Speaker Counters Moves to Strip King’s Constitutional Power

King Tupou VI dissolved the Tonga Legislative Assembly on August 24, for the first time in Tonga’s history using the Constitutional power of the monarch to dissolve parliament

The Speaker of Tonga’s Legislative Assembly Lord Tu’ivakano on Monday outlined his many serious concerns about the government of ‘Akilisi Pohiva that he had brought to the attention of King Tupou VI last week.

His move was sparked by what he said was evidence last week that government was pushing to do away with the Constitutional authority of the King to endorse legislation.

In response to these concerns, King Tupou VI dissolved the Tonga Legislative Assembly on August 24, for the first time in Tonga’s history using the Constitutional power of the monarch to dissolve parliament and call early elections. The Kingdom of Tonga is currently being run by the present government as a “Caretaker Government” until a General Election will be held in November – a year ahead of the previously scheduled date of 25 November 2018.

The Speaker’s list of problems with the way the government is running Tonga affairs is a summary of the chaotic state of affairs, since they came into office at the end of 2014, that most Tongans have become aware of in one way or another as it impacts their lives. King Tupou VI on August 24 dissolved the Tongan Parliament and called for an early General Election to be held “no later than 16 November 2017”.

Attorney-General

The Acting Attorney-General ‘Aminiasi Kefu, at a press conference said the decision is a prerogative of King Tupou VI who does not have to disclose the reasons why he made such a decision, and this Constitutional right cannot be challenged in court.

The King’s decision to dissolve parliament, according to a Press Statement from the Office of the Lord Chamberlain, was made after considering the advice of the Speaker of the House, Lord Tu’ivakano.

Lord Tu’ivakano on Radio Tonga outlined what he had presented to the King. He said he had become greatly concerned when early last week there was evidence that government was making moves to do away the authority of the King to endorse legislation.

Lord Tu’ivakano said that some of the issues that he brought to the attention of His Majesty were:

1. The infringement by the Prime Minister and Cabinet of the King’s prerogative by going ahead and signing the international agreements, CEDAW and the PACERPlus free trade agreement, without the consent of the King.

2. Bills have been presented to the House for the Prime Minister and Cabinet to take over from the King and the Privy Council the right to appoint the Police Commissioner and the Attorney General. The Speaker was convinced that such a move would politicize the appointments.

3. The Speaker was concerned that the Prime Minister had made jokes of the Democratic Process, the Rule of Law, and Transparency. When one of the PM’s Cabinet Ministers was impeached and found guilty the PM pleaded with Parliament to allow him to punish his own Cabinet Minister. He did not.

4. The Speaker pointed out what he considered to be blatant dishonesty by government, that a Levy on Foreign Currency Exchange that was intended to help finance the 2019 Pacific Games remains in place despite the fact that Tonga had terminated the contract that it signed in 2012 to host the 2019 Pacific Games.

5. Lastly, the Speaker expressed his disappointment that Government on 1 July 2017 increased the Income Taxes, then three days later on 4 July gave all Cabinet Ministers salary rise.