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Pōhiva’s letters firing Deputy Siaosi Sovaleni and Finance Minister Tēvita Lavemaau

By
Kalino Latu
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Tongaʻs new Minister of Finance Dr Pōhiva Tuʻionetoa has confirmed to Kaniva News this morning he received a letter yesterday Monday 4 from Prime Minister ʻAkilisi Pōhiva which showed the former Deputy Prime Minister Siaosi Sovaleni and former Minister of Finance Tēvita Lavemaau had been sacked.

Hon. Tuʻiʻonetoa said he has received another letter from Hon. Pōhiva informing Lord Maʻafu that he had been appointed as Deputy Prime Minister. Hon. Poasi Tei took over from Sovaleni as Minister of MEIDECC.

Another letter sent to Hon. Tuʻiʻonetoa showed he had been picked by the Prime Minister as new Minister of Finance.

“I have yet to receive my letter of official appointment from the king. But it was often a long process as it depends on when the king becomes available”, Hon. Tuʻiʻonetoa said in Tongan.

The dismissals of the two ministers and the reshuffle of three ministers to replace the vacant posts were all effective from Friday 1, Hon. Tuʻiʻonetoa said.

The letter to Sovaleni read:

“I hereby wish to inform you, that I made recommendation to His Majesty King Tupou VI , on Friday 1st September 2017, in accordance with clause 51 (3) (a) of the Act of Constitution of Tonga, to revoke your appointment as Minister of Metrology, Energy, Information, Disaster Management, Environment, Climate Change and Communications and Ministry of Foreign Affairs, effective from Friday 1st September, 4.30pm.”

The letter to Lavemaau read:

“I hereby wish to inform you, that I made recommendations to His Majesty King Tupou VI to revoke your appointment as Minister of Finance & National Planning, in accordance with clause 51 (3) (a) of the Act of Constitution of Tonga, effective from Friday 1st September, 4.30pm, on Friday 1st September 2017″

Poʻoi said on Sunday the Prime Minister had submitted the letter to dismiss the ministers to the king on Friday evening.

He said a message from the Lord Chamberlain has confirmed she had handed in the letter to His Majesty.

Confusion

The reports of dismissals by other media had confused public with Radio New Zealand reported yesterday Hon. Pōhiva has denied what Kaniva News had reported about former Deputy and former Minister of Finance.

“The Kaniva News service has reported that Mr Pohiva had sacked his deputy prime minister, Siaosi Sovaleni, and the finance minister, Tevita Lavemaau.

But Mr Pohiva who has today become the chair of the sub-regional body, the Polynesian Leaders Group, said there was no truth to the Kaniva report”, Radio New Zealand reported.

Matangi Tonga report said: “Tonga’s caretaker government is currently in turmoil as Tongans are waiting to find out who is officially the Acting Prime Minister after the Prime Minister Hon ‘Akilisi Pohiva left to attend an overseas meeting last week”.

It tried in vain to get confirmation from the Prime Minister’s Office yesterday.

The website also said that “no names have been forthcoming to replace Tevita Lavemaau.”

The Matangi Tonga’s and Radio New Zealandʻs reports come  two days after our first report cited a cabinet spokesperson who confirmed to us on Friday it was true the two ministers had been sacked.

On Saturday Tongan language Television Programme TNEWS producer Sētita Millar reported on Facebook she had interviewed Hon. Pōhiva on Friday evening and the Prime Minister has confirmed to her he had sacked Sovaleni and Lavemaau.

On Saturday night Hon. Pōhiva had confirmed to Katalina Tohi of Radio Tonga Broadcom FM. 87.5 and Tonga Daily News from Apia, Samoa he had sacked the ministers effective from Friday September 1.

Dismissal process

The Prime Minister has power to dismiss any of his ministers according to the constitution even if his government was in caretaker mode but he has to inform the king about the dismissal.

The constitution says:

A Minister shall retain his position as Minister until – (a) his appointment is revoked by the King on the recommendation of the Prime Minister or in accordance with clause 50B.

For more information:

PM Pōhiva has sacked Deputy Prime Minister and Minister of Finance

Rejection of TP$60,000 proposal may have angered Deputy and Finance Minister, PM says

Tongan legends portray Maui as a scientist, but in poetic language, say scholars

By
Kalino Latu
-

Tongan fananga or tales portrayed the demigod Mauis in poetic language as if they were real men – and they were scientists, said Professor Tēvita.‘O. Ka’ili.

Professor Ka’ili said stories about Maui who captured the sun was a poetic expression for Maui mastering scientific knowledge relating to the celestial movement of the sun, the seasons as regulated by the sun, summer solstice knowledge pertaining to navigation and astronomy.

“Maui was a top astronomer and a master navigator”, he told Kaniva News.

“Throughout Oceania, Maui utilised mountains, such as Mt Haleakalā in Hawaiʻi, and megalithic structures, such as the Haʻamonga ʻa Maui (Maui’s Stone Arch) in Tonga, to study the movement of the sun.

In addition, he observed constellations and applied the knowledge to his long-distant voyages to “fish up” new lands. Maui was not only a famous demigod but also a great indigenous scientist.”

Professor Ka’ili of Brigham Young University in Hawaiʻi made his comments after Kaniva News ran a story in May about a mythical rock in the village of Kalaʻau in Tonga which was known as Makatolo ʻA Maui.

Professor Ka’ili said: “The demigod  Maui placed this gigantic boulder in the village of Kalaʻau in Tonga. There are two tales about this Maui’s Rock”.

“Maui threw this boulder at a gigantic man-eating chicken. He killed the chicken and saved people.

Some tales said:

“Maui used this boulder together with a magical rope from the goddess Hina’s hair to anchor the sun and slow it down from racing across the sky. This act of slowing down the sun gave people more daylight to complete their work.

“The tales of Maui relating to this boulder are probably metaphoric references to the earthquake or underground turbulence that caused tsunamis to bring this boulder to the surface”, Professor Kaʻili said.

Scientists theorised that a mega tsunami brought this massive boulder from the sea to the surface of Tongatapu.

“According to Tongan tradition, Maui Motuʻa resides in the subterranean world, Lalofonua, and he bears the world on his shoulders. When he falls asleep the world shakes. Maui Motuʻa is the cause of earthquakes or underground turbulances. Thus, Maui’s earthquake brought the boulder to the surface of Tonga. This boulder is known in Tongan as Makatolo-ʻa-Maui or Makatolo-Moa-ʻa-Maui, The Throwing Boulder of Maui. Indigenous Tongan science is poetically encoded in the stories of Maui, ” Professor Kaʻili said.

Professor Futa Helu

The late Professor Futa Helu classified Tongan fananga into three categories dealing with creation myths, about heroes and tale about people or folk tales.

He said tales were how people attempted to interpret nature and what happened naturally including earthquakes, tornadoes, cyclones and tsunami.

Professor Helu said in a paper published in the Tala ʻO Tonga journal, Voliume 2 by the Tonga Ministry of Education in 1990 that people in the olden days may have had more imaginative minds than people nowadays.

The tale about earthquake, according to Professor Helu, was how people attempted to explain why the earthquake happened.

Because they did not have the technology to search underground to find out what had actually happened, they just used people’s actions to describe the earthquake.

“People’s action were the only thing they knew,” Professor Helu said.

The only human actions they were familiar with was that when men slept they could become numb. As a result, they could react to their condition and at some stage they could move and shake.

Professor Helu said people thought that was what actually happened underground. A man was sleeping, became numb and all of a sudden he reacted physically, causing the land to vibrate.

The same thing happened in the Tongan tale about tornadoes, he said.

People thought the natural disaster was blind and when it hit the only thing people could do was to make as much noise as they could to chase it away.

He said that was the result of the imagination of people in past times. They interpreted nature  through human nature and action. They thought the tornado was blind because once it hit it did not see the houses and trees and destroyed them.

Mauis

There were various Mauis in the Tongan legends, including Maui ‘Esiafi or Maui who first brought the fire to earth.

Professor. Helu claimed there was a real man named Maui ‘Esiafi. According to the legends Maui stole the fire from Pulotu, the underground paradise.

There was Maui Fusifonua or Maui who fished the land from underwater.

Professor Helu said there was a man Maui Fusifonua. While he did not fish the land, he was the one who found land and gave them to people to live on.

There was another Maui known as Maui Tekelangi meaning he pushed the sky up into the atmosphere.

According to the legends the sky was just above ground level and people were crawling under it as they did not have space to stand up. Then Maui Tekelangi finally pushed it and sent it to the atmosphere.

Professor Helu claimed there was a man known as Maui Tekelangi, but he did not push the sky as no man could have that physical ability to do so. Instead the tale poetically said that Maui Tekelangi freed the people from an authority that had enslaved them.

Rejection of TP$60,000 proposal may have angered Deputy and Finance Minister, PM says

By
Kalino Latu
-

Prime Minister ʻAkilisi Pōhiva said he suspected his rejection of a proposal by the Deputy Prime Minister and Finance Minister to spend TP$60,000 on the opening of the St George Palace had turned the duo against him.

Hon. Pōhiva sacked Deputy Prime Minister Siaosi Sovaleni and Minister of Finance Tēvita Lavemaau on Friday before he left for Samoa to attend the Pacific Leaders forum.

His son and personal assistant Po’oi Pōhiva told Kaniva News yesterday the Prime Minister had submitted the letter of the ministers’ dismissals to the king on Friday evening.

He said they received a message from the Lord Chamberlain saying that she had handed in the letter to His Majesty.

Po’oi said the Prime Minister was expecting a response from the king on Monday.

Hon. Lavemaau and Hon. Sovaleni proposed to the Cabinet that TP$60,000 be allocated to help fund the preparations for the opening ceremony of the St George Palace on Friday.

Hon. Pōhiva said he and some of the ministers who attended a cabinet meeting did not approve the proposal as they thought it was a huge amount of money to be spent on the ceremony.

His Majesty King Tupou VI, who suddenly dissolved Parliament and put Hon. Pōhiva and his government on caretaker mode opened the new multi-million St George Government Building on Friday.

He was welcomed by the Prime Minister during the ceremony and they shook hands before the king left the event.

The TP$28 million building project was funded by the Chinese government in an agreement signed in 2012.

The fully equipped building with a floor area of around 5745 square metre has housed the Prime Minister’s Office, the Ministry of Finance and National Planning, the Ministry of Foreign Affairs and the Cabinet Chambers.

The Interim Prime Minister alleged Hon. Sovaleni and Hon. Lavemaau knew about the King’s and Speaker Lord Tu’ivakano’s plan to dissolve Parliament, but they did not warn him because they were holding a grudge against him after their proposal was rejected, he told Radio Tonga Broadcom and Tonga Daily News last night.

Hon. Pōhiva said he was very disappointed with Sovaleni and Lavemaau’s action in that they should have warmed him about the dissolution.

He implied that if he had been warned of the plan to dissolve the House he might have approached the king first.

He said he found out when he arrived in New Zealand on his way to Samoa last week some people in New Zealand knew the king was going to dissolve Parliament.

Hon. Pōhiva said there were other things he was concerned about towards the two ministers but he did not reveal them.

Dismissals

It appeared the dismissals did not go through the cabinet before they were made, as they shocked some of the Ministers who only found about the decision from Kaniva News on Saturday morning.

It appeared Hon. Pōhiva did not approach Hon. Lavemaau and Hon. Sovaleni about their dismissals and the Prime Minister did not say whether he had proof the ministers knew about plan to dissolve Parliament.

The two dismissed cabinet members reportedly said they knew nothing about their dismissals.

Hon. Dr. Pōhiva Tu’i’onetoa, who was appointed as replacement Minister of Finance did not know about his appointment.

He told us he only knew about it from Kaniva News and he had not received any message about it.

Hon. Pōhiva confirmed last night he had also appointed Lord Ma’afu as Deputy Prime Minister and Hon. Poasi Tei to the MEIDECC.

Lord Ma’afu told Radio New Zealand he was unaware of his appointment and the reshuffle.

Hon. Pōhiva said he would not appoint new ministers from outside cabinet after the dismissals of Hon. Sovaleni and Hon. Lavemaau.

Acting Attorney General ‘Aminiasi Kefu told the radio Hon. Pōhiva still held the power to dismiss any of his ministers while the government was in caretaker mode.

Hon. Lavemaau and Hon. Sovaleni have been contacted for comment.

The main points

  • Prime Minister ʻAkilisi Pohiva said he suspected his rejection of a proposal by the Deputy Prime Minister and Finance Minister to spend TP$60,000 on the opening of the St George Palace had turned the duo against him
  • Pohiva sacked Deputy Prime Minister Siaosi Sovaleni and Minister of Finance Tevita Lavemaau on Friday before he left for Samoa to attend the Pacific Leaders forum.
  • Pohiva alleged Hon. Sovaleni and Hon. Lavemaau knew about the King’s and Speaker Lord Tu’ivakano’s plan to dissolve Parliament, but did not warn him because their proposal was rejected
  • The two dismissed cabinet members reportedly said they knew nothing about their dismissals.

For more information

PM Pōhiva has sacked Deputy Prime Minister and Minister of Finance

Land Court awards Kolomotuʻa land, buildings to Moʻui Foʻou ʻIa  Kalaisi Fellowship

By
Philip Cass
-

The Mo’ui Foʻou ‘ia Kalaisi Fellowship has been awarded the lease of lands at Kolomotuʻa which have been the subject of a protracted battle between two churches.

The Tokaikolo Church wanted a declaration that the land on  which  the   church  stands,  the  church  itself  and  its  furnishings and two houses were the property of Tokaikolo and an order that vacant possession of the same be given.

In his ruling in the Land Court, Mr Justice Scott said he made his judgement based on the fact that the majority of fund raising, physical work on the land and church building had been done by local people and by members of the Fellowship who now worshipped there.

The matter of doctrinal differences was also a consideration in his judgement.

He also found that Cabinet had not acted properly in granting two competing requests for the lease of the land.

The Fellowship broke away from the Tokaikolo Christian Church International over the leadership style, perceived administrative irregularities and what were held to be the heresies of its president, Rev. Dr. Liufau Saulala.

The church at Kolomotu’a became the physical focal point of the Fellowship and Fellowship and members of the congregation who wanted to stay with the Tokaikolo church were not allowed to use it.

Doctrinal differences

In a 53 page judgement in which he made extensive use of documents and submissions made to the court by both sides in the case, Mr Justice Scott laid out the history of the land and the doctrinal and financial crises which had beset the Tokaikolo church.

The founder of the Tokaikolo church, Rev. Senituli Koloi, preached withdrawal from the pleasures of the flesh, led a deeply prayerful life and practised and advocated intense fasting.

He scorned feasting, displays of wealth, excessive obeisance to the powerful and all forms of ostentation.

When Dr Saulala took over, there were feasts and gifts for guests and questions were raised about whether he was turning his back on Rev. Koloi’s beliefs.

Mr Justice Scott said it was clear that a number of members of the Tokokailo church felt it had deviated from its original doctrines. He said it was not up to the court to settle these differences, but noted that in his later statements on salvation Dr Saulala had departed from the core beliefs of Rev. Koloi.

In his report on the doctrinal issues of the case, Mr Justice Scott cited an earlier case that said:

“Where property is given for the purpose of a particular voluntary association having as its band of union one or more distinctive fundamental religious tenets or principles, the majority of such association cannot, in the absence of express provision, by amalgamating with another body which does not hold such tenets or principles as essential oust from the  property  belonging to such voluntary association the minority who still adhere to  those tenets  and  principles”.

There were also serious questions about the church’s financial practises, including the failure to lodge proper financial records.  Under Dr. Saulala the church became involved in a series of failed business ventures, including what were essentially magic pills. Dr Saulala made incredible claims about foreign investment in the church and became closely involved with a convicted conman, David Hobbs.

“There is nothing to rebut the suggestion that his dealings with Hobbs resulted in an enormous financial loss to the Church and to its members,” the judge said.

The lease

In July and September 2002 and January 2003, Neomai Holani, a widow, applied to the Minister of Land for his consent to the surrender of seven portions of her tax allotment totalling one acre, one rood and 10 perches “for the work of the Tokaikolo Church.”

The application was approved by Cabinet and a section 54 notice was published. After a year an application for a lease of the surrendered land was lodged by The Tokaikolo Christian  Fellowship.

This application was approved by Cabinet in November 2005 and resulted in a lease finally being granted on 18   September 2009.

“Unfortunately, when the lease was granted to the Tokaikolo Fellowship in  Christ  of Kolomotu, the Ministry overlooked the fact that in 2006 a second application for a lease of  the  land, plus a small extra piece, had been received from Sione Maile, then the General Secretary of the Tokaikolo Church,” Mr Justice Scott said.

“This application, necessarily entailing the cancellation of the first application, was also approved by Cabinet.

“The result of this oversight is that no lease, in the form and to the lessee last approved   by Cabinet has ever been issued while  the  lease actually registered (and mortgaged) is not in the name of the lessee last approved by  Cabinet,” Mr Justice Scott said.

The Tokaikolo Church’s application was dismissed.

The main points

  • The Mo’ui Fo’ou ‘ia Kalaisi Fellowship has been awarded the lease of lands at Kolomotu’a which have been the subject of a  protracted battle between two churches.
  • The Tokaikolo Church wanted a declaration  that the land on  which  the   church  stands,  the  church  itself  and  its  furnishings and two houses were the property of Tokaikolo; and an order that vacant possession of the same be given.
  • In his ruling in the Land Court, Mr Justice Scott, said he made his judgement based on the fact that the majority of fund raising , physical work on the land and church building had been done by local people and by members of the Fellowship who now worshipped there.
  • The matter of doctrinal differences was also a consideration in his judgement.

For more information 

Judge warns plaintiff party to consider personal questions against defendant

PM Pōhiva has sacked Deputy Prime Minister and Minister of Finance

By
Kalino Latu
-

Prime Minister ‘Akilisi Pōhiva has fired Deputy Prime Minister Siaosi Sovaleni and Finance Minister Tēvita Lavemaau, a cabinet spokesperson told Kaniva News today. 

It is understood Sovaleni and Lavemaau were dismissed effective from Friday, September 1 at 5pm.

Hon. Pōhiva was very disappointed with the ministers, the spokesperson said.

The Ministers were allegedly involved in a conspiracy which led to the king’s decision to dissolve Parliament and order fresh general election in November to replace the current MPs and cabinet.

Lord Maʻafu has been appointed the new Deputy Prime Minister while Hon. Poasi Tei took over Sovaleniʻs Minisitry of MEIDECC.

Dr Pōhiva Tuʻiʻonetoa is the new Minister of Finance.

The dismissals came after TBC news Producer Viola Ulakai asked Hon. Pōhiva during a press conference in Nukuʻalofa on Tuesday whether it was true some of his ministers were being investigated in which the Prime Minister denied.

Hon. Pōhiva said he was satisfied and calm and all the Ministers were still in cabinet.

Ulakai told Hon. Pōhiva his son-in-law, Police Minister Māteni Tapueluelu, told TBC news some Ministers had been investigated.

Hon. Pōhiva said if anything would come up it will be dealt with accordingly.

Sovaleni and Lavemaau have been contacted for comment.

Speaker has no power to advise king to dissolve Parliament says Justice Minister

By
Kalino Latu
-

There is no clause in the Tongan Constitution which says the king can dissolve Parliament on the advice of the Speaker of Parliament, the Minister of Justice told Kaniva News today.

Hon. Sione Vuna Fā’otusia said this meant there was room to challenge in court the involvement of the Speaker in the decision.

His Majesty King Tupou VI dissolved Parliament after he received recommendations from the Speaker of the Legislative Assembly, Lord Tu’ivakanō, who was Prime Minister before Hon. ‘Akilisi Pohiva.

Acting Attorney General Aminiasi Kefu said the decision to dissolve Parliament was part of the king’s royal prerogatives and it could not be challenged in court.

However Hon. Fā’otusia disagreed and said the decision by the king, based on a recommendation from the Speaker, was not a royal prerogative, but was a statutory .

“The Acting Attorney General does not think so! But I think that there is a ground for judicial review as the decision was not royal prerogative, but statutory!”, Hon. Fāʻotusia told Kaniva News.

“There is nothing in the constitution to allow the king to dissolve the house based on the recommendation of the Speaker.

“What the king did is not considered proper i.e. to dissolve a duly elected government of the people based on the recommendation of the Speaker.

The instrument of dissolution unequivocally stated that “having considered advice from the lord speaker of the legislative assembly, … [they] do lawfully dissolve the legislative assembly…”, the Minister said.

Prime Minister ‘Akilisi Pōhiva said on Wednesday the king had the power to dissolve the Legislative Assembly.

He said he received recommendations from lawyers that the government could challenge the “second part” of the royal directive, which referred to the king’s order to put his government on the caretaker mode.

The recommendations were based on clause 50A of the Constitution, which says the Prime Minister would continue holding his office even if the Parliament was dissolved.

The Constitution says the Prime Minister will hold his office until: “(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;”

Hon. Pōhiva said he would not seek any legal action against the king’s decisions.

The Constitution clearly states the two bodies which can advise the king are Privy Council and the Prime Minister.

This is what the constitution says:

“Constitution and powers of Privy Council

(1) The King shall appoint a Privy Council to provide him with advice. The Privy Council shall be composed of such people whom the King shall see fit to call to his Council.

(2) If any case shall be heard in the Land Court relating to the determination of hereditary estates and titles, it shall be lawful for either party thereto to appeal to the King in Privy Council which shall determine how the appeal shall proceed and the judgment of the King in Privy Council shall be final.

(3) Privy Council may by Order in Council regulate its own procedures”.

According to the Constitution the Prime Minister has the power to recommend His Majesty remove the Speaker of Parliament according to Clause 61 (3). The clause says:

“If the Prime Minister, with the approval of at least half of the members of the Legislative Assembly, recommends to the King that the Speaker be removed from office, the King shall revoke the Speaker’s appointment and appoint a new Speaker on the recommendation of the Legislative Assembly.”

The main points

  • There is no clause in the Tongan constitution which says the king can dissolve Parliament on the advice of the Speaker of Parliament, the Minister of Justice told Kaniva News
  • Sione Vuna Fa’otusia said this meant there was room to challenge the decision in court.
  • His Majesty King Tupou VI dissolved Parliament after he received recommendations from the Speaker of the Legislative Assembly, Lord Tu’ivakano, who was Prime Minister before Hon. ‘Akilisi Pohiva.
  • “There is nothing in the constitution to allow the king to dissolve the house based on the recommendation of the speaker,” Hon. Fa’otusia said.

For more information 

Challenge to king’s action has no basis in law or Constitution, says acting AG

Two men, one woman charged after theft of heart surgery equipment

By
Kalino Latu
-

Three suspects have been charged with housebreaking and theft after heart surgery equipment were stolen from the Tanoa Hotel in Nuku’alofa.

Police have  arrested  a 42-year-old  man from Tofoa and his 25-year-old  girlfriend from Lomaiviti this morning,  in relation to the  housebreaking  and theft  of a laptop and 4 flash drives which were stolen on Wednesday morning.

A third suspect, a 48-year-old man from Kolomotu’a was arrested from a house at a bush allotment in Lomaiviti this morning at 5.24am, where Police found the  stolen laptop and flash drives  as well  as 4 cannabis plants.

As Kaniva News reported on Wednesday, a complaint had been launched with Police after heart surgery equipment belonged to heart surgeons from Australia were stolen from their hotel room.

“This is excellent work by the Police Criminal Investigation  Unit  in locating  and arresting these people responsible for this burglary so quickly,” says Acting Chief Superintendent Tevita Vailea.

“We are pleased to have been able to locate and give back to them the  property stolen within  two days of the  crime being committed.”

“It is a disgrace that criminals have  stolen from guests to our country,  whom are here  to help  our medical people to care for our people.”

The suspects are remanded in Police custody to appear at the Nuku’alofa Magistrate Court  later today.

Pacer Plus signing followed Budapest convention signing process, Deputy PM says

By
Kalino Latu
-

Tonga’s interim Deputy Prime Minister Siaosi Sovaleni has defended the signing of the Pacer Plus agreement in June.

He was responding to questions about whether the signing was illegal because it bypassed the king’s approval.

Hon. Sovaleni said the government followed the same process used to sign the Budapest Cybercrime convention before the king ratified it.

Tonga was the first Pacific country to join the Budapest Convention On Cybercrime Treaty in May.

Hon. Sovaleni said the government signed the convention followed by a public consultation before he submitted the agreement to the His Majesty for ratification.

He was speaking to a question at a press conference in Nuku’aofa yesterday whether the government had sought advice from its solicitors before signing the Pacer Plus treaty.

The question emerged after it was revealed the signing of the Pacer Plus treaty was one of the grievances the Speaker of Parliament, Lord Tu’ivakano, presented to His Majesty before a royal command was issued to dissolve the Legislative Assembly last week.

Lord Tu’ivakano claimed the government had tried to bypass the King by signing the trade agreement and the UN convention on women’s rights, CEDAW.

Hon. Sovaleni said signing and ratifying of any convention or treaty in Tonga were two different processes.

He said the power to sign any convention lay with the government, which then held public  consultations.

If the majority of the public accepted it than the government presented the agreement to the king to ratify it. If the king did not want to sign it, that was the end of it.

He said the Pacer Plus signing followed the same pattern. The government had signed it and it was awaiting the consultation process.

Once the consultation process was completed, the government would present it to the king to ratify.

However, Acting Attorney General ‘Aminiasi Kefu has been quoted by local media as saying the Tonga government’s signing of the Pacer Plus Trade Agreement was not valid because it was not presented to the King for approval.

Kaniva News contacted Hon. Kefu this afternoon and asked him why the Budapest Cybercrime Convention Treaty was treated differently from the Pacer Plus agreement.

In his response Kefu said what he told media was just an opinion.

“As reported by Matangi Tonga, our view is that His Majesty must approve signing, accession and ratification of any treaty, convention or protocol”, he told Kaniva News.

However, the newspaper’s website said: “The Acting Attorney General, ‘Aminiasi Kefu told Matangi Tonga today that the government must adhere to a legal approval process when signing international treaties or agreements, which must ultimately be approved by the King.”

The main points

  • Tonga’s interim Deputy Prime Minister Siaosi Sovaleni has defended the signing of the Pacer Plus agreement in June.
  • He was responding to questions about whether the signing was illegal because it bypassed the king’s approval.
  • Sovaleni said the government followed the same process used to sign the Budapest Cybercrime convention before the king ratified it.
  • He said the government signed the convention followed by a public consultation before he submitted the agreement to the His Majesty for ratification.

For more information

Tonga becomes first Pacific island country to join Budapest convention

PACER-Plus trade deal signed in Tonga

Challenge to king’s action has no basis in law or Constitution, says acting AG

By
Philip Cass
-

Acting Attorney General and Director of Public Prosecutions ‘Aminiasi Kefu, said this morning any legal action taken against the dissolution of the Legislative Assembly would be dismissed by the courts.

The Acting Attorney General was responding to an article in Kaniva News which quoted former Government Chief Executive Officer for Internal Affairs Mr. Lopeti Senituli urging the current Government to take legal action against King Tupou VI’s decision to dissolve the Legislative Assembly.

Mr. Senituli said the Government should apply to the Court for an injunction against the dissolution and for a review of the king’s actions.

Hon. Kefu said there was no provision in the Constitution or laws of Tonga to support Mr Senituli’s opinion.

He said His Majesty’s personal prerogative to dissolve parliament was not limited by the law.

The power to dissolve the Legislative Assembly under clauses 38 and 77(2) of the Constitution was a personal Royal prerogative that had no “parameters” prescribed by any law, unlike the personal Royal prerogative to appoint successors to hereditary titles and hereditary estates.

Accordingly, there was no basis for the Courts to analyse whether the decision taken by His Majesty the King to dissolve the Legislative Assembly had exceeded any legal parameters prescribed by the law.

“The wording of clauses 38 and 77(2) of the Constitution puts this principle beyond doubt,” Hon. Kefu said.

“Clause 38 provides that the King may dissolve the Legislative Assembly at his pleasure and command that new representatives of the nobles and people be elected to enter the Assembly.”

Clause 77(2) also provided that “it shall be lawful for the King, at his pleasure, to dissolve the Legislative Assembly at any time and command that new elections be held.”

The Acting Attorney General said Mr Senituli had based his opinion on the Land Court case of Tupou Tongaliuaki Filo’auola Aleamotu’a v Fielakepa, [2015] Tonga LR 556 (Scott LCJ).

However, Hon. Kefu said that in the case relied upon by Mr Senituli, the court had ruled that the king could not be made a defendant to the case because the Courts had no jurisdiction over him.

Legal reasoning

Hon. Kefu then went into lengthy detail explaining the court’s reasoning for its finding.

“A distinction must… be drawn between the exercise by His Majesty of unfettered royal prerogatives retained by him under the Constitution, such as the power to confer titles (Clause 44) and the exercise by him either upon the advice of a body or person, of the powers specified in the relevant statute (e.g. Clause 50A(1) or Clause 50B).

“In Tu’ipulotu v Kingdom of Tonga [ [1997] Tonga LR 258] Hampton CJ held that in Tonga, as in England, the King in person (subject only to Clause 49) is immune from all actions at law whether civil or criminal: ‘No proceedings are maintainable against the King in person. The Courts are the King’s court and the Courts have no jurisdiction over him.’

“While the decision relates to Judicial review proceedings in the Supreme Court…the principle is equally applicable to the Land Court.

“In paragraph 27 it added that:

“ Most of the previous cases dealing with the issue of contested hereditary titles may be found in Volume II, Tonga Law Reports.[…] In none of them, so far as can be seen from the report, was the Sovereign joined as a party. …The matters now before this Court for decision may be satisfactorily and comprehensively be dealt with without the need for any second defendant or third party to be joined.

“A Land Court case dealt with a personal Royal prerogative that is limited by the law: appointment of successors to hereditary titles and hereditary estates,” Hon Kefu said.

He said the Land Court case dealt with different laws to the laws that applied in the dissolution of the Legislative Assembly.

“The Land Court stated in this case that the power to appoint successors to hereditary titles and hereditary estates is a personal Royal prerogative, and the Courts cannot direct His Majesty the King on making such appointments,” the Acting Attorney general said.

“However, the Courts can review the exercise of this particular power because of the procedures prescribed by law under sections 38(1) and 40(1) of the Land Act, and the rules of succession prescribed by clause 111 of the Constitution. The Land Court stated this by saying that:

‘…the powers and duties given to the King by Sections 40(1) and 38(1) [of the Land Act] are personal and not subject to direction by the Court. It follows that there is no basis for the King to be joined as a party when breaches of these sections are alleged.

‘To say however that decisions made by the King pursuant to sections 40(1) [and] 38(1) are not subject to order is not to say that they are not justiciable at all. The Court retains the right and indeed the duty to analyse the actions taken and, when it is of the view that the parameters within which the royal prerogative must be exercised have been exceeded it may, in its discretion, declare that to be the case.’

Hon. Kefu said the Privy Council had confirmed that Land Court case dealt with a personal Royal prerogative limited by the law

“The limitation by the law of the personal Royal prerogative to appoint successors to hereditary titles and hereditary estates was confirmed by the Privy Council in the appeal from this Land Court case,” he said. The Privy Council stated as follows:

‘ Relevant to the interpretation to be given Clauses 104, 111 and 112 of the Constitution is HM King George Tupou I’s address to parliament in 1875 as quoted by our distinguished predecessors in Tu’ipulotu v Hon Niukapu (supra) at 83:

I have made up my mind absolutely not to alter names or nominate chiefs so that the estate shall go with the title and the succession shall be from father to son forever. The Law of Succession is stated in the Constitution, and such succession shall be by blood relationship only …. Should there be any dispute it shall be tried by Justices of the Court in accordance with the usage of civilised Governments. You Chiefs of Tonga all of you who have titles estates when the Constitution came into force: I affirm to you the right of yourself and your children by marriage to hold and possess your titles and estates forever, as stated in the Constitution.

‘His Majesty [King George Tupou I] clearly contemplated that succession to the noble titles he had created to reinforce his reign and the unity and wellbeing of the Kingdom would henceforth devolve according to law and not by royal pleasure.’

“The Attorney General’s Office therefore wishes to confirm that it is of the view, that the decision by His Majesty the King to dissolve the Legislative Assembly under clauses 38 and 77(2) of the Constitution was an exercise of a personal Royal prerogative that is not limited by the Constitution or the laws of Tonga, and therefore such decision cannot be reviewed by the Courts.”

The main points

  • Acting Attorney General and Director of Public Prosecutions ‘Aminiasi Kefu, said this morning any legal action taken against the dissolution of the Legislative Assembly would be dismissed by the courts.
  • He was responding to an article in Kaniva News which quoted former Government Chief Executive Officer for Internal Affairs Mr. Lopeti Senituli urging the current Government to take legal action against King Tupou VI’s decision to dissolve the Legislative Assembly.
  • Kefu said there was no provision in the Constitution or laws of Tonga to support Mr Senituli’s opinion.
  • He said His Majesty’s personal prerogative to dissolve parliament was not limited by the law.

For more information 

Former gov’t political adviser urges Pōhiva to launch legal challenge against King’s decision to dissolve Parliament

Agreement on direct Samoan flights could be only a week away

By
Philip Cass
-

Real Tonga could sign an agreement for new flights between the kingdom and Samoa as early as next week.

There has been no direct air service between Tonga and Samoa for a decade.

Real Tonga’s CEO, Tevita Palu, said the date would depend on how soon approval for the flights was approved.

Negotiations have been underway with Samoan airline authorities over a shared twice weekly service.

Palu said he was looking forward to providing an alternative route to and from Samoa and improving relationships with the Samoan Government.

As Kaniva News reported in July, the suggested cost of tickets on the proposed route was less than TP$874.

There are many Tongans in Samoa and Samons in Tonga, but at the moment they have to take a long and expensive route home via Fiji or New Zealand.

The Samoan Observer  said the proposed service would fly between Fagalii in Samoa and Vava’u in Tonga.

Polynesian Airlines General Manager Seiuli Alvin Tuala told the Observer that Talofa Airways would serve the direct connection between Fagalii and the kingdom with flights on Tuesdays and Saturdays.

The Samoa-Tonga link come in the lead-up to the launch of the country’s national carrier, Samoa Airways, in November.

Tuala predicted that  Samoa Airways and Samoa would be used as a transit point by other Island nations for travel to New Zealand and Australia.

The main points

  • Real Tonga could sign an agreement for new flights between the kingdom and Samoa as early as next week.
  • There has been no direct air service between Tonga and Samoa for a decade.
  • Negotiations have been underway with Samoan airline authorities over a shared twice weekly service.
  • As Kaniva News reported in July, the suggested cost of tickets on the proposed route was less than TP$874.

For more information

Tonga-Samoa ties re-established 

Regional service to Samoa could be reality by August says Real Tonga CEO

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