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Decision to dissolve Parl’t can’t be challenged, but caretaker administration still  needed

By
Philip Cass
-

Acting Attorney General Hon. ‘Aminiasi Kefu said this afternoon the Pohiva government had  been given a caretaker role because the constitution did not clearly state that once Parliament was dissolved the Prime Minister and his cabinet were automatically dismissed.

Speaking to a press conference in Nuku’alofa, Hon. Kefu said there was still a need for a government to run the country even in times when the Legislative Assembly was dissolved.

He implied  this was why the King’s proclamation of the dissolution in the Government Gazette did not say the Prime Minister and his cabinet were also dismissed.

Hon. Pohiva’s government was given the word caretaker now because the Parliament was closed and there was no mechanism in place to hold them accountable.

Hon. Kefu said the king’s decision to dissolve Parliament was part of his royal  prerogative and could be not challenged in court.

The Attorney General said if Hon. Pohiva was re-elected in November and he was re-elected by Parliament to resume his office, his premiership could not be affected by this incident.

Tonga is due to go to the polls no later than November 16.

The Attorney General told Radio New Zealand the situation in the kingdom was “testing.”

“Oh it’s groundbreaking, definitely, quite profound for a sleepy small island country, but there’s never a dull moment in Tonga and I’m just glad that the machinery of government continues,” he said.

“This is obviously a testing of the constitutional provision. This is the first time that his majesty has used his personal prerogative power to dissolve parliament.”

In other developments, a small detachment of New Zealand SAS soldiers who were in Tonga on a training exercise.

New Zealand Foreign Minister Gerry Brownlee said Wellington was keeping a close eye on developments in Tonga.

Meanwhile, Tongan academic Dr Malakai Koloamatangi has told Radio Australia that while King Tupou VI had the right to dissolve Parliament, his action had undermined the P:rime Minister.

Dr Koloamatangi said the motives behind the Tongan King’s decision remain a mystery.

The main points

  • Acting Attorney General ‘Aminiasi Kefu said this afternoon the constitution did not clearly state that once Parliament was dissolved the Prime Minister and his cabinet were automatically dismissed.
  • Kefu said there was still a need for a government to run the country even in times when the Legislative Assembly was dissolved.
  • Pohiva’s government was given the word caretaker now because the Parliament was closed and there was no mechanism in place to hold them accountable.
  • Kefu said the king’s decision to dissolve Parliament was part of his royal prerogative and could be not challenged in court.

For more information 

Attorney General’s press conference

Tongan government in caretaker role after sudden dissolution

Parliament dissolution ‘undermined’ Tongan PM, says expert

AG advises caretaker gov’t to avoid any new deals at Pacific Forum meeting

By
Philip Cass
-

Prime Minister ‘Akilisi Pohiva’s caretaker government has been advised not to make any new commitments at the Pacific Leaders Forum in Samoa next week.

The Forum will be held in Apia from September 4-8.

The Attorney General, Hon. ‘Aminiasi Kefu, has advised the caretaker government that it should defer any new policy decisions on bi-lateral or international relations until the next cabinet.

He told Kaniva News this afternoon this applied to the Forum Leaders Meeting. However, he said Cabinet Ministers may attend and deal with existing political commitments.

Hon. Kefu said representation at Ministerial level may be re-considered to avoid a Cabinet Minister making political commitments that might be changed by a new Cabinet.

The caretaker government has also been warned to keep a lid on expenditure while it is in caretaker mode.

Cabinet Ministers should not incur any unusual or unnecessary expenditure outside the normal operations of Ministries and agencies.

This included incurring loans or spending large amounts of money without the written approval of the caretaker Minister for Finance.

Normal necessary expenditure of Government Ministries and Agencies would continue. This would include projects already underway such as the construction of the Popua Park or the signing of contracts already approved as a proper public procurement under the Public Procurement Regulations.

New appointments to statutory posts should be deferred, unless they were normal public service appointments made by the Public Service Commission, such as to Government chief executive officer level; and

All Cabinet or Ministerial decisions or activity outside the normal operations of the government should be avoided if it decided they would be better left to a new cabinet.

The Attorney General said it was up to Cabinet whether or not to accept his advice.

The main points

  • Prime Minister ‘Akilisi Pohiva’s caretaker government has been advised not to make any new commitments at the Pacific Leaders Forum in Samoa next week.
  • The Forum will be held in Apia from September 4-8.
  • The Attorney General, Hon. ‘Aminiasi Kefu, has advised the caretaker government that it should defer any new policy decisions on bi-lateral or international relations until the next cabinet.
  • He told Kaniva News this afternoon this applied to the Forum Leaders Meeting. However, he said Cabinet Ministers may attend and deal with existing political commitments.

For more information 

48th Pacific Islands Forum (PIF) Leaders Meeting

For Australians, Tongan dismissal has parallels with events of 1975

By
Philip Cass
-

For Australian observers of the unfolding crisis in Tonga, there are inescapable parallels between the events of August 25, 2017 and November 11, 1975.

Shortly after lunch on that November day Australians learned that the Governor General, Sir John Kerr, had sacked the Labour government of Gough Whitlam.

Parliament was dissolved and after an often violent election campaign, Labour was defeated, but the bitterness engendered by The Dismissal, as it became known, left a permanent stain on Australian politics.

Like King Tupou VI, Australian Governor General was acting legally and within the powers granted to him by the constitution.

However, his action was seen by many Australians as an unwanted interference in the democratic process.

Kerr was the representative of Australia’s Head of State, Queen Elizabeth II, and conspiracy theorists claimed that the dismissal was part of a royal plot.

Others claimed that Kerr was working for the CIA and it emerged long after Kerr’s death that during the political crisis leading up to the dismissal on November 11, 1975, he had met regularly with the head of the CIA station in Sydney.

Like Pohiva, Whitlam was a visionary who swept into power on a tide of popular approval in 1972, fought and won a second election in 1974 and overturned decades of rule by conservative politicians who were often criticised for acting as if they thought they had a right to rule.

Whitlam introduced new rules that brought greater equality and freedom to Australians, introduced free tertiary education, supported the arts, strengthened Australian’s sense of pride and national identity, gave proper recognition to Aboriginal Australians and supported the campaign for women’s rights.

But for all his achievements, his government was fatally damaged by Whitlam’s inability to control his cabinet, catastrophic misjudgements of public opinion and major errors of judgement on international issues.

He was accused of sometimes acting as if he was the only member of the government and was blamed for the deterioration of the Australian economy  in the wake of the global oil crisis.

Whitlam left Parliament after a series of defeats by Liberal Party leader Malcolm Fraser, who had engineered the 1975 political crisis by refusing to pass the Whitlam government’s budget.

Fraser left Parliament after he was defeated by Labor’s Bob Hawke. In the years that followed, the enmity between Fraser and Whitlam cooled and they became political allies on a number of causes, particularly the push to make Australia a republic.

The dismissal of the Whitlam government by the Governor General in 1975 strengthened the support for a republic among many Australians who felt angry that a royal representative could interfere in their country’s political life.

For more information 

The Whitlam dismissal

Political turmoil in the countdown to Prime Minister’s dismissal

By
Philip Cass
-

Former Prime Minister ‘Akilisi Pohiva has been embroiled in political turmoil since the beginning of the year.

February

In February, he was the target of a fake letter purporting to have been written to the Chinese embassy.

Both the Chinese embassy and the  PM’s office called the letter a fabrication.

The Prime Minister’s office said the letter was clearly intended to denigrate the Prime Minister while he was facing a vote of no confidence motion that has been tabled in parliament.

The document was posted to Facebook and widely shared online.

The same month Dr Micheal Horowitz, Dean of Tonga’s ‘Atenisi Institute, told a seminar on the future of democracy in Tonga the Democrats might retain power despite the controversies that had dogged the government of ‘Akilisi Pōhiva.

He said Finance Minister Dr ‘Aisake Eke or Deputy Prime Minister Siaosi Sovaleni could replace Pōhiva as Prime Minister.

If the Democrats fell, a new leader could emerge from the nobles, although people could still support the new democratic style of politics.

March

In March there was turmoil in the government when the Prime Minister sacked Tongan Finance Minister Dr Aisake Eke, apparently for abstaining during the long delayed vote of no confidence.

The Prime Minister demanded Dr Eke’s resignation in a letter delivered to him during a Sunday service at the Free Wesleyan Church.

The same month the Prime Minister declared war on the Tongan Broadcasting Corporation, describing it as “an enemy of the government.”

Once regarded as a champion of media freedom, he told Radio New Zealand the state broadcaster was an obstacle and a constraint on the work of the government.

His feud with the Tongan media has continued to run, culminating in a declaration by his son that any media which criticised his father’s stance on the Tongan media were aligned with his enemies.

April

In April Pohiva turned 76 and celebrated 18 months as Prime Minister and the first commoner to lead the Tongan government. In an exclusive interview with Kaniva News he said he knew his government and how he led it was not perfect.

He said he was “elated” at what he had done for Tonga in politics.

However, even in his birthday month, Pohiva was defending his government’s actions to a group of church elders who were outraged  by rumours that an application  for a casino had been approved.

Pohiva denied this was the case and debate arose over whether a letter which appeared to show approval had been given was actually a fake.

May

This was the month when Pohiva made his most controversial decision. His government inherited an agreement from the previous administration to host the South Pacific Games in 2019. Funding was in place for the Games and overseas aid and donations were lined up to refurbish sporting facilities, buy equipment and make sure the Games could be held. Then the Prime Minister found a document dating to 2013 which said the government could not afford to host the games.

Despite the document being four years old, despite the fact that funding was in place and that economic forecasts until 2020 had been based on income generated from construction, tourism and taxation related to the Games, he declared the kingdom would not hold the Games because it could not afford to.

He was immediately attached by other politicians, including Finance Minister Tevita Lavemaau. Lord Vaea, who was was instrumental in bringing the Games to Tonga when he was the Minister of Internal Affairs and Sports, described the decision as “bizarre.”

Despite the barrage of criticism Pohiva stuck to his guns and despite months of legal threats, recriminations and arguments, he remained adamant that there would be no Games.

June

Pohiva remained determined not to hold the Games even after a meeting with Games officials. The Minister of Justice said the Pacific Games Council were “kakai kovi” (bad people) who thought they could easily bluff the government into changing its decision on the 2019 Games by threatening legal action.

Hon. Vuna Fa’otusia referred to the president of Pacific Games Council President, Vidhya Lakhan as a “ki’i motu’a ‘Initia” (little old Indian man) who came to Tonga to scare the government.

The Prime Minister began the new Parliamentary year with an agenda that was set firmly against the kingdom’s traditional power structure.

Some nobles were quick to attack his ideas.

Speaking to Kaniva News at ‘Atalanga in Auckland, the Prime Minister said he wanted to focus on completing his political reforms.

Many powers, such as the authority to veto decisions, declare marshal law and close parliament still lay with the king.

July

The government continued in a reformist mood with is budget, in which it outlined plans to make better paid Tongans pay more taxes to make life easier for poorer Tongans.

The government’s plans were aimed at raising the buying power of lower income earners and generating more revenue from taxes.

The budget statement said growth and sustainable development were critical to the government’s plans to alleviate poverty and hardship.

In an editorial, Kaniva News said the decision not to host the 2019 Pacific Games would continue to hover over the kingdom through the second half of the year.

We said the way the decision was handled pointed to some major lessons that needed to be learned if the government was to be returned to office at the next election.

The long term effects of the decision on Tonga’s reputation needed to be considered.

The move to abandon the Games looked like a snap decision made without consideration of reputational or long term interests.

We wrote: “At the next election (then due in 2018) at election the people will judge Hon. Pohiva and his government not just on what they have done, but – because the public is fickle and often thoughtless – on what they think they have seen him do.”

“If the Prime Minister does not learn to think a little more about how his actions might be seen, does not grow a little thicker skin and does not think more about the long term implications of his actions, then there is a danger that he and his government might lose the next election.

“To hand power back to the entrenched power holders of former times would be unthinkable for Tonga.

“It is up to the Prime Minister and his cabinet to draw some lessons from their first years in power to make sure they are re-elected and continue the democratic transformation of Tonga.”

August

On August 24 King Tupou IV closed Parliament and dismissed the Prime Minister. As Kaniva News reported earlier today, Pohiva will stand for re-election.

For more information

‘Akilisi Pohiva to run for Parliament again

https://kanivatonga.co.nz/2017/08/%ca%bbakilisi-pohiva-to-run-for-parliament-again-kings-dissolution-decision-divides-nation/

ʻAkilisi Pōhiva’s cabinet continues as caretaker government; NZ troops pulled from Tonga

By
Kalino Latu
-

His Majesty King Tupou VI has proclaimed ʻAkilisi Pōhiva’s cabinet will continue on as caretaker government which will run the country until after the upcoming general election in November.

The announcement was made today by His Majesty’s Lord Chamberlain.

“His Majesty commanded that new representatives of nobles and the people to be elected to enter the Legislative Assembly at elections to be held in no later than November 16″,  the Lord Chamberlain said in a statement.

“Until those elections take place, the present government will continue as caretaker government

During this time, the administration of government services especially Health and Education services to the people should remain a priority”.

Hon. Pōhiva and his cabinet were dismissed yesterday after King Tupou VI had dissolved the Parliament.

NZ troops in Tonga come home

Meanwhile, the New Zealand SAS troops in Tonga will be brought home as soon as possible, the New Zealand government has announced.

A group of 20 New Zealand SAS troops are in Tonga, where the Prime Minister has suddenly been dismissed by the King.

Foreign Minister Gerry Brownlee told the New Zealand Herald yesterday the troops were there for a routine exercise, and today confirmed they would be pulled out of the country as soon as possible.

“Rather than continuing on to do their scheduled training exercise we’ve concluded this is a time for Tonga to have some clear air, uncomplicated by the coincidental presence of NZDF personnel in the country”, Brownlee said.

ʻAkilisi Pōhiva to run for Parliament again, king’s dissolution decision divides nation

By
Kalino Latu
-

ʻAkilisi Pōhiva has announced his plan to run for Parliament again in the November election, his son and personal assistant Poʻoi Pōhiva has confirmed to Kaniva News this morning.

The former Prime Minister was dismissed yesterday after His Majesty King Tupou VI had dissolved the Legislative Assembly.

As Kaniva News reported, His Majesty also announced a new election for all Members of Parliament to be held no later than November 16.

The dissolution of the Parliament came after the king was advised by His Privy Council and the Speaker of Parliament.

In an interview with ‘Akilisi three years ago the long-time democratic veteran campaigner said he would stand for election one last time in the 2014 general election.

The revelation of Pohiva’s plan could give his great number of supporters in the kingdom and abroad a sense of relief, after many of them were devastated by his dismissal.

Po’oi did not give further details about his father’s plan but most of ‘Akilisi’s supporters had called on him to stand again for Parliament since the declaration of his dismissal yesterday.

His supporters did not believe there were solid reasons for the king to dismiss the people’s first elected Prime Minister.

The Privy Council has yet to give any reasons why it made the surprising royal command.

ʻAkilisi’s supporters had questioned the Privy Council and the Speaker of the House over their advice to dissolve Parliament given they were only elected to their positions by the king and the only 33 members of the nobility.

‘Akilisi always maintained that members of the Privy Council who were tasked with giving advice to the king were mostly people who dislike him

“The King is behaving like Kim Jong Un (dictator) of North Korea should he decided to dismiss the people’s PM. Tonga is going to revert back to chaos and democracy is no more. I don’t support the King in this move. The King should respect the will of the people, not his advisers and inner-circle. Tonga doesn’t need another riot”, a supporter of ‘Akilisi wrote on Kaniva website.

Supporters of the king stood by His decision and wrote on Facebook things like:

“Long live your Majesty”.

“The king love Tonga more than anybody else”

“The king made the decision to save the country”.

Disappointment and fears of violence in wake of  king’s dismissal of PM Pohiva

By
Philip Cass
-

There was disappointment and fears of violence tonight in the aftermath of King Tupou IV’s dismissal of Tongan Prime Minister ‘Akilisi Pohiva.

New Zealand Foreign Minister Gerry Brownlee said the possibility of civil unrest was a concern.

And a leading Tongan academic said tonight there was “a very real fear of violence” following the dismissal of Prime Minister ‘Akilisi Pohiva.

Dr Malakai Koloamatangi, Pasifika Director at Massey University, said Hon. Pohiva had a lot of support among the people of Tonga.

Dr Koloamatangi told TVNZ this evening that  while  the kingdom has been moving towards a more democratic government, King Tupou IV’s dismissal of the Prime Minister was”highly unusual.”

Radio New Zealand described the move as the downfall of Pohiva and noted that his government has been marred by controversy and allegations of incompetence.

As Kaniva News reported this afternoon, the dismissal followed an approach by the Speaker of Parliament to King Tupou VI and a decision made by the Privy Council.

According to the  government gazette, fresh elections have to be held by November 16.

Former parliamentarian Dr. Sitiveni Halapua said the people had high hopes for Hon. Pohiva’s government, but had not seen any real fruits from the democratic change.

“It’s a great disappointment all round,” Dr Halapua said.

Tongan publisher Kalafai Moala said the King’s decision was a setback for democracy, but told Agence France Presse the dismissal had support.

“Pohiva has a core of supporters and they’re out there on social media expressing disappointment,” he said.

“But I think most people are happy and felt like this had been coming for some time.”

Meanwhile, Hon. Brownlee said New Zealand SAS troops who were in the kingdom were confined to barracks.

He said it was a complete coincidence the troops were in the kingdom.

Brownlee told the New Zealand Herald the Government had had no indication the move was coming.

“We will be trying to work out over the next couple of days what it is going to mean for democracy in Tonga and what the implications will be for New Zealand,” he said.

The main points

  • There was disappointment and fears of violence tonight in the aftermath of King Tupou IV’s dismissal of Tongan Prime Minister ‘Akilisi Pohiva.
  • New Zealand Foreign Minister Gerry Brownlee said the possibility of civil unrest was a concern.
  • And a leading Tongan academic said tonight there was “a very real fear of violence” following the dismissal of Prime Minister ‘Akilisi Pohiva.
  • Radio New Zealand described the move as the downfall of Pohiva and noted that his government has been marred by controversy and allegations of incompetence.

For more information

King officially dismisses Parliament, new election in November, Crown law website says

Tongan King dissolves parliament, calls fresh elections 

King of Tonga dismisses Prime Minister, as Kiwi SAS troops in country

Fears of violence in Tonga after King Tupou VI dismisses PM Akilisi Pohiva and dissolves Parliament

King officially dissolves Parliament, new election in November, Crown law website says

By
Kalino Latu
-

The king has officially dissolved Tongaʻs Parliament effective from yesterday August 24.

His Majesty also announced a new election for all Members of Parliament to be held no later than November 17.

Acting Attorney General ‘Aminiasi Kefu has confirmed the royal command.

It says King Tupou VI made the decision after he received an advice from the Lord Speaker.

The announcement was made on the Crown Laws website this afternoon August 25.

As Kaniva News reported earlier today, when we contacted the Prime Minister’s Office and some noble MPs for confirmation they said they were unaware of the dissolution decision.

The announcement:

WE,TUPOUVI,BYTHEGRACEOFGOD,OFTONGA,KING:

HAVING CONSIDERED Advice from the Lord Speaker of the Legislative Assembly, and

HAVING REGARD to Clauses 38 and 77(2) of The Act of Constitution of Tonga (Cap. 2) DO lawfully dissolve the Legislative Assembly with effect from Thursday24 August2017 at 1700 hours and DO Command that new Representatives of the Nobles and People be elected to enter the Legislative Assembly at Elections to be held no later than 16 November 2017.

DONE by Us at Nuku’alofa, this TwentyFourthdayofAugustinthe Year of Our Lord Two Thousand and Seventeen and in this the Sixth Year of Our Reign.

Here is the link: ʻ

https://crownlaw.gov.to/cms/images/LEGISLATION/GAZETTES/2017/2017-0026/GazetteSupplementExtraordinaryNo.14of2017.pdf

Our earlier report on this topic:

The Members of Parliament were told this morning to return home as the House was closed down for the rest of this term.

The Prime Minister’s Office was unaware of any decision the King has dismissed the Prime Minister, a spokesperson from the Office told Kaniva News.

She said the Office was inquiring and would release a statement soon.

Reports on social media this afternoon cited Tangata Pasifika Correspondent John Pulu as saying the King has “dissolved” Parliament and “dismissed” Prime Minister ‘Akilisi Pohiva.

But Pulu told Kaniva News “ I am still waiting on official word from Tonga will keep you posted…”

Lord Tu’iakepa has confirmed they were told this morning to go home but when he was told it has been reported the King has dissolved the Legislative Assembly he said they have yet to receive any official statement about it.

“Ko e tala mai pe ia ke mau foki ki ‘api ‘e tapuni e Fale Alea ki he ta’u ni ko ia pe”, Tu’ilakepa said.

Translated: “We were told to go home the Parliament will be closed down for this year that’s it”.

Lord Tu’ilakepa was unaware of any decision to dismiss Prime Minister ‘Akilisi Pohiva.

A lady in Parliament said the Chief clerk and the Speaker were in a meeting.

When she was asked we wanted to talk to one of them she hung up the phone.

Tonga MPs told to go home as PM office is unaware of Prime Minister’s alleged dismissal

By
Kalino Latu
-

We have updated this story. Click here to read the update

https://kanivatonga.co.nz/2017/08/king-officially-dissolves-parliament-new-election-in-november-crown-law-website-says/

The Members of Parliament were told this morning to return home as the House was closed down for the rest of this term.

The Prime Minister’s Office was unaware of any decision the King has dismissed the Prime Minister, a spokesperson from the Office told Kaniva News.

She said the Office was inquiring and would release a statement soon.

Reports on social media this afternoon cited Tangata Pasifika Correspondent John Pulu as saying the King has “dissolved” Parliament and “dismissed” Prime Minister ‘Akilisi Pohiva.

But Pulu told Kaniva News “ I am still waiting on official word from Tonga will keep you posted…”

Lord Tu’iakepa has confirmed they were told this morning to go home but when he was told it has been reported the King has dissolved the Legislative Assembly he said they have yet to receive any official statement about it.

“Ko e tala mai pe ia ke mau foki ki ‘api ‘e tapuni e Fale Alea ki he ta’u ni ko ia pe”, Tu’ilakepa said.

Translated: “We were told to go home the Parliament will be closed down for this year that was it”.

Lord Tu’ilakepa was unaware of any decision to dismiss Prime Minister ‘Akilisi Pohiva.

A lady in Parliament said the Chief clerk and the Speaker were in a meeting.

When she was asked we wanted to talk to one of them she hung up the phone.

Arrest following Tongan man death in Auckland

By
Kalino Latu
-

Auckland City Police have made an arrest yesterday Thursday 24 following the death of Reginal Sharma in Haughey Avenue, Mt Roskill last weekend.

A 22-year-old man was arrested and will be appearing in Auckland District Court today charged with manslaughter.

“The inquiry team have worked tirelessly since the weekend to understand the circumstances of what happened in the incident.

The arrest today is an important step in the investigation and will hopefully bring some relief for the friends and family of the victim,” said Detective Inspector Aaron Pascoe.

As Kaniva News reported, the 25-year-old Tongan, Fijian-Indian man who grew up in New Zealand was one of a number of separate groups that met up at the Gemini Bar in Otahuhu and then travelled to 19 Haughey Avenue, sometime after 2.30am, to continue socialising, Pascoe said.

Police were called around 3am following reports of a loud party at the address.

Upon Police arrival, Sharma was located on the driveway in a critical condition, said Detective Inspector Pascoe.

Police and ambulance staff attempted to resuscitate him, however he died at the scene.

While an arrest has been made inquiries into the incident are ongoing, Pascoe said last nigjt,

Anyone with information that may assist the investigation is asked to call Auckland Police on 09 302 6557.

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