Analysis – The new King’s Diplomatic Services Act, recently approved by the government, is a dangerous step backward for Tonga’s fragile democracy.

Despite the bill’s high risks, the government’s defence of the legislated King’s board has revealed two startling possibilities.
Was it an attempt to mislead the public about the dangers, or was it merely ignorant of them?
Let’s set the record straight.
The approved bill, under Part II, Clause 5(1), states: His Majesty The King is authorised to establish and maintain the diplomatic and consular services of the Kingdom. Crucially, Clause 5(2)(a) stipulates that this Diplomatic Services must be funded by the government.
This is where the danger arises: the board will be government-funded, yet there is no guarantee that the King and his board of directors will be held accountable for any issues arising from the use of those funds. Previously, funding for foreign affairs and diplomatic services was under the purview of the Minister and Chief Executive Officer of Foreign Affairs, ensuring its processing was transparent and accountable. This significant change to the legal framework directly contradicts claims by Prime Minister Eke and Deputy Prime Minister Fusimalohi that the controversial bill made no major alterations.
Absorbing Ministry Into King’s Board
The members of the royal board are handpicked by the King and are responsible for making decisions regarding diplomatic services, controlling and implementing these services, and monitoring their processes, as stipulated in Clause 7 of the bill. This distinguishes it from all other government boards governed by the Public Enterprise Act 2016, which mandates accountability to the Minister and the government. This reflects another inconsistency in the government’s insistence that the new bill makes no major changes.
While Section 9 of the controversial bill designates the Minister for Foreign Affairs as responsible for administering and managing His Majesty’s Diplomatic Services, clause 17 mandates that the Ministry of Foreign Affairs be dismantled and absorbed into the King’s new board. Clause 16 stipulates that any decision made by the Minister must be approved by the King and his board. This provision illustrates the extent of the power vested in the board, effectively making it the controlling authority. This highlights yet another contradiction in the government’s claim that the bill introduces no substantial reforms.
These developments are dangerous to the country’s economic and political stability and represent a regression to the pre-2010 era. The king’s inherent social and traditional authority renders him unchallengeable, irrespective of any errors in judgment. This effectively eliminates any mechanism within the board’s structure to guarantee the proper management of public funds, a further inconsistency in the government’s position that the legislation entails no significant alterations.
The Government’s Misguided Argument
The Eke government asserted that it was merely updating Clauses 39, 40 and 41 to reflect the King’s entitlements.
The clauses are as follows:
39. Treaties
It shall be lawful for the King to make treaties with Foreign States provided that such treaties shall be in accordance with the laws of the Kingdom. The King may appoint his representatives to other nations according to the custom of nations.
40. Foreign ministers
The King shall receive Foreign Ministers and may address the Legislative Assembly in writing regarding the affairs of the Kingdom and matters which he may wish to bring before the Assembly for deliberation.
41. King’s powers – Signature to Acts
The King is the Sovereign of all the Chiefs and all the people. The person of the King is sacred. He reigns the country but ministers are responsible. All Acts that have passed the Legislative Assembly must bear the King’s signature before they become law
These clauses did not authorise the King to make decisions and finance them from the public purse. Instead, if any of his constitutional duties required funding, the law mandated that approval was a matter for the Minister of Foreign Affairs and the Chief Executive Officer. This approval process was a critical safeguard, ensuring the King’s decisions were legally scrutinised. The new law enacted by the Eke government fundamentally violates these constitutional safeguards.
Misleading on Major Changes
Deputy Prime Minister Taniela Fusimalohi downplayed the high risks posed by this bill to public funds by telling the press last Friday that there were “no big changes” to the current law, and it was only name changes, removing the Ministry for Foreign Affairs and replacing it with His Majesty’s Diplomatic Services. He also stated that the Minister for Foreign Affairs would still manage and operate the department as usual, according to the current Acts and constitution.
His explanation was deceptively appealing to a public that failed to read the controversial law between the lines. It demonstrates his failure to grasp the bill’s core principle: that the King’s board must be funded from public funds. This represents a significant departure from the accountability measures enshrined in the constitution, particularly Clause 50, which outlines the function, constitution, and powers of the Cabinet.
He also claimed the king’s board was analogous to other government boards, such as the Ministry of Education’s. This was misleading, as those boards are accountable to their Minister and the government, with appointments made transparently under the Public Enterprises Act. In contrast, the King’s new board operates without oversight, solely under the King’s control.
Codifying Unchecked Royal Power
The bill is profoundly dangerous as it codifies the King’s traditionally unchecked authority, permitting him to appoint individuals to a board that spends public funds without independent oversight from a body like the Public Service Commission (PSC). The risk, as evidenced by past instances, is that appointments will be based on personal loyalty rather than the skills and qualifications essential for handling the nation’s significant diplomatic interests. This power, exercised without transparency and enforced by silencing dissent, has been proven to be at the core of many failed royal projects in the past, prompting the urgency of the 2010 democratic reforms.
A puppet Minister of Foreign Affairs
Fusimalohi further claimed that the Minister of Foreign Affairs would retain full operational control of the department. However, he failed to state that, under the new bill, the Minister is compelled to manage diplomatic services in accordance with the directives of the King and his appointed board—a body that holds no accountability to Parliament.
A more critical flaw in this argument is the evident trend that future appointments to this ministerial office will require alignment with the King’s preferences.
The King’s son, Crown Prince Tupouto’a, is the current Minister for Foreign Affairs. It appears that any future government would continue to appoint him to the role to appease the King.
This was demonstrated during the former Huʻakavameiliku government when the King insisted on trying to control the ministry, even though the Attorney General advised that it was unconstitutional. The King’s insistence persisted until he forced his noble MPs in the Huʻakavameiliku Cabinet to resign ahead of a vote of no confidence, which led to Huʻakavameiliku’s ouster.
Given this trend, any future Minister of Foreign Affairs would effectively be a puppet of the King and would enact the wishes of the King and his board regarding the use of public money. Furthermore, because the King and his board are not accountable to the public, their budget would lack transparency and accountability.
The government has faced widespread criticism both for its failure to conduct public consultation on the bill and for submitting it to Parliament for urgent approval on the eve of the annual adjournment. This haste has prompted widespread concern over why such a significant change was rushed through.