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.

• READ MORE: Other Tongan politics reports

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“The king has withdrawn his confidence and consent from you as Defence Minister as well as the Minister of Foreign Affairs and Tourism Fekitamoeloa ‘Utoikamanu.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

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.

• READ MORE: Tonga’s political standoff continues as tensions boil over in Parliament with MPs suspended
• Other Tongan reports

“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.

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.

• READ MORE: Other Tonga reports

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.