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Kingdom’s snap election affects overseas Tongan potential candidates

By
Kalino Latu
-

Tonga’s early general election has affected some of the Tongan citizens living overseas who had planned to run for Parliament in 2018.

The election date had been changed and Tongan voters will now go to the polls in two months time.

Tonga’s electoral laws required all potential candidates who wish to register to be in Tonga on a certain period of time before the election begins.

This is what the law says:  “Provided that a person resident outside of Tonga who is qualified to be an elector will qualify as a candidate only if he is present in Tonga for a period of 3 months before the election.”

Auckland-based business man Vaʻa Taliaʻuli said he was planning to stand for Tongatapu 3 electorate in the 2018 general election.

He said he cannot now fulfil his dream because the election date had been changed and he could not qualify.

He said he has other commitments for his businesses and family.

Taliaʻuli, who owned the Velata Restaurant and Catering centre in South Auckland said the unexpected election meant he did not have enough time to prepare.

King Tupou VI has stunned the Tongan political world by calling for an early general election to be held before November 16, seeking new Members of Parliament to run the country.

Acting Attorney General ʻAminiasi Kefu said the upcoming election was a general election and the new elected representatives will become Members of Parliament for the next four years after the election.

When asked if his Office could consider the situation and do something to allow the potential candidates who were not in Tonga before the election to be able to register Kefu said that was impossible.

He said the Legislative Assembly was the only body that can change the law but it has been dissolved.

Tongan woman admits guilt to providing illegal immigration advice in Pacific community

By
Kaniva Staff
-

An Auckland woman of Tongan nationality has pleaded guilty to 14 charges laid by the Immigration Advisers Authority (IAA) for illegally providing New Zealand immigration advice.

Maria ‘Ilaisaane Valu-Pome’e appeared in the Waitakere District Court yesterday following a thorough investigation by the IAA into her history of providing New Zealand immigration advice in the Pacific community.

Registrar of the IAA Catherine Albiston says Mrs Valu-Pome’e, who previously held a practising certificate with the New Zealand Law Society, continued to provide immigration advice after it expired.

“People giving New Zealand immigration advice must be licensed by the Immigration Advisers Authority or be exempt. We have no tolerance for those who act outside the law,” says Ms Albiston.

“This case serves a further reminder to people in our Pacific communities to check that their immigration adviser is licensed or exempt.”

Mrs Valu-Pome’e pleaded guilty to three charges of providing immigration advice without a licence or exempt status while knowing she was required to be licensed; three charges of advertising herself as legally able to provide immigration advice; and four charges of receiving fees for providing immigration advice.

In addition to these charges, Mrs Valu-Pome’e also pleaded guilty to two charges of dishonestly using a document, one charge of using a forged document, and a representative charge for multiple instances of using forged documents under the Crimes Act 1961.

“The IAA was set up to promote the interests of people receiving New Zealand immigration advice and looks into all complaints,” adds Ms Albiston.

“Anyone can talk to the IAA about their experience without their immigration status being affected.”

Mrs. Valu-Pome’e will appear in the Waitakere District Court on 22 November 2017 for sentencing.

Heart surgery equipment for scheduled training in Tonga stolen

By
Kaniva Staff
-

An important training session in Tonga scheduled to be held this morning in Tongatapu was affected after equipment was stolen, reports said.

Two Australian heart experts had their hotel room burgled in Nuku’alofa last night and instruments brought to assist with training of local heart surgeons and nurses were taken, Radio Tonga Broadcom report says.

The details of the instruments and the way how they were stolen remained unknown.

It is understood a complaint had been launched with Police.

No arrests have been made.

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

By
Kalino Latu
-

The government of ‘Akilisi Pōhiva has been urged to take legal actions against the king’s order to dissolve the Parliament, with a former Political adviser to government saying he disagreed with the  Acting Attorney General’s claim the royal command could not be challenged in court.

Lōpeti Senituli, who was also a former government CEO, was responding to request from Kaniva News this morning regarding a post he made on Facebook last night saying “If I had a say in matters I would advise the Hon Prime Minister to seek an immediate injunction and the judicial review of His Majesty’s proclamation.  God Bless Tonga!”

The rest of his response is published verbatim below:

“I stand by my opinion that the Hon Prime Minister and Cabinet should apply to the Supreme Court for an immediate injunction on the dissolution of the Legislative  Assembly and for a judicial review of His Majesty’s proclamation to ensure that it is constitutional.

I say that with the greatest of respect to the Acting Attorney General and his opinion that His Majesty had exercised his Persona Royal Prerogative which he says is beyond judicial scrutiny.

I disagree with the Acting Attorney General. The basis of my disagreement is the decision of the Supreme Court in 2016, (which was later endorsed on appeal by the Privy Council in 2016) relating to His Majesty’s decision to appoint the current Chief of Defence Staff of His Majesty’s Armed Forces to the Hereditary Noble title of Lord Fielakepa.

The Supreme Court declared His Majesty’s appointment as null and void. Part of their reasoning was that although it was His Majesty’s Personal Royal Prerogative to appoint Nobles of the Realm, he still had to make those appointments according to the law (the Land Act) and the Constitution.

So I agree that His Majesty in dissolving the Legislative Assembly was using his Personal Royal Prerogative, and is not required by the Constitution or any law to disclose reasons. However it is my opinion, His Majesty must use that Personal Royal Prerogative according to the letter and the spirit of the constitution and laws of the land.

The Legislative Assembly is the highest democratic mechanism in the Kingdom of Tonga and the current structure was adopted after the reforms in 2010 with the full approval of His Majesty’s predecessor.

The functioning of the Legislative Assembly therefore should only be disturbed or interfered with in extreme circumstances where the sovereignty and integrity of the country as an independent nation state is being threatened.

I do not regard the 8 reasons that the Hon Speaker had released as good enough to warrant the dissolution of the Legislative Assembly. They do not amount to a threat to the nation’s sovereignty and integrity as an independent state

I classify the Hon Speaker’s 8 reasons into two groups. The first group I have classified as:

  1. Alleged Threats to His Majesty’s Royal Prerogatives.
  • The draft Bill to review or amend clause 41 of the Constitution which grants His Majesty’s authority to assent to all legislation adopted by the Legislative Assembly before they become law.
  • The government’s earlier plans to sign and ratify CEDAW thereby bypassing His Majesty’s authority under clause 39 to make treaties and sign conventions on behalf of the country
  • The government’s earlier signing of the PACER Plus agreement which is a regional convention without prior authorisation by His Majesty in accordance with clause 39.
  • The draft Bill to amend the Constitution to remove His Majesty’s authority (clause 31A) to appoint the Attorney General and to appoint the Police Commissioner (under the Police Act) and transfer these powers to the Prime Minister and Cabinet.

In my view the draft Bills that the Hon Speaker referred to should be allowed to be tabled and discussed by the Legislative Assembly and if necessary the Legislative Assembly should conduct public and community meetings to discuss these proposals so that the whole country can express an opinion on it.

Dissolving the Legislative Assembly because of the fear of these alleged threats to His Majesty’s Prerogative is an extreme knee-jerk reaction of people who are afraid of the democratic process! We should let the people hear and express their opinion on these proposals through their elected representatives in the Legislative Assembly as well as in public meetings on these proposals.

In respect of CEDAW and PACER Plus, Hon Prime Minister Pohiva and Cabinet acted in accordance with legal advice it was given by legally qualified people in government. (I know this because I was responsible for the CEDAW initiative.)

If that advice clashed with advice given by His Majesty than that can be resolved by going to court for a declaration as to which advice is correct. It does not warrant dissolving the Legislative Assembly.

The second group of reasons I have classified as:

  1. Mismanagement by Hon Prime Minister and Cabinet.
  • Lying to the Legislative Assembly that Hon Etuate Lavulavu would be punished and not delivering on it.
  • Misleading the Leg Ass on the Pacific Games 2019 and continuing to collect the foreign exchange levy though hosting the Games had been cancelled.
  • Raising their own salaries in response to a tax increase whilst the rest of the country carry the extra tax burden.
  • Petitions of impeachment not worth of the Legislative Assembly’s time and resources.

This second group of reasons I regard as specious. These could have been dealt with by The Hon Speaker as he has considerable powers under the Rules of Procedure of the Legislative Assembly and under the Constitution (clause 70) to punish members who behave in contempt of the Legislative Assembly.

They certainly do not warrant the dissolution of the Legislative Assembly!”

Speaker Lord Tuʻivakanō finally speaks out after king dissolved Parliament

By
Kalino Latu
-

The Speaker of Tonga’s Legislative Assembly broke his silence Monday and delivered a statement on air detailing what advice he offered the king before His Majesty dissolved the Parliament.

As Kaniva News reported, the surprise dissolution on Thursday 24 followed an approach by the Speaker Lord Tu’ivakanō 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.

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

Kefu said when the king proclaimed such royal command he was not required, according to the constitution, to explain it.

The royal command left the public in a state of limbo with many wanting to know why the king made such a surprising decision.

However, it is understood the Speaker went public with the grievances he presented to the king on TBC.

Former Political advisor and government CEO Lōpeti Senituli has posted the Speaker’s grievances in English on Facebook.

The Lord Speaker said he was concerned “that a bill had been submitted to the Office of the Speaker that seeks to amend the Constitution so as to revoke His Majesty’s right of assent to legislation approved by the Legislative Assembly before it could become law.

“That the intent of the Bill is in keeping with the Cabinet’s earlier plans to bypass His Majesty’s prerogative to sign treaties and conventions entrenched in clause 39 of the Constitution when they tried to sign and ratify CEDAW without His Majesty’ prior approval.

“That Cabinet had also become party to PACER Plus without His Majesty’s prior approval.

“That another Bill had also been submitted to the Office of the Speaker that seeks to amend the Constitution so as to remove His Majesty in Privy Council’s right to appoint crucial positions such as the Police Commissioner and the Attorney General.

“That Hon Prime Minister Pōhiva had intervened and prevented the Legislative Assembly from sanctioning former Cabinet Minister Etuate Lavulavu for abuse of office on the understanding that he would punish him instead. It later became apparent that he did not punish Lavulavu as promised.

“That several petitions have been submitted to the Office of the Speaker that seeks to impeach various members of the Legislative Assembly and the Speaker feels spending time on these petitions would be a waste of time and resources.

“That Cabinet had deliberately misled the Legislative Assembly regarding the hosting of the Pacific Games in 2019 and after the legislation was passed authorising the collection of the foreign exchange levy tax in order to fund it, Cabinet cancelled the hosting of the Games and yet they continued to collect this tax.

“That Cabinet had recently approved a 5% salary increase for all Ministers in response to a recent increase in income tax, yet the tax increase applies to the whole country especially all the civil servants and people in private enterprises”.

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.

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