3000 people attended this  morning’s funeral, with the crowd spilling over onto the grounds of the Free Wesleyan Church of Tonga Centenary Church (Saione).

The service was conducted by the President of the Free Wesleyan Church, the Reverend Dr Ahio. Clergy from other churches also attended.

Mr Pōhiva was buried at the Telekava Cemetery in Kolomotu’a.

Today was a public holiday and national day of mourning.

Otago

Meanwhile, staff at Otago University in Dunedin have expressed their “heart-felt condolences” on Hon. Pohiva’s death to Acting Prime Minister Semisi Sika.

“His leadership and passion for democracy have touched the lives of many in our community, both here at the university and in Tonga,” Professor Harlene Hayne said.

“Our thoughts are with the people of Tonga at this sad time.”

Princess Angelika is fahu for Prime Minister; a significant honour for PM who did not boast about his royal family connections

By
Kalino Latu and Philip Cass
-

Princess Angelika is the fahu for Prime Minister ‘Akilisi Pōhiva.

The fahu is the person who sits in front near the coffin and shows she or he is the highest in social status to the deceased.

The fahu to the deceased must come from the dead person’s paternal side and is usually a sister of their father and her children.

Traditionally it was the highest honour at a funeral when the fahu came from the eldest sister of their father.

It is a significant honour that Princess Angelika is performing this role because she is the only daughter of the king.

Hon. Pōhiva’s great grandfather Fīnau Filimoe’ulie was a half brother of King George Tupou I.

The king’s mother Taufa Hoamofaleono, became pregnant to another chief, Nuku Moimoiangaha, from whom the current Lord Nuku is descended.

Their child was Filimoe’ulie.

Filimoeʻulie grew up in Pōhiva’s village of Fakakakai, but later returned to Vainī in Tongatapu, his motherʻs village, to be appointed as Lord Maʻafu.

A Lord Ma’afu noble had a daughter Tuputupu Vaea, the mother of Queen Nanasipau’u.

This means Pōhiva, Queen Nanasipau’u, Lord Vaea, the current Lord Ma’afu of Vaini and Lord Nuku of Kolonga were cousins.

Humble

Many Tongans were unaware of Hon. Pōhiva’s royal connections until after he died. During his more than 30 years as a politician he did not boast about his connections.

This is something that Tongans who have any type of links to nobility and royal family often do to boost their social status.

People said that the late Prime Minister’s reticence about his royal connections showed how humble and meek he was.

Hon. Pōhiva maintained throughout his political life that all he did was to protect the royal family from opportunists.

Mourning

The State funeral service for the late Prime Minister will be held at the Free Wesleyan Church of Tonga Centenary Church (Saione).

Hon. Pōhiva will be buried at the Telekava Cemetery at Kolomotu’a.

Thursday has been declared a public holiday and a national day of mourning.

Hon. Pōhiva’s body was flown back to Tonga yesterday by the RNZAF and then lay in state in the St George building where a congregational prayer service and public viewing was held.

Some extremist factions among royalist supporters have complained about the late Prime Minister’s funeral arrangements.

Pohiva’s critics have complained and did not want to mention Hon. Pōhiva’s royal connections.

They also said that a state funeral should only be held if one of the royal family died.

For more information

Tonga treatment saved thousands; PM thanks Princess Mata’aho for visit

“Solemn and dignified” welcome for Pōhiva as Prime Minister comes home for last time

Outrage after King did not invite PM Pōhiva and cabinet to His New Year reception party

“I did everything possible” says Pōhiva in farewell to people of the kingdom he served

By
Kaniva Staff
-

With preparations quietly under way to find a replacement Prime Minister, a poem written by the late ‘Akilisi Pōhiva has emerged.

Parliament is expected to begin electing a new Prime Minister by calling for nominations from among MPs once Thursday’s state funeral for Hon. Pōhiva is over.

Veteran Pacific affairs reporter Michael Field posted the poem on Facebook.

Written in Tongan and English, it is dated September 11, the day before the democratic party leader died.

In the poem Hon. Pōhiva says he did everything he could to make his dream of a democratic Tonga come true.

He thanked the people of the kingdom for their support and love.

My final farewell to the people of Tonga

To the people of Tonga…
It has been 32 years since you elected me as your representative
And that became a sacred covenant for my existence
We established a vision
And I did everything possible to turn that vision into reality
No energy was spared
Thank you for giving me your trust
Your support
Your love
I have fulfilled my obligations to you
This is my final farewell!
With all my love!
Samuela ‘Akilisi Pohiva

Ko e tatau ‘a Samuela ‘Akilisi Pōhiva’ ‘i he lea faka-Tonga’

Ko ‘eku tatau faka’osi ki he kakai ‘o e fonua
Ko e ta’u ‘eni ‘e 32 ‘eku hoko ko homou fakafofonga
Pea na’e hoko ia ko e kovinānite toputapu ki he’eku mo’ui
Na’a tau fokotu’u e vīsone
Pea na’e fai hoku lelei taha ke ngāue’i ‘a e vīsone ko ia’
Na’e ‘ikai tuku ha ivi
Mālō e tuku mai ho’omou falala
Ho’omou poupou
Ho’omou ‘ofa
Kuo lava hoku fatongia
Ko ‘eku tatau faka’osi ‘eni
Tu’a ‘Ofa Atu!

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