Dr Sitiveni Halapua, former deputy leader of Tonga’s Democratic Movement, has died aged 74.

Born on February 13, 1949, he was a respected academic, a pioneer of Tonga’s democratic reforms and pioneer of a conflict resolution system based on traditional practices.

Halapua earned a doctorate in economics from the University of Kent in the UK and went on to lecture in economics at the University of the South Pacific in Suva, Fiji.

• READ MORE: Disarray in Tonga’s Democratic Party revealed
• Taione denies he conspired to make Halapua Prime Minister

He was director of the Pacific Islands Development Programme at the East-West Centre at the University of Hawai’i for more than 20 years.

It was while working at the East-West Centre that he developed a conflict-resolution system based on the Polynesian practice of Talanoa, known as the “Talanoa conflict-resolution” system.

It has been used in the Cook Islands, Fiji and Tonga.

In November 2005, Dr Halapua was appointed to the National Committee for Political Reform, aimed at producing a plan for the democratic reform of Tonga.

Blame over report
In October 2006 the commission recommended a fully elected Parliament. He later accused Prime Minister Feleti Sevele’s of hijacking the report and blamed this for the 2006 Nuku’alofa riots, which destroyed much of central Nuku’alofa.

Dr Halapua was elected to Parliament as a People’s Representative for Tongatapu 3 in the 2010 elections.

Four years later, he was ousted as candidate for the Democratic Party after party leader and Prime Minister ‘Akilisi Pohiva’s newspaper, Kele’a, accused him of being at the centre of a plot to seek the premiership.

As Kaniva News reported at the time, Kele’a claimed that three Democratic Party members, including People’s Representatives Semisi Tapueluelu and Sione Taione planned in 2012 to replace Pohiva with fellow parliamentarian Dr Sitiveni Halapua.

Kele’a alleged that the plan was made in 2012 when the Democratic government lodged a motion of no confidence against the Prime Minister, Lord Tu’ivakano.

Both Taione and Halapua denied the story.

Relations between Pohiva and Halapua had been strained since October 2013 when Dr Halapua abstained from voting for a bill that would have let the Prime Minister be popularly elected.

Popular bill lost
The bill was laid before the Tongan Parliament by Democrat MP Dr ‘Aisake Eke and had received massive support from many of the 17 popular electorates, nine of which elected Democrat Members of Parliament. However, the motion was lost 15-6.

Dr Halapua’s abstention drew strong criticisms from the local media and the Democrats.

Kele’a lashed out at Dr Halapua’s behaviour, with the editor saying he no longer trusted him as one of the front benchers of the party.

Dr Halapua had long been an advocate of what he called Pule’anga Kafataha or “Coalition Government”.

Under the proposal all parliamentarians, whether nobles or commoners, would work together as a coalition.

In 2010 Halapua told Kaniva News that Democratic Party Parliamentarians voting as members of a coalition could elect a noble rather than his party leader, ‘Akilisi Pohiva, but still keep their allegiance to Pohiva and the Democratic Party.

After he was removed as a Democrat candidate, Dr Halapua said he would stand as an independent at the next election, but did not run. He stood unsuccessfully in the 2017 election.

Republished from Kaniva Tonga with permission from the authors.

Was Tonga’s Hon. Vuna Fā’otusia betrayed by his close friends from the nobility and cabinet while being the Deputy Prime Minister?

Was he set up by some of the cabinet because of his outspoken nature? He was reported in Parliament to be unwell before he was absent from yesterday’s vote of no confidence.

Did a last minute realisation that no one from the government and the nobility would cross the floor and join him and the PTOA lead him to a situation where he felt so sick this afternoon?

• READ MORE: Tongan PM survives no-confidence vote

It would have been better if, at the beginning, Hon. Fā’otusia had asked those who, he said, promised to stand with him in an attempt to oust Tu’i’onetoa to resign together with him as proof of their intentions.

The Prime Minister survived the vote of no-confidence after the motion was rejected by 13-9.

When Hon. Fā’otusia was interviewed by Kaniva News in the wake of the vote, he claimed there were members in cabinet who supported them and would vote for them.

He said these cabinet ministers did not agree with what Prime Minister Pōhiva Tu’i’onetoa and disgraced former cabinet Minister ‘Etuate Lavulavu had been doing for Tonga.

‘King is not happy’
“I also know that once the members of the nobles in Parliament know that the king is not happy with the government of PM Tu’i’onetoa and Lavulavu, they will vote for us!” he declared.

“I believe that once the vote of no confidence is cast, only Hon. Tu’i’onetoa and Akosita Lavulavu, will be on the other side.”

The comment from Fā’otusia was not new to Kaniva News. We have heard the same optimistic claims before votes of no confidence in the past, but no government has been defeated by a vote of no confidence since legislation to allow them was introduced as part of the 2010 political reforms.

Kaniva News has a role to bring awareness and boost independent and healthy debates in any significant issues including politics.

So following Fā’otusia’s comment we wrote an analysis article under the heading: “Does appointment of Lord Ma‘afu mean PM has lost trust in his independent Cabinet Ministers?”

In that analysis we said that the PTOA needed to do some very clever horse trading if they wanted to win back some of the independents. One suggested outcome was that the PTOA and Hon. Fā’otusia would have to trade the premiership and deputy position to Hon. Tu’i’onetoa’s independents.

If they did that there would have been a high possibility of getting two independents on side.

Tried his best
Hon. Tu’i’onetoa would also have tried his best to offer his independents the best deal.

However, it appears that Hon. Tu’ionetoa could not step down and allow one of his independents to become Prime Minister, which would have benefitted the PTOA (“Democracy Party”).

We also said that noble MPs would not cross the floor to side with PTOA.

And we were right. Last week, we ran another article under the heading: “Horse trading continues as vote of no confidence looms; PM appears confident he will survive.”

In that article we said the PTOA was focusing on only three independent cabinet members in particular to join their attempt to oust the Prime Minister. We wrote that after interviewing reliable sources who were very close to the PTOA and nobility. They said the nobles would not support Fā’otusia and the PTOA.

It was clear the PTOA would find it hard to get the numbers.

Some of the reasons why it was hard for any nobles to cross the floor was because of the PTOA ‘s democratic principles of reforming the political system of Tonga to allow the taxpayers to rule and make decisions about their taxes.

The king and the nobles do not like democracy because it diminishes their powers and traditional entitlements.

Slap in the face
There was no way the noble MPs would side with the democrats because it would be a slap in the face for the king, who has the power to appoint his nobles.

Cabinet members have been tied to Hon. Tu’i’onetoa by a legal agreement and manifesto. They felt secure and safe politically in his hands.

Their constituencies benefitted greatly from Tu’i’onetoa’s policy of working with close friends and allies.

On the other hands, the PTOA party has been accused of being disorganised and not legally registered as a legal entity. This will always allow its senior members to control the party and sack MPs who did not agree with them. This has led to disarray in the past.

In the end it was difficult to convince the independents in the Tu’i’onetoa government, who live in the lap of luxury, to join a party which could not guarantee to provide the same benefits.

Kalino Latu is editor of Kaniva News. Asia Pacific Report republishes articles from Kaniva News with permission

A businessman, Dr Tu’i Uata, who was not elected by voters to Tonga’s Parliament has been named by Prime Minister ‘Akilisi Pōhiva as his Minister of Labour and Commerce, according to a lineup list leaked to local news media.

The Prime Minister may appoint no more than four cabinet ministers from outside Parliament, according to the constitution.

Pōhiva has chosen Tongatapu 2 MP Sēmisi Lafu Sika as Deputy Prime Minister when his 12-member cabinet lineup was submitted to the palace office yesterday.

The submission was made after King Tupou VI appointed Pōhiva as Tonga’s Prime Minister until 2021 after the November snap election resulted in a decisive win for Pōhiva’s Democrats.

“In accordance with Clause 50A of the Constitution of Tonga, His Majesty King Tupou VI has appointed the Prime Minister-Designate, Honourable Samuela ‘Akilisi Pohiva, as the Prime Minister of Tonga, with effect from 2 January, 2018,” the Prime Minister’s office said in a statement.

The Prime Minister has the power to nominate his cabinet lineup before recommending the king to appoint them, according to the constitution.

Lord Ma’afu has been chosen from the nobility by Pōhiva to be his Minister of Land and Survey.

Defence Ministry moved to PM
The Ministry of Defence, a portfolio the noble held in the Pōhiva government before the election, has been removed and brought under the control of the Prime Minister.

The Ministry of Custom and Revenues has been brought under the control of Minister of Police Māteni Tapueluelu.

Four of Pōhiva’s Democratic Party team who were elected in the snap election on November 16 do not have portfolios.

They are Tongatapu 5 MP Losaline Mā’asi, Ha’apai 12 MP Mo’ale Fīnau, Ha’apai 13 MP Veivosa Taka and Niua 17 MP Vātau Hui.

The Minister of Justice, Vuna Fā’otusia, has confirmed the lineup list obtained by Kaniva News.

He said it had yet to be officially announced because it was being submitted to the king.

Legislation changed
Fā’otusia said some of the legislation regarding government portfolios had to be changed to allow movements of some of the ministries, such as Sports and Information.

The Ministry of Sports which is currently under the control of the Minister of Internal Affairs was planned to be be returned to the control of the Minister of Education.

The Ministry of Information was also intended to be attached to the Prime Minster’s portfolios.

Fā’otusia alleged corruption existed in the Ministry of Custom and Revenues and that was why the portfolio was being given to the Minister of Police.

The new lineup:
Samuela ‘Akilisi Pōhiva – Prime Minister of Tonga; Minister of Defence and Foreign Affairs

2. Sēmisi Sika – Deputy Prime Minister; Minister of Tourism and Infrastructure

3. Sēmisi Fakahau – Minister of Agriculture & Forestry and Food

4. Dr. Pōhiva Tuionetoa – Minister of Finance and National Planning

5. Penisimani Fifita – Minister of Education

6. Poasi Tei – Minister of Energy, Environment, Information and Climate Change (MEIDEEC)

7. ‘Akosita H. Lavulavu – Minister of Internal Affairs and Sports

8. Dr Tu’i Uata – Minister of Labour and Commerce

9. Dr Saia Piukala – Minisiter of Health and Public Enterprises

10. Lord Ma’afu – Minister of Lands and Survey

11. Sione Vuna Fā’otusia – Minister of Justice and Prisons

12. Māteni Tapueluelu – Minister of Police & Fire Services; Customs and Revenue

Asia Pacific Report republishes Kavini News articles by arrangement.

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.

‘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.

Tonga’s Democrats have won 14 seats today in the snap election in the only Pacific kingdom, giving them enough seats in Parliament to form the next government without needing the support of independents.

Kaniva News editor Kalino Latu, who is covering the elections from Tonga, reports that
supervisor of Elections Pita Vuki confirmed a moment ago that the Democrats had added
five more seats to their tally.

Vuki said the Democrats had won two seats in Ha’apai, two in Vava’u and one in Niua.

The Democrat Party had already won a landslide victory in Tongatapu in today’s elections.

The only seat they lost is Tongatapu 3, which was won by former Deputy Prime Minister
Siaosi Sovaleni who was re-elected as an independent.

The 17 People’s Representatives:
Tongatapu 1 – ‘Akilisi Pohiva

Tongatapu 2 – Semisi Lafu Sika

Tongatapu 3 – Siaosi Sovaleni (Independent MP)

Tongatapu 4 – Mateni Tapueluelu

Tongatapu 5 – Losaline Ma’asi

Tongatapu 6 – Poasi Tei

Tongatapu 7 – Sione Vuna Fa’otusia

Tongatapu 8 – Semisi Fakahau

Tongatapu 9 – Penisimani Fakahau

Tongatapu 10 – Pohvia Tu’i’onetoa

‘Eua 11 – Tevita Lavumaau (Independent)

Ha’apai 12 – Mo’ale Finau

Ha’apai 13 – Veivosa Taka

Vava’u 14 – Dr Saia Piukala

Vava’u 15 – Samiu Vaipulu (Independent)

Vava’u 16 – Akosita Lavulavu

Niua 17 – Vavatau Hui

Huge support for Pohiva
There has been huge personal support for Prime Minister ‘Akilisi Pohiva.

Pohiva won in spite of being challenged by 10 candidates.

A total of 86 candidates stood today, including 15 women, for 17 open seats.

About 146 police officers were assigned to polling stations.

As Kaniva News reported earlier today, all but two of the Noble’s Representatives in Tonga’s Parliament have been re-elected.

Lord Vaha’i took the third Tongatapu seat coin toss after winning a coin toss with Lord Vaea.

Massey University director of Pasifika Dr Malakai Koloamatangi told Radio New Zealand the
importance of the vote could not be overstated.

“The first election was okay, 2010, it was testing the waters and so forth. 2014 was to see whether the mechanisms and machinery was in place,” he said.

“But this election, I think more than the others, even before 2010, will be the real litmus.”

Media academic Dr Philip Cass is a Kaniva News adviser and research associate of the Pacific Media Centre.

• Full results at Matangi Tonga Online
• Other Tongan stories

A coin toss was used to decide whether Lord Vaea or Lord Vaha’i today won the third seat of members of the nobility to Parliament in the kingdom of Tonga’s snap election.

Lord Vaha’i won the seat in provisional early results.

Meanwhile, Losaline Ma’asi of the Democratic Party was leading the Tongatapu 5 race by 971–908 votes against sitting MP Dr ‘Aisake Eke. The provisional results from ‘Atatā electorate have yet to be announced to give Tongatapu 5 outcome.

Dr Eke had secured the seat in the last two elections.

Other Democratic Party candidates were leading the race in their Tongatapu constituencies.

They were current Prime Minister ‘Akilisi Pohiva (Tt1), Semisi Lafu Sika (Tt2), Mateni Tapueluelu (Ttp4), Poasi Tei (Tt6), Vuna Fa’otusia (Tt7), Semisi Fakahau (Tt8), Penisimani Fifita (Ttp9) and Pohiva Tu’i’onetoa (Tt10)

Former Deputy Prime Minister Siaosi Sovaleni has been reelected by Tongatapu 3.

Seven nobles elected
The king’s 33 nobles have reelected seven nobles to Parliament, including the Speaker Lord Tu’ivakano and a minister in Prime Minister’s ‘Akilisi Pohiva’s government, Lord Ma’afu.

Vava’u, Niuas, Ha’apai and ‘Eua people provisional election results have yet to be announced.

More than 59,000 voters were registered for the election and there were 15 women candidates, the largest ever female cohort contesting the vote.

Noble’s Representatives 2017:
Tongatapu:
1. Lord Tu’ivakano 12 votes

2. Lord Ma’afu 11

3. Lord Vaha’i 7

Vava’u
1. Lord Tu’ilakepa 6 votes

2. Lord Tu’i’afitu 5

Ha’apai
1. Lord Tui’ha’angana 5 votes

2. Lord Fakafanua 3

‘Eua
1. Lord Nuku 10 votes

Ongo Niua
1. Lord Fusitu’a 3 votes

• Other Tongan election stories
• 10 things you need to know about the Tongan election

Tongan interim Prime Minister ʻAkilisi Pōhiva says he suspected his rejection of a proposal by the Deputy Prime Minister and Finance Minister to spend T$60,000 on the opening celebration of the St George Palace government building had turned the duo against him.

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 this week.

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

He said they received a message from the Lord Chamberlain saying that he had handed in the letter to the King.

Po’oi said the Prime Minister was expecting a response from the King yesterday.

Lavemaau and 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.

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.

Parliament dissolved
King Tupou VI, who suddenly dissolved Parliament on August 24 and put Pōhiva and his government in caretaker mode, opened the new multimillion pa’anga 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 T$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 sq m 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 Sovaleni and Lavemaau knew about the plan of the King and Speaker, Lord Tu’ivakano, to dissolve Parliament, but they did not warn him because they were holding a grudge against him after their proposal had been rejected, he told Radio Tonga Broadcom and Tonga Daily News on Sunday night.

Pōhiva said he was 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.

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

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

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

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

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

Pōhiva confirmed on Sunday night he had also appointed Lord Ma’afu as Deputy Prime Minister and oasi Tei to the MEIDECC.

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

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

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

• More Tongan crisis stories

Prime Minister ‘Akilisi Pōhiva has fired Deputy Prime Minister Siaosi Sovaleni and Finance Minister Tēvita Lavemaau, says a cabinet spokesperson.

It is understood Sovaleni and Lavemaau were dismissed effective from yesterday at 5pm.

Pōhiva was “very disappointed” with the ministers, the spokesperson said today.

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

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

Dr Pōhiva Tuʻiʻonetoa is the new Minister of Finance.

The dismissals came after state-owned Tongan Broadcasting Commission (TBC) news producer Viola Ulakai asked Pōhiva during a press conference in Nukuʻalofa on Tuesday whether it was true some of his ministers were being investigated.

Investigation denied
The caretaker Prime Minister denied this. Pōhiva said he was satisfied and calm. All the ministers were still in cabinet.

Ulakai told Pōhiva his son-in-law, Police Minister Māteni Tapueluelu, had told TBC News some ministers had been investigated.

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

Sovaleni and Lavemaau have been contacted by Kaniva News for comment.

Justice Minister questions Speaker role
Meanwhile, the Minister of Justice has told Kaniva News there was no clause in the Tongan Constitution which said the king could dissolve Parliament on the advice of the Speaker.

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

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

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

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

Tongan news is republished by Asia Pacific Report with the permission of Kaniva News.

• More Tongan news

The sudden timing of Tonga’s early general election has hit some of the Tongan citizens living overseas who were planned to run for Parliament in 2018.

The election date had been changed by royal decree to no later than November 16 and Tongan voters will now go to the polls in just over two months time.

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

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 could not now fulfill his dream because the election date had been changed and he could not qualify.

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

Not enough time to prepare
Taliaʻuli, who owns 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 stunned the Tongan political world last week 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 would 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 could change the law but it had been dissolved.

• More Tongan political crisis stories

The government of dismissed democracy Prime Minister ‘Akilisi Pōhiva has been urged to take legal actions against King Tupou VI’s decision to dissolve Parliament, with a former political adviser to government disagreeing with the Acting Attorney-General’s claim the royal order could not be challenged in court.

Lōpeti Senituli, who was also a former government CEO, was responding to a request from Kaniva News today about 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:

Advice for an injunction
“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 Personal 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 eight 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 eight reasons into two groups. The first group I have classified as:

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:

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!”

Kaniva News items are republished by Asia Pacific Report with permission.

• More Tongan political crisis stories

The Speaker of Tonga’s Legislative Assembly has broken his silence and delivered a statement on air detailing what advice he offered King Tupou VI before the monarch dissolved Parliament.

As Kaniva News reported, the surprise dissolution last Thursday 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 must 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 a 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 had made such a surprise decision.

However, it is understood the Speaker went public with the grievances he presented to the king on the Tonga Broadcasting Commission (TBC).

Speaker’s grievances posted
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 [‘Akilisi] 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 seek 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 percent 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.”

• More stories on the Tongan political crisis

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 Labor government of Gough Whitlam.

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

Like King Tupou VI, the 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.

Political visionary
Like Tongan dismissed Prime Minister ‘Akilisi Pōhiva, 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 judgment 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.

Dr Philip Cass is an Auckland media academic and adviser to Kaniva News. He is also a research associate of the Pacific Media Centre.

• Other Tongan crisis stories

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

The Lord Chamberlain made the announcement yesterday.

“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”.

Pōhiva and his cabinet were dismissed on Friday after King Tupou VI had dissolved 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 announced.

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

Foreign Minister Gerry Brownlee told The New Zealand Herald the troops were there for a routine exercise, and yesterday 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.”

Pōhiva to stand again
ʻAkilisi Pōhiva plans to run for Parliament again in the November election, his son and personal assistant Poʻoi Pōhiva confirmed to Kaniva News.

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

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

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

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

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

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

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

• NZ troops to be brought home
• Other Tongan crisis stories

By Philip Cass in Auckland

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

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

A leading Tongan academic said last night there was “a very real fear of violence” following the dismissal of Pohiva.

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

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

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

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

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

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

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

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

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

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

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

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

Brownlee told The New Zealand Herald the government had had no indication the royal intervention was coming.

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

Dr Philip Cass is an Auckland media academic and adviser to Kaniva News. He is also a research associate of the Pacific Media Centre.

• Tongan king sacks democracy PM
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Acting Attorney-General ‘Aminiasi Kefu has confirmed the royal command.

The Crown Law website said King Tupou VI made the decision after he had received advice from the Speaker, Lord Tu’ilakepa.

The announcement was made on the Crown Law website yesterday afternoon.

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

The announcement:

WE, TUPOU VI, BY THE GRACE OF GOD, OF TONGA, KING:

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

HAVING REGARD to Clauses 38 and 77(2) of The Act of Constitution of Tonga (Cap. 2) DO lawfully dissolve the Legislative Assembly with effect from Thursday 24 August 2017 at 1700 hours and DO Command that new Representatives of the Nobles and People be elected to enter the Legislative Assembly at Elections to be held no later than 16 November 2017.

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

An earlier Kaniva News report said:

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

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

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

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

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

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

“Ko e tala mai pe ia ke mau foki ki ‘api ‘e tapuni e Fale Alea ki he ta’u ni ko ia pe,” Tu’ilakepa said. (Translated: “We were told to go home the Parliament will be closed down for this year that’s it”.)

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

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

When she was told that Kaniva News wanted to talk to one of them she hung up the phone.

The New Zealand Herald reported that 20 New Zealand SAS troops were in Tonga for a “routine exercise”.

• King of Tonga dismisses prime minister as Kiwi SAS troops in country