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Minister says his appointment of his niece not illegal; Fonua’s contract with EC legal

By
Kalino Latu
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The Minister of Finance said his appointment of his niece, lawyer Seimimili Tu’i’onetoa Fonua, as a Commissioner of the Electricity Commission (EC) did not breach the government’s employment regulations.

Hon Pōhiva Tu’i’onetoa said accusations that he had practised nepotism after he appointed his niece as EC Commissioner was “misinformation.”

According to the Minister, the law only required him to make sure he was confident the appointee could do the job well according to their qualifications and experiences, no matter whether they were his cousins or relatives.

He claimed it was only when it came to Inland Revenue laws that it was necessary to define  who were the immediate family and dependant relatives.

The Minister said the Tongan context of extended family, in which the first and second cousins were called brothers and sisters or daughters and sons, had no place in the employment laws.

Hon Tu’i’onetoa claimed the appointment of Fonua by the EC while she was an employee of the Ministry of Public Enterprises was legal and did not breach any laws.

The Minister claimed the government commissioners’ appointments were political and they were made under the direction of the Cabinet.

In his letters appointing two new commissioners to the EC on Monday, Hon. Tu’i’onetoa told Commissioner Sitiveni Fe’ao and Commissioner Sione Manumanu that he had the freedom to revoke their appointments as he pleased.

The Minister said the Commissioners were not appointed by the Public Service Commission (PSC) like other CEOs and civil servants so the PSC had no legal right to challenge him when appointing or dismissing a Commissioner.

He said the Cabinet’s rules on the appointment of government commissioners overrode PSC rules and Acts.

Hon Tu’i’onetoa said some medical doctors and many other civil servants held two jobs and became members of government Boards and Commissions under the direction of the Cabinet.

“That is not illegal, as long as they get the authorisation from Cabinet,” the Minister said.

As Kaniva reported earlier this week, former EC Interim Commissioner Paula Tupou accused his co-outgoing Commissioner lawyer Fonua of illegally holding the post of Commissioner while employed by the Ministry of Public Enterprises as Deputy CEO.

Fonua denied this and said Tupou’s argument did not apply under the Commission’s laws.

Fonua resigned on Thursday, August 2 while Cabinet terminated Tupou’s contract on Friday, August 3 citing “inability to perform” their functions.

For more information

Lawyer Fonua resigns amid PSC probe; EC complains to Tonga Law Society

Govt official who successfully sued PSC returns to Infrastructure’s CEO role

By
Kalino Latu
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The government official who successfully sought a judicial declaration that the Public Service Commission’s (PSC) decision not to re-appoint him as CEO of Infrastructure in 2015 was unlawful, has returned to the Ministry’s role.

The PSC said yesterday it is pleased to announce that Ringo Kalahuni Fa’oliu has been appointed as the Ministry of Infrastructure’s new CEO.

He will lead the Ministry for four years with effect from 6 August 2018.

Fa’oliu previously served as CEO of the Ministry from 2012 to 2015.

He was interviewed for the position in 2015 and was given indication to understand that his reappointment was imminent.

However, the then Commission chairman wrote to the Minister of the Ministry, saying that a series of reports indicated that during Mr. Fa’oliu’s previous term as CEO, there had been failures to comply with procurement procedures, significant overpayments to contractors and the inappropriate use of daily paid workers without regard for public service policy or budget allocations.

A lengthy and complicated legal battle ensued, with, among other matters, the Commission offering to reconvene the recruitment process.

The judge said the PSC decision to cancel the reappointment of Fa’oliu was biased and partial.

Mr Fa’oliu was first recruited to the public service in 1987 and has since been serving in various senior management and technical positions in the government mainly the Ministry of Works which is now known as the Ministry of Infrastructure.

Mr Fa’oliu holds a Bachelor of Engineering (Civil) from Queensland University of Technology, Australia. He is also a Professional Member of the Institute of Engineers Australia.

He also holds a New Zealand Certificate of Engineering (Civil), New Zealand Qualifications Authority and an Advanced Certificate in Construction Studies from Otago Polytechnic, New Zealand.

For further information:

Supreme Court declares Public Service Commission’s decision on CEO was unlawful

New EC commissioners appointed; govt terminates Interim CEO Paula Tupou’s contract

By
Kalino Latu
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The government has terminated the Electricity Commission (EC) Interim CEO’s contract and appointed two new Commissioners.

The Cabinet has appointed Sione Manumanu of ‘Āhau and Sitīveni Fe’ao of Nukuleka as new Commissioners for the EC to replace outgoing Lawyer Seinimili Tu’i’onetoa Fonua and Interim CEO Paula Tupou.

The Minister of Finance Hon Pōhiva Tu’i’onetoa claimed Fonua and Tupou have breached employment regulations by applying to the post of Chief Executive Officer (CEO) for the EC while at the same time they were Commissioners of the commission.

Hon Tu’i’onetoa said Manumanu and Fe’ao will serve as Commissioners for the next three years after their appointments took effect from Monday 6 August 2018 at 9am.

In their letters of appointment Fe’ao and Manumanu were informed of the Minister of Finance and Cabinet’s rights to terminate their appointments in any time at their pleasure.

“Since you were not applied for this post, your appointment and removal, is entirely in the pleasure of the Minister with the confirmation of Cabinet.

“Your role is to take part with the other Commissioners in the overview of the management of the Electricity Commission as prescribed by the Electricity Act Chapter 32.12 Revised Edition 2016.”

Termination

In his letters approving Fonua’s resignation on August 2 and terminating Tupou’s appointment on August 3 Hon Tu’i’onetoa told the former Commissioners that he had received information from the Chairman of the EC that Fonua and Tupou have applied in a bid to become CEO of the Commission.

Hon Tu’i’onetoa told Fonua and Tupou he had informed them previously about the fact that if any Commissioner had applied to the EC’s CEO their appointments have to be revoked as a result because their interest in the position could “conflict with natural justice.”

The Minister told them they cannot hold the posts of the Commissioner while at the same time they could use it as a chance in the Commission to get involve in any matters that might relate to a decision to appoint the CEO.

Hon Tu’i’onetoa said: “I now write to advise you that in accordance with the Electricity Act 2007, section 9 (1) your appointment as Electricity Commissioner has been terminated for inability to perform your functions of the office of the Commission.”

Tupou told Kaniva News he has sought legal advice after the revocation of his contract.

Lawyer Fonua resigns amid PSC probe; EC complains to Tonga Law Society

By
Kalino Latu
-

Electricity Commissioner (EC) Lawyer Seinimili Tu‘i‘onetoa Fonua who was at the centre of an inquiry by the Public Service Commission (PSC) and a complaint to Tonga Law Society has resigned.

In a resignation letter emailed on Thursday 2 August to the EC chairman and other Commissioners at EC Fonua wrote in Tongan: “Fakamalo & Tatau atu.”

This translates into English as: “Thanks & I resign.”

Fonua said she had been forced to quit so that the EC could independently perform its responsibilities.

She thanked Commissioner Sōane Vahe, Secretary Meleseini Folau and staff for the time they had in the Commission.

READ MORE: 

Clash in Electricity Commission over PSC probe into lawyer Fonua’s alleged breach of employment laws

Claims of money transfers, secret meetings and misuse of staff ‘degrading’ says Speaker

Two days after she resigned, the EC’s Interim CEO Paula Tupou lodged a complaint to the Tonga Law Society regarding the legality of Fonua’s employment contract with EC while at the same time she was being employed by the Ministry of Public Enterprises as Deputy CEO.

In his letter of complaint to the president of the Law Society, Tupou wrote: “I believe that Seinimili Tuionetoa Fonua has acted well below expected standard and break the law in at least one occasion as alleged.”

As we reported last night, Tupou said Fonua should have resigned from the Commission when she accepted employment with the Ministry of Public Enterprises on October 30 last year because she was allegedly in breach of the PSC Acts.

About two weeks before Fonua’s resignation, the PSC inquired about the times and dates Fonua has attended the Commission’s affairs in her capacity as a lawyer and a commissioner.

As Kaniva reported last week, Fonua has sued Tupou for unruly behaviour in a public place.

Six charges have been laid against Tupou.

Tupou said the hearing has been postponed for the second time at Fonua’s requests to September 3.

Fonua was appointed as an EC Commissioner by Cabinet in October 2017.

Magistrate wrongly frees former police officer charged with armed robbery

By
Kalino Latu
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A Supreme Court Justice has found a Lower Court judge erred in law by granting a discharge without conviction to a former Police officer who was charged with armed robbery.

Justice Cato has ordered a retrial for Sila Vai Talamai but this time it will be at the Supreme Court.

The court heard that two police officers saw Talamai inside what was later identified as a getaway car near the scene of the robbery shortly before it occurred.

The accused and a co-offender denied Talamai’s involvement.

Justice Cato said the Crown was correct in its submission that the Learned Principal Magistrate had wrongly discharged the accused.

“For the reasons I have given, I consider that the Magistrate erred in not committing the Respondent for trial and in my view; he ought to have done so following the approach in Galbraith.

“I do not propose to remit the matter back to the Magistrate but I exercise my power under section 80 of the Magistrates’ Court Act and commit the Respondent for trial in this Court, on an appropriate date to be fixed.”

The counsel for the accused Sifa Tū’utafaiva argued that the Magistrate had already struck out an earlier summon on the 28 January 2018, after the appellant had failed to provide documents by that date pursuant to an order of the Magistrate and after a delay of about seven months in providing the documentation.

Tū’utafaiva submitted that to recommence proceedings was a violation of clause 12 of the Constitution which said:

“No one shall be tried again for any offence for which he has already been tried whether he was acquitted or convicted.”

Justice Cato said: “All that happened here was that the information was dismissed because of the Prosecution’s failure to abide by the Magistrate’s order.

“Even if an accused was discharged for lack of sufficiency in the prosecution case and the accused discharged at the preliminary hearing that discharge is not an acquittal.”

Justice Cato ordered Talamai’s name to be put on the no flight list and follows his bail conditions which were originally set in the Magistrates Court.

Clash in Electricity Commission over PSC probe into lawyer Fonua’s alleged breach of employment laws

By
Kalino Latu
-

The Interim CEO of the Electricity Commission (EC), Paula Tupou, and Commissioner Seinimili Tu’i’onetoa Fonua have clashed over an inquiry by the Public Service Commission (PSC) into an alleged breach of  employment regulations.

Fonua has opposed a move by Tupou to call a meeting to deal wth a request by the PSC into the legal status of Fonua’s employment contract with the commission.

It is understood the CEO of the PSC, Dr Lia Maka, has asked Tupou to provide her with information regarding  the times and dates Fonua attended the Commission’s affairs in her capacity as a commissioner and lawyer.

Kaniva Tonga has seen an e-mail apparently sent from Maka to Tupou which reads: “With reference to the Ms Fonua, I kindly request information as to the times she attends and length of days etc as in her contract Electricity Commission Affairs please.”

But when Tupou circulated an e-mail telling the Commission’s secretary to put the PSC request in the EC’s agenda, Fonua turned against Tupou.

Fonua said the EC should not deal with the request from PSC.

She implied that there had previously been a move to sack Tupou.

In Tongan she wrote: “Kapau na’e tali pe hono fakahifo na’a tau nounou.”

This translates into English as: “If his dismissal was approved we would not go this far.”

Fonua claimed the request by the PSC fell outside the Commission’s laws and what Tupou had requested.

In her reponse to Tupou’s request for the meeting,  Fonua said if the EC discussed Dr Maka’s request she wanted the EC to discuss what she claimed was Tupou’s lack of effort in having the Commission’s pension fund audited.

Tupou told Kaniva it had been about two weeks since the request from PSC, but the chairman of the EC had not called a meeting to consider the request.

As Kaniva reported last week, Fonua has sued Tupou for unruly behaviour in a public place.

It is understood six charges have been laid against Tupou.

Tupou alleged that for more than nine months Fonua, who is a civil servant, has been in breach of the Public Service Act 2010 section 19 which says “employees shall not engage in any paid employment outside the Public Service without authorisation from Cabinet or the commission for short term consultancy.”

Fonua is serving a three year term as Commissioner in the Electricity Commission, receiving a salary and meeting fees while she is also Deputy CEO of the Ministry of Public Enterprises.

Tupou claimed that when Cabinet appointed Fonua as a Commissioner in the Electricity Commission in October last year, she was still employed in the Legislative Assembly, a non-civil service body. The appointment was legal and proper, he said.

He claimed that when Fonua accepted employment with the Ministry of Public Enterprises on October 30 last year she breached the PSC Act and should have resigned immediately from the Electricity Commission.

Tupou also claimed that Fonua failed to comply with the requirement to disclose any interests requirements under the Act.

He said she should have declared her employment with the Ministry as a conflict of interest while she was a Commissioner.

For more information

Two at centre of probe into electricity body to face each other in court

Pursuing Games dream would be “stupid indeed” for Tonga says Justice Minister

By
Philip Cass
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Justice Minister, Sione Vuna Fā’otusia said today the Pacific Games Council had lost nothing from Tonga’s decision not to host the 2019 Pacific Games.

Hon Fā’otusia told Kaniva Tonga it would be stupid to host the Games when it could damage the country economically.

The Pacific Games Council has taken the government to court and is claiming millions of pa’anga in damages.

Lawyers Dr Rodney Harrison and Dr Sela Moa are working on the case.

Dr Harrison informed Lawyer Clive Edwards, who was representing Pacific Games Council,  on June 8 that he was representing the Kingdom of Tonga.

“This has been an unavoidable delay since service of the proceedings, while my client and specifically Cabinet investigated possible conflict of interest in term of choice of lawyers to represent the kingdom and ultimately resolved to appoint me in that capacity,” Dr Harrison said in a letter seen by Kaniva News. 

“This case if funny indeed as the Pacific Games Council did not lose anything at all from Tonga’s cancellation,” the Hon Fā’otusia said.

He said the only people who lost from the Games were the chief executive of Tonga’s Pacific Games Organising Committee, Lord Fred Sevele and his team who would have benefitted from being involved.

“Tonga is not in a position to spend millions of dollars in doing something that it is obvious not going to benefit the country.

“In fact, sport is dead in the island. Why be stupid and be hard-headed in pursuing a course of action that will put the country in harm’s way?

“Stupid indeed!

“We have to start with cultivation of sport in the country then thinking about hosting the Pacific games.  Maybe in the next 20 years or so?”

In 2016 the government announced it had sacked Lord Sevele, a former Prime Minister, in an attempt to improve management and cut costs.

However, Lord Chief Justice Paulsen overturned the dismissal.

The Pacific Games Council had argued that the dismissal was an infringement of the hosting contract.

Last year Lord Sevele said he and Prime Minister ‘Akilisi Pōhiva should work together to ensure that the 2019 Games were a success.

Samoa will host the Games next year, with the opening ceremony scheduled for July 8 and the closing ceremony on July 20. The First south Pacific Games were held in Suva in 1963.

For more information

Tonga’s Chief Justice re-instates Sevele

Lord Sevele calls for political unity, to get the 2019 Pacific Games back on track

Taumoepeau’s death ruled a suicide: Police

By
Kalino Latu
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A Fijian medical examiner has ruled the death of a Tongan coach in Fiji was caused by suicide, after he was found dead at his boxing gym in Suva.

Tongan kāinga in Fiji posted photos and status on Facebook after they attended his funeral last week.

Sina ‘Aholelei Kami wrote: “Today we bid farewell to our Fiji boxing Champion and coach Tongan Napoleon Taumoepeau. Our condolences to the wife Angela and daughter Leila.”

Amatuer boxing coach Pauliasi Ratu had earlier said that Taumouepeau’s passing was a big loss for Fiji boxing, Fiji Times has reported.

Ratu and Taumoepeau had been part of the coaching panel for the national amateur boxing team.

Ratu had coached the boxers in the Pacific Mini Games in Vanautu last year while Taumoepeau coached Winston Hill and Jone Davule in the 2018 Commonwealth Games in Australia.

The death of the 41-year-old came after he had retired from boxing in November last year citing medical reasons.

Supreme Court convicts man with two names of falsely trying to obtain passport

By
Philip Cass
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The Supreme Court has convicted a man of trying to falsely obtain a passport.

Mr Justice Cato found Taufa Fevaleaki guilty of making a false statement when he applied for a passport in June 2014.

He applied for the passport under the name Sosaia Taufa  Finau and did not disclose, as was required, any other names  by which he was known.

In interview he said the  name he had most used and been known as was Taufa Fevaleaki.

He said he had always had two names.

Evidence was given by an officer from the Ministry of Justice that there were in existence two authentic birth records  for  Sosaia Taufa Finau and for Taufa Fevaleaki.

The accused obtained an earlier passport R01574 in the name of Taufa Fevaleaki in 2002 and  had travelled quite extensively  on this between  2005  and 2011.

On March  18, 2012, however,  a no fly  order had been placed against him because of a court hearing relating to maintenance  payments.    This  passport  was  not  been   cancelled and expired in February 2015.

However, the stop order meant that he could not use this to depart from Tonga. This led him to apply for a second passport in the name of Sosaia Taufa Finau which he made application for on June 12, 2014, signing it as S T Finau.

Although all the details were filled out as personal details in the first part of the form that related to  personal identity, a box that related “to other names you  are known  by” was not completed.

“He admitted to the police officer who interviewed him that he would not have obtained the  passport had he told Immigration Tonga that he had a passport  in  the name of Taufa Fevaleaki,” the judge said.

“I infer from this that he deliberately did not insert the name Taufa Fevaleaki in the passport application because he well knew the likelihood they  would search to  see whether  there  was  a  passport  issued  under  this  name.

“His motivation  was  plainly  to  obtain  a  passport  under   his   second name and it  is  also  plain  beyond  any  reasonable  doubt that he signed this application knowing full well that it was incomplete and accordingly false.

“I find all essential elements established on this charge beyond reasonable doubt and he  is convicted  to  await sentence.”

Tongatapu man arrested after drug bust, 10 grams of meth seized

By
Kalino Latu
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A 34-year-old man has been arrested after 10.34 grams of methamphetamine were seized from a Hōfoa property following a drug bust this morning Wednesday 1 August 2018, Police said

Police also seized cash, electronic devices and Tongan fine mats.

The methamphetamine seized has an estimated street value of about  TOP$10,000.

“As demonstrated by this arrest, we continue to focus on capturing and prosecuting those responsible for the harm these destructive drugs cause to youths, families and our community,” said Siosifa Lātū, Acting Police Commander at the Central Police Station.

“We encourage anyone who may have information about drug related offending to contact their nearest Police station or contact 23417 or 922.”

The suspect is in police custody while investigation continues.

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