With just three weeks to go before Tongans head to the polls, the debate over election issues is heating up.

Under the spotlight are the role of the palace in the country’s democratic process and calls for voting rights for overseas-based Tongans. The state of the economy and access to health care are also being examined.

Tongan political scientist Dr Malakai Koloamatangi said for many Tongans, bread-and-butter election issues remained important.

“People are just wanting to get on with life, and they want the best conditions . . .  for them to get a job, put their kids through school, a roof over their heads, vehicles and to meet their obligations around social [and] cultural [customs].”

Dr Koloamatangi, who is the registrar at the Tonga National University, believed voters wanted to see policies that addressed increasing living costs and fuel shortages, which have caused significant disruptions to daily life.

“We’re not seeing abject poverty in Tonga but things like wages need to be raised in order to meet the rising cost of the standard of living.

“And we’re still having issues with petrol and oil not arriving on time. So big queues at the gas stations and so on.”

Scrutiny over palace role
A former political adviser, Lopeti Senituli, said the role of the palace and its noble representatives in Parliament was under increasing scrutiny.

The Tonga Parliament is made up of noble and people’s representatives. On polling day, regular voters cast ballots to elect 17 people’s representatives to Parliament, while the kingdom’s nobles vote for nine noble representatives.

Senituli said King Tupou IV’s displeasure over the behaviour of previous noble representatives to Parliament was well known.

“Some of them have not performed like a noble, have not acted like a noble. Some of them, for example, have been investigated for being involved in drug smuggling from America,” he said.

He said candidates would be acutely aware of the power dynamic between the palace and Parliament, particularly since former Prime Minister Hu’akavameiliku Siaosi Sovaleni resigned in December last year ahead of a vote-of-no confidence.

Hu’akavameiliku reportedly clashed with King Tupou VI over key ministerial portfolios that were traditionally held by the monarchy.

“The King is, to put it mildly, not happy with the noble representatives in cabinet in previous governments. And of course, he was not happy with the previous prime minister.”

Top job not guaranteed
Senituli said, while Hu’akavameiliku’s successor, incumbent Prime Minister Dr ‘Aisake Eke enjoyed the support of the king, he was not guaranteed the top job again.

“Winning his actual electoral electorate is guaranteed in my view, but whether or not he can pull together a cabinet made up of 12 supporters from the nine members of nobility and 16 people’s reps is another matter.”

Both Senituli and Dr Koloamatangi believe the provision in Tonga’s Constitution, which states the Prime Minister can nominate up to four cabinet ministers who were not elected representatives, added another layer of complexity to Tonga’s governing processes.

Crown Prince Tupoutoʻa ʻUlukalala was appointed to his cabinet position in Dr Eke’s government through this mechanism. He holds both the foreign affairs and defence force portfolios.

Senituli believed that overlap in power between the palace and executive needed to be addressed as Tonga worked towards becoming a mature democracy.

However, Dr Koloamatangi disagreed, saying it was a long-standing tradition for future monarchs to hold cabinet positions.

“Most of the kings of Tonga, the monarchs, were trained in that way,” Dr Koloamatangi said.

‘Good training ground’
“While their fathers were still on the throne, they were given the responsibilities in government. So I think it’s a good training ground for the Crown Prince.”

Meanwhile, overseas-based Tongans are also keeping tabs on developments, with many calling for voting rights in their home nation. Under current rules, only those who live in Tonga are eligible to vote.

Kennedy Fakanaanaaki-Fualu, secretary for the Auckland Tongan Community organisation, said members of the diaspora like him contributed significantly to Tonga.

“If it wasn’t for the remittances [sent from overseas-based Tongans], Tonga would be in deep, deep trouble,” he said.

“We should be given the right to vote, especially if you’re a Tongan citizen.”

Tonga’s polling day is set for November 20.

About 65,000 people will be eligible to vote. Those casting ballots must do it in person, with no provisions for overseas or absentee voting.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

The involvement in Tonga’s government by King Tupou VI is a return to the “dark ages” for the kingdom, a long time journalist, author and advocate campaigning for democracy.

The King last month withdrew his support for the ministers holding two portfolios.

Tonga’s Prime Minister Hu’akavameiliku Siaosi Sovaleni has reportedly stepped down from his defence portfolio, with Foreign Affairs Minister Fekita ‘Utoikamanu reportedly doing the same.

Sources in Nuku’alofa have told RNZ Pacific the decision to resign comes following a meeting between Hu’akavameiliku and a cabinet team held with King Tupou VI earlier this month.

Democracy advocate and journalist Kalafi Moala, who is editor of Talanoa ‘o Tonga and the RNZ Pacific correspondent, said the King’s decision to withdraw support is a retrograde step.

“The reform in 2010 was that he [the King] would get out of trying to run the government or to appoint government,” he said.

‘Very bad move’
“And with this King, to me, this is a very, very bad move, and there is a lot of public unhappiness about it.”

Hu’akavameiliku has reportedly sent a proposal to the King, recommending that Crown Prince Tupouto’a ‘Ulukalala, a senior official at the Ministry of Foreign Affairs, be appointed Minister of Defence and Foreign Affairs.

An official announcement is expected to be made after a Privy Council meeting that will be chaired by the King on Thursday.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Tonga’s Prime Minister Siaosi Sovaleni Hu’akavameiliku has resigned as Minister of Defence in order to appease King upou VI, says a senior government official.

The Tongan Independent reports that the Prime Minister and Foreign Affairs Minister ‘Utoikamanu had resigned from their portfolios.

Senior sources within the Tongan government have told Kaniva News they believed reports that the Prime Minister has resigned.

Kaniva News has contacted Prime Minister and Chief Secretary for confirmation of the report and was waiting for a response.

The Independent has adopted a strongly anti-Sovaleni tone, criticising the government’s involvement in Lulutai Airlines, claiming he was too ill to serve and that he and Utoikamanu were trying to usurp King Tupou VI’s authority.

It is understood that the Prime Minister had flown to Niuafo’ou to meet His Majesty

Relations between the Prime Minister and the throne have been tense since the king issued a memo saying he no longer supported Prime Minister Hu’akavameiliku as the Minister for His Majesty’s Armed Forces and Hon Fekitamoeloa Katoa ‘Utoikamanu as the Minister for Foreign Affairs and Minister for Tourism.

King’s memo ignored
The Prime Minister ignored the King’s memo.

As we reported earlier, the nobles responded by demanding that the Prime Minister and Hon Utoikamanu resign immediately in order to assuage King Tupou VI’s disappointment.

The nobles circulated a letter which described the Prime Minister’s refusal to accept the King’s show of power as “very concerning” and “intimidating the peace” of the country.

“We are the king’s cultural preservers (‘aofivala). Therefore, we propose that you and your government respect the King’s desire,” the letter read in Tongan.

“The king has withdrawn his confidence and consent from you as Defence Minister as well as the Minister of Foreign Affairs and Tourism Fekitamoeloa ‘Utoikamanu.

“We urge you to resign immediately from the Ministry of Defence as well as Fekitamoeloa ‘Utoikamanu to resign from the Ministry of Foreign Affairs and Tourism”.

This is not the first time the King has directly interfered in the workings of a democratically elected government.

Heavily influenced
The King is said to have been heavily influenced by some of his Privy Councillors, including Lord Tu’aivakanō, who advised him to dissolve the government of the late ‘Akilisi Pohiva in 2017.

Lord Tu’aivakanō justified his behaviour by claiming that Hon Pohiva’s government wanted to remove the Privy Council’s role in appointing positions like the Police Commissioner and Attorney-General.

As we wrote at the time: “Lord Tu’ivakano said it was clear the government was trying to wear away the powers of the King and Privy Council, which he could not abide.”

Pohiva’s government was re-elected.

Lord Tu’aivakanō is said to have signed the noble’s letter criticising the Prime Minister.

Asia Pacific Report collaborates with Kaniva Tonga. Republished with permission.,

Article by AsiaPacificReport.nz

EDITORIAL: By Kalino Latu, editor of Kaniva Tonga

Tonga’s nobles have demanded the Prime Minister and his Minister of Foreign Affairs resign immediately in order to assuage King Tupou VI’s disappointment with their ministerial roles.

The letter, which was purportedly signed by Lord Tu’ivakanō, described Prime Minister Hu’akavameiliku’s refusal to accept the King’s show of power as very concerning and intimidating the peace of the country.

“We are the king’s cultural preservers (‘aofivala). Therefore, we propose that you and your government respect the king’s desire,” the letter read in Tongan.

“The king has withdrawn his confidence and consent from you as Defence Minister as well as the Minister of Foreign Affairs and Tourism Fekitamoeloa ‘Utoikamanu.

“We urge you to resign immediately from the Ministry of Defence as well as Fekitamoeloa ‘Utoikamanu to resign from the Ministry of Foreign Affairs and Tourism”.

The letter demanded a response from the Prime Minister no later than February 27.

The letter came after the King said earlier this month in a memo that he no longer supported Prime Minister Hu’akavameiliku as the Minister for His Majesty’s Armed Forces and Hon. Fekitamoeloa Katoa ‘Utoikamanu as the Minister for Foreign Affairs and Minister for Tourism.

PM still confident
Responding, the government said the Prime Minister was still confident in the Minister of Foreign Affairs and that the King’s wish clashed with the Constitution.

While the King’s nobles are free to express their opinion on the issue, some people may think that the lack of references to the Constitution to support their argument in their letter was more provoking and inciting than what they allege Prime Minister Hu’akavameiliku has done.

This is because the Prime Minister said he was responding according to what the related clause in the Constitution said about His Majesty’s concerns. It is the Constitution which ensures that those who make decisions are making them on behalf of the public and will be held accountable to the people they serve.

Some people may see that the nobility’s departure from the constitution and citing the Tongan practice of faka’apa’apa’i e finangalo ‘o e tu’i (respecting the King’s wish) means the nobles are urging us to dump Tonga’s Constitution and live by the law of the jungle in which those who are strong and apply ruthless self-interest are most successful.

Our Tongan tradition of faka’apa’apa (respect the King no matter what) has no clear system of rules, limits and boundaries for us to follow, which leaves the door open for the powerful to practice immorality and unlawful activities.

Since the King’s memo was leaked to the public, some have argued that it was explicitly unconstitutional. There is nothing in the Constitution to say that the King has to show that he gives his consent or has confidence in a ministerial nominee proposed by the Prime Minister before he appoints them.

However, some argued that there was nothing wrong with the King expressing his wish as he did to the Prime Minister and the Minister of Foreign Affairs. The problem with this kind of attitude is that it urges the King to publicly show his disagreement with the Constitution whenever he wants.

Breaching royal oath?
The King could be seen in such a situation to be breaching his royal oath which, according to the Constitution, clause 34, says: “I solemnly swear before Almighty God to keep in its integrity the Constitution of Tonga and to govern in conformity with the laws thereof.”

The word “integrity” included in the Constitution is worth mentioning here.

It is defined by the Oxford Dictionary as: “The quality of being honest and having strong moral principles that you refuse to change”.

Some people may believe that for the King to have integrity in the constitution, he must have a strong sense of judgment and trust in his own accord.

To keep the Constitution honest the King must desist from saying things to the public which are not written in the Constitution and may cause concern and confusion.

The best example was his memo. It has caused a stir among the public but what was most concerning is that no one knows what was the reason behind the King’s withdrawal of his consent and confidence in the Prime Minister and his Minister of Foreign Affairs.

We have previously seen His Majesty make several wrong decisions which are said to have been influenced by his Privy Councillors or his nobility members, including Lord Tu’aivakanō’s abortive advice to dissolve the government in 2017.

Do the right thing
The nobility must do the right thing and advise the King according to the Constitution and not our old fashioned cultural practices.

It was the Tu’ivakano government which hired Commonwealth Legal Consultant Peter Pursgloves to review our 2010 constitution, which he said was the “poorest written Constitution” among all Commonwealth countries.

The Tu’ivakanō government vowed to follow Pursglove’s report and made significant changes to the Constitution which was said to have been agreed by the King in 2014.

When the ‘Akilisi Pohiva government ousted the Tu’ivakanō government in late 2014 they processed the Pursglove report and submitted it to Parliament through six new bills to be approved. However, it was the same people in the Tu’ivakanō government who strongly opposed the submission from the Opposition bench. They went further and falsely accused Pōhiva of secretly trying to remove some of the King’s powers.

Critics argued that this was because of the nobility’s long-time hatred against Pōhiva because of his tireless campaign to remove the executive power of the King and give it to a democratic government.

The nobles later apologised and withdrew their accusation against Pōhiva in the House after months of debates and public consultations. They finally said they wanted to support the submission after Pōhiva revealed in the House his government  has lodged an application for a judicial review of the decision made by Lord Tu’ilakepa to block the new bills.

That submission has yet to be approved by the House and the nobility has a duty to push for it to be approved. This would bring Tonga a more democratic system that would help keep the King and the government at peace.

The nobles must refrain from using cultural practices to resolve our constitutional issues as that would send us back to the dark ages.

This editorial was published by Kaniva Tonga on February 29 and is published by Asia Pacific Report with permission.

Article by AsiaPacificReport.nz

Just days after the appointment of Dr Siale ‘Akau’ola as Tonga’s new Minister of Health, King Tupou VI has withdrawn his consent for two other Cabinet appointments.

An undated memo from the Lord Privy Seal, Viliami Malolo, to Chief Secretary of the Cabinet Paula Ma’u seen by Kaniva News details the king’s refusal to accept the appointments.

“His Majety was pleased by and with the advice of his Privy Council to withdraw His confidence and consent to the appointment of the Hon. Hu’akavameliku as Minister or His Majesty’s Armed Forces,” the royal memo said.

The memo said the king was also withdrawing consent for the appointment of the Hon. Fekitamoeloa Katoa ‘Utoikamanu as Minister for Foreign Affairs and Minister for Tourism.

Several Cabinet appointments have yet to be ratified by the king.

Last year Prime Minister Hu’akavameliku said he had nominated a new Minister to replace former Minister of Fisheries Semisi Fakahau. That nomination has yet to be ratified by the king.

Reports at the time suggested the Prime Minister had also nominated a replacement for the Minister of Police.

The government is remaining tight-lipped about the King’s action.

Kaniva News has asked the Chief Secretary and Prime Minister whether they have received the King’s memo.

‘Repeatedly refused answers’
In an interview with Broadcom Broadcasting, Deputy Prime Minister Samiu Vaipulu did not deny the existence of the memo. However, he repeatedly refused to answer questions about the King’s withdrawal of his consent to the appointments.

He said Cabinet was working on a response and would release a statement later.

Hon. Vaipulu said the Prime Minister was currently overseas.

The PM’s nomination of a new Minister of Fisheries has yet to be appointed.

The King can only revoke a Minister’s appointment if he has been advised by the Prime Minister according to Clause 51 of the Constitution.

Kaniva comments: Hon. Fekita Utoikamanu was appointed from outside Cabinet. It is unclear how she would be affected by the King’s decision. There appears to be no clause in the Constitution allowing His Majesty to withdraw his appointment of any minister after their appointment.

The question is whether Hon. Utoikamanu would remain as Minister despite the king’s withdrawal of his approval.

The fact that the King withdrew his consent following the advice of the Privy Council will also re-awaken concerns raised as far back as 2017 about the role of the king’s counsellors.

The then Justice Minister Vuna Fā’otusia said decisions made by Parliament were sometimes vetoed by His Majesty because of advice from the Privy Council.

He said the members of the council were not chosen by the people.

It is about a decade since lawyer Peter Pursglove said that Tonga’s 2010 Constitution was the poorest among all Commonwealth countries. He made suggestions to improve it, but progress had been stalled.

Pursglove expressed concern about the role and the establishment of the Privy Council.

Republished in partnership with Kaniva Tonga.

Article by AsiaPacificReport.nz

King Tupou VI has offered sympathy and prayers to all those who lost relatives in last weekend’s Tongan volcano eruption and tsunami disaster or are still waiting for news about their families.

He said the whole of Tonga was devastated by the tsunami and it wiped out some of the islands, homes, plantations and possessions.

His Majesty’s first speech to address the nation following last week’s volcanic eruption has been delivered in Tongan in a video clip which was shared on Facebook last night as New Zealand and international aid programmes have stepped up.

The tsunami on Saturday killed three people and injured many. Waves of up to 15 metres flattened houses and caused extensive damage to Tongatapu’s western district.

It wiped out the islands of Mango, Fonoifua and ‘Atatā.

The king mentioned some biblical texts in his attempt to encourage his people to stand together to rebuild the nation.

“Let’s start with Jehovah as Jehovah is our refuge”, the king said referring to Psalm 91 of the Bible.

Facing new challenges
He said he could not say whether the natural disaster’s damage itself was less than the damage it caused to the environment and the evacuation of the people “as there was supreme over all in nature”.

“But it is astonishing, and I am grateful that the death toll was at a minimum,” the king said.

“While we feel and sympathise with immediate families and relatives of the deceased, we have been facing new challenges,” the king said.

He said the Armed Forces’ boats which transported people from the islands were affected by the pumice stones from the volcanic eruptions.

He said the people of ‘Eua valued their wharf more than their airport. And that was because that was what they mostly used for transportation and trade.

Standing together
“In times of trouble, people stand together so they could withstand the consequences,” the king said.

“It is not who have much money or assistance from overseas but the will of the people

“It is the determination to live on top of believing in God and show love, helping each other, have patience and be self-possessed”.

“In the aftermath of the disaster, we have to all stand up and work,” he said.

“It is our nation and the place where we grew up and it is only you and me who would treasure that”.

The king congratulated people from other countries and various partnerships, churches and businesses for helping Tonga.

Aid is coming from Australia, New Zealand, Japan and the United States. New Zealand’s Defence Force continues to coordinate with its partners.

New Zealand aid stepped up
HMNZS Aotearoa berthed today at Nuku’alofa port following successful wharf and harbour inspections conducted by Navy divers and hydrographers on board HMNZS Wellington.

Hydrographers were deployed to survey approaches to Nuku’alofa after the Wellington’s arrival, with Navy divers also conducting checks on the integrity of wharf infrastructure.

Once Aotearoa arrived, Humanitarian Aid and Disaster Relief (HADR) stores, including bulk water supplies, were being offloaded as a priority and will undergo appropriate covid-19 sanitation by Tongan authorities.

Aotearoa is also able to provide continuous water supply while it is berthed.

HMNZS Canterbury was due to depart Devonport Naval Base tonight and is expected to arrive in Tonga early next week.

Supplies on board Canterbury include water, tarpaulins and milk powder. Vehicles and several containers of construction equipment are also on board.

Another C130 Hercules flight is also set to depart Auckland on Saturday with more stores on board.

Asia Pacific Report collaborates with Kaniva News.

Article by AsiaPacificReport.nz

By Kalino Latu in Auckland

Tonga’s King Tupou VI is reportedly still on ‘Eua island despite reports yesterday that he had been evacuated to the royal villa at Mataki’eua in Tongatapu.

The latest information about his presence in ‘Eua came last night after terrifying footage was shot of a tsunami wave crashing into the gate of the Heilala Tangitangi royal palace in ‘Eua.

In the video, which was sent to Kaniva News, a man can be heard saying: “It’s now 5.54 pm”.

“There, you see the wave is on its way to ‘Ohonua’,” he said in Tongan.

“Hang on, I will run, otherwise the wave will catch me,” he said.

“Those of you who have already been to ‘Eua look at how the wave breaks on the Matapā Tapu [Taboo Gate of the royal palace].

“Look at it. The wave reached the Matapā Tapu”.

Waves broke electricity poles
The man was also heard in another video saying the waves had broken electricity poles, sunk boats and engulfed the ‘Ovava hotel.

He can also be heard in another video saying in Tongan that the only time he took notice of the wave was when the king told him to assist two vehicles trying to flee the scene.

“Two vehicles came out there and the king noticed they appeared hesitant to enter so he told me to run and wave to them to come through,” the man said.

‘Alisi Moa Paasi, who shared the videos with Kaniva News last night, said the person speaking in the videos was her father, Tēvita Fau’ese Moa.

She said Tēvita was His Majesty’s Armed Forces’ (HMAF) Superintendent in ‘Eua. He called her in Auckland on Facebook from the palace while the tsunami hit at about 6pm (Tongan time) on Saturday January 15, shortly before Tonga’s internet was knocked out by the eruption.

Kaniva News could not independently confirm the authenticity of the videos.

‘Alisi clarified what her father was talking about in the videos as the background sound of the tsunami heard in the clips she sent intermittently distracted what her father was saying.

‘Alisi said his father was talking about two vehicles who attempted to flee the wave before they realised their only way out was the Matapā Tapu.

While the drivers appeared hesitant to enter the gate, ‘Alisi claimed the king alerted his father to allow the vehicle to drive through.

She said once the vehicles entered safely, the tsunami wave crashed into the gate.

‘Alisi contacted Kaniva News
‘Alisi contacted Kaniva News after the news website reported yesterday that the king had been evacuated to his villa at Mataki’eua in Tongatapu.

‘Alisi denied this and said the king was still in ‘Eua. She said she confirmed this with her father.

She said it may be that it was the Queen who had been escorted to the villa.

The Kaniva News report had been based on information published by Fiji’s Island Business media on its official Facebook page yesterday.

The news item read:

“Tonga’s King Tupou VI has been evacuated from the Royal Palace after a tsunami flooded Nuku’alofa today.

“A convoy of police and troops rushed the King to the villa at Mataki’eua as residents headed for higher ground.

“Earlier, a series of explosions were heard as an undersea volcano erupted, throwing clouds of ash into the sky.

“The explosions were heard on Lakeba, Matuku and in Fiji’s capital, Suva, around 6pm”.

Islands Business report
The Islands Business Facebook administration was contacted for comment.

The news was picked up by New Zealand mainstream media, such as the New Zealand Herald and RNZ Pacific.

The ‘Eua news came after the underwater volcano at the two Hungas had erupted for eight minutes, throwing clouds of ash into the sky yesterday afternoon.

#Tonga #volcano #eruption and #tsunami – 120 evacuated in #NZ’s Far North | What next? #AsiaPacificReport #tsunamitonga #farnorth #eruptionexplained #HungaTongaHungaHaapai https://t.co/lEIlLy8pkX pic.twitter.com/Hw3jljIeSi

— David Robie (@DavidRobie) January 15, 2022

Waves flooded the capital Nuku’alofa, where video footage has shown water engulfing buildings.

“The eruptions have been heard as booms or ‘thumps’ across the Pacific, in Fiji, Niue, Vanuatu, and in New Zealand,” RNZ Pacific reported.

The West Coast of New Zealand’s South Island has been included in a warning about dangerous sea conditions as a result of the eruption.

The New Zealand Defence Force is currently monitoring the situation in Tonga, and said it was standing by to assist if asked to do so by the Tongan government.

Meanwhile, Shane Cronin of the University of Auckland wrote in an analysis article published by The Conversation: “Soon after the eruption started, the sky was blacked out on Tongatapu, with ash beginning to fall.

“All these signs suggest the large Hunga caldera has awoken. Tsunami are generated by coupled atmospheric and ocean shock waves during an explosion, but they are also readily caused by submarine landslides and caldera collapses”.

Kalino Latu is editor of Kaniva Tonga. Asia Pacific Report collaborates with Kaniva Tonga.

Article by AsiaPacificReport.nz

By Kalino Latu, editor of Kaniva News

The government of Prime Minister ‘Akilisi Pōhiva has planned an audience with the King of Tonga after a New Zealand legal expert advised that the king had no right to judge the merits of legislation passed by Parliament.

A government spokesperson said the plan was made after cabinet accepted the New Zealand lawyer Dr Rodney Harrison’s recommendations.

Pōhiva told Kaniva News in a recent interview that six Amendment Bills were submitted by the Tu’ivakanō government in 2014 and were passed by Parliament.

However, when submitted to King Tupou VI in Privy Council for his approval and signature he rejected the new laws.

These amendments included Acts of Constitution of Tonga (Amendment Bill) 2014, Judicial and Legal Service Commission 2014, Tonga Police (Amendement Bill) 2014, National Spatial Planning and Management (Amendment Bill) 2014, Magistrate Court Amendment Bill 2014 and Public Service Amendement Bill 2014.

Pōhiva said the Amendment Bills 2014 were submitted by the Tu’ivakanō government after the constitution was reviewed by a Commonwealth constitutional law expert, Peter Pursglove.

-Partners-

As Kaniva News reported, Pursglove said that Tonga’s 2010 constitution did not uphold democracy, the Privy Council lacked any democratic composition or accountability and the judiciary lacked accountability and transparency.

Amendment bills left
Pōhiva said when his government came to power in November 2014, the Tu’ivakanō government had left these amendement bills for them to complete working on them.

He said they pursued some of these bills, including some that concerned the assignment of the Attorney-General to the Privy Council, which Pursgrlove said was unconstitutional.

In a response to a request by the Prime Minister’s office for an opinion on the legality of the Royal Assent Order 2011, Dr Harrison said it appeared there was a misconception that the king had the “power to grant or refuse the Royal Assent conferred by Clause 56 of the Constitution”.

Dr Harrison recommended that the government try to get the king to alter his views on his powers by “reasoned persuasion”. Seeking a judicial ruling is also an option.

The government spokesperon said the Prime Minister wanted to talk to the king first as he wanted to make sure the constitution was correctly interpreted and followed through.

He said the Prime Minister believed the king would consider Dr Harrison’s advice favourably.

Vetoed by king
Minister of Justice Vuna Fa’otusia said many of the amendments to laws and the constitution passed by Parliament were vetoed by the king because of the Judicial Committee.

The Judicial Committee was comprised of some law lords and was chaired by Lord Dalgety of Scotland. The minister said if the committee did not agree with laws and amendments to the constitutions which were already passed by the Parliament the king would reject those laws.

Dr Harrison said the Law Lords played no specific constitutional role and they did not have any constitutional function or role as scrutineers of legislation or the legislative process.

Royal Assent 2011:
56 Power of Legislative Assembly

The King and the Legislative Assembly shall have power to enact laws, and the
representatives of the nobles and the representatives of the people shall sit as one
House. When the Legislative Assembly shall have agreed upon any Bill which has
been read and voted for by a majority three times it shall be presented to the King
for his sanction and after receiving his sanction and signature it shall become law
upon publication. Votes shall be given by raising the hand or by standing up in
division or by saying “Aye” or “No”

This article is republished by Asia Pacific Report with permission.

Article by AsiaPacificReport.nz

By Philip Cass of Kaniva News

The King of Tonga has no right to judge the merits of legislation passed by Parliament, according to a New Zealand constitutional legal expert.

Dr Rodney Harrison said that under the 2010 Constitution, review and evaluation of the merits of legislation passed by the General Assembly did not fall within the scope of the king’s powers of sanction and signature.

Dr Harrison said the king had withheld or deferred his signature from a number of pieces of legislation because it was deemed to be inappropriate or unconstitutional.

He said the new Constitution excluded the King and Privy Council from the role of governing the Kingdom.

He said judgements about whether legislation was constitutional went against the doctrine of the separation of powers and the role and independence of the judiciary.

He said the Royal Assent Order 2011, under which the King and Privy Council purported to act, was therefore invalid.

-Partners-

Dr Harrison was asked to give an opinion on the legality of the Royal Assent Order 2011 by the Prime Minister’s Office.

Real problem
However, Dr Harrison said challenging the validity of the Order in court would not solve the real problem, which was the regular deferral or refusal of royal assent for legislation that had been approved by Parliament.

“The underlying problem is not the legal validity of the Royal Assent Order as such,” Dr Harrison said.

“The underlying problem is the view currently held by His Majesty or at least by the Privy Council and, in particular the Law Lords as His advisors, as to the extent of the King’s power to grant or refuse the Royal Assent conferred by Clause 56 of the Constitution.

“It is that in my respectful opinion erroneous view of the King’s constitutional powers that needs to be addressed, hopefully by reasoned persuasion or if not, by judicial ruling.”

Dr Harrison said the old Tongan constitution made it clear that the three arms of government had to be kept separate as a safeguard for the proper running of the country and the safeguarding of the liberties of its people.

The Royal Assent Order 2010 challenged the underlying assumptions of the Tongan constitution. The Order allowed the King to appoint privy councillors as advisers and a Judicial Committee had also been established by the Privy Council in 2011.

Dr Harrison said any powers and functions conferred on any such committee, must be consistent with the overall scheme of the Constitution and any other statutory or fundamental legal principle.

King’s signature
Clause 41 of the Constitution required that “Acts that have passed the Legislative Assembly” must “bear the King’s signature before they become law”.

He said that under the new Constitution the king did not have complete discretion to refuse to sign an Act that had been passed by the Legislative Assembly.

He said changes to the constitution in 2010 had shifted the balance of power from the king to Parliament. This meant that the king should exercise his veto on legislation only in “truly exceptional circumstances and for compelling reason.”

Problems had arisen because the king had deferred assent to legislation passed by Parliament on the advice of Privy Councillors and the Law Lords appointed by the king to the Judicial Committee.

Dr Harrison said the Law Lords played no specific constitutional role, other than that of providing the King with advice.

They could not be permitted to operate de facto as judicial officers and did not have any constitutional function or role as scrutineers of legislation or the legislative process.

“The most fundamental problem with the Royal Assent Order is that it purports to confer on the Judicial Committee and ultimately the Privy Council power to review Acts duly passed by the Legislative Assembly and ultimately to determine whether each such Act is an ‘appropriate’ or ‘inappropriate’ recipient of the Royal Assent; and whether any such Act is or even may be unconstitutional,” Dr Harrison said.

Merits of legislation
“Under the new Constitution, review and evaluation of the merits of legislation passed by the General Assembly do not fall within the scope of the King’s powers of sanction (and signature).

“The ‘inappropriateness’ assessment falls foul of the new Constitution’s exclusion of the King and Privy Council from the role of governing the Kingdom. The constitutionality assessment does likewise, and in addition offends against the constitutional separation of powers and specifically the role and independence of the judiciary.

“If the assessments which the Royal Assent Order purports to authorise fall outside the constitutional powers of the King Himself, it necessarily follows that they cannot be empowered by means of the Royal Assent Order, as a mere Order in Council purportedly made pursuant to Clause 50(3) of the Constitution. On that basis, the Royal Assent Order must be seen as invalid.”

Dr Harrison said the Royal Assent Order was also invalid because it purported to confer the ultimate power of decision and assessment on the Privy Council, when it was only intended to provide a mechanism for giving advice to the King.

Media academic Dr Philip Cass is an adviser to the Kaniva News website. This article is republished by arrangement.

Article by AsiaPacificReport.nz

By Kalino Lātū, editor of Kaniva News

Tongan Prime Minister ‘Akilisi Pōhiva told his supporters that if he had really wanted to take away people’s land and the royal powers he would have made himself Minister of Defence and Minister of Land at the last election.

Pōhiva made the revelation on Tuesday night when he spoke in front of hundreds of his Tongatapu 1 constituents at the Uaiselē Hall at Sipu Road in Kolomotu’a before Thursday’s snap general election, which boosted the Democrats with a landslide win.

He was rejecting claims by his political opponents that he had a secret agenda to take away people’s rights to their land and give it to the nobles.

Kaniva News was unable to publish anything on his speech immediately because of Tonga’s electoral law which prohibited the publication of any material that could promote a candidate within 24 hours of Thursday’s election.

In his speech, the Prime Minister said he struggled in 2014 to choose a minister for the Ministry of Land and His Majesty’s Armed Forces.

Pōhiva, who was re-elected to Parliament in Thursday’s election, said he lay down at home at night and “thought deeply” about the problem.

-Partners-

‘Fragile’ future
He said he knew how “very fragile” the future of land and the defence services seemed in some people’s minds, especially the nobility and the royals while he – a man who had called for significant changes to the status quo in the past 30 years – was leading the country.

He finally made up his mind to appoint Lord Ma’afu from the nobility to the posts.

He thought the noble’s appointment could show the nation his ambition to bring about reforms that could bring more stability to Tonga.

He said politicians who campaigned against him during the snap election misled the people by telling them he was trying to unnecessarily remove the king’s power.

“That was not right,” Pōhiva said.

Protecting His Majesty
Pōhiva, whose critics accused him of wanting to “become king”, said he understood the way he wanted to protect the king put him and his government in a delicate situation.

The Prime Minister was referring to submissions from Cabinet to amend the constitution, including a proposal to reinstate the former Privy Council structure in which the king met with cabinet ministers in Privy Council.

The move was described by the Minister of Justice Vuna Fā’otusia as an attempt to make sure the king was directly informed first hand about government matters by the ministers because they were the ones who did government’s administration work.

Fā’otusia said the current structure was not secure because the Privy Council was filled with people who were not elected by the people and were not accountable to the public.

Pōhiva explained that amending the law would benefit the king and the people, but unfortunately his critics had twisted and demonised their intentions.

‘Dirty politics’
He described it as “dirty politics” and thanked his followers for helping defeat his rivals in the three decades he had been involved in Tongan politics.

Tuesday night’s meeting was repeatedly interrupted by applause and yells of support from the audience.

As Kaniva News reported on Friday, Pōhiva and his Democratic Party won 14 parliamentary seats which enabled them to form the next government without needing the help of the nobility or the independents.

It is understood Pōhiva and his cabinet were due to meet this weekend, although the line-up of the cabinet has not been announced yet.

Asia Pacific Report republishes Kaniva News stories with permission.

Article by AsiaPacificReport.nz