Page 12 - IB February 2024

Tonga
STANDOFF IN TONGA

By Lopeti Senituli non-government secondary and
tertiary educational institutions,
Early last week, the Secretary of Tonga’s Privy Council had received annual government
wrote to the Chief Secretary (Secretary to Cabinet and to subsidies. Pohiva had asked the
the Prime Minister), saying: “I have the honour to inform you minister to resign from Cabinet
that His Majesty in Council’s Decision PC17/2024, approved and await the outcome of the trial.
by circulation of 2 Feb 2024, was … pleased by and with the She refused, so he recommended
advice of the Privy Council to withdraw His confidence and to the King that her appointment
consent to the appointment of Hon. Hu’akavameliku [the be revoked. The King complied,
hereditary title of Prime Minister Siaosi Sovaleni] as Minister although it took some months.
for His Majesty’s Armed Forces and … to the appointment of This latest Royal decision does
Hon. Fekitamoeloa Katoa ‘Utoikamanu as Minister for Foreign His Majesty King Tupou VI of not constitute a revocation of the
Affairs and Minister for Tourism.” Tonga appointments of the two ministers.
The Privy Council is composed of people whom the King It is an expression by the King of his
“sees fit to call his Council”. They are appointed under the loss of confidence in them. It was for the Prime Minister to
Constitution to “provide him with advice” on all and sundry. decide whether or not he concurred. In the event, the Prime
The Council does not have any executive powers. Its current Minister did not concur with the King’s opinion in relation
membership includes one Law Lord (Lord Dalgety of Scotland, to the Minister for Foreign Affairs and Minister for Tourism,
a former Chief Justice who took up Tongan citizenship on who was appointed to that role from outside Parliament at
retirement from the Bench), the President of the Free the beginning of the current government’s four-year term in
Wesleyan Church of Tonga (Rev. Dr Tevita K. Havea) and a January 2022, and is the only female Cabinet member. She
former Deputy Prime Minister and Chief Surgeon at the main had previously been a civil servant and diplomat, serving as
referral hospital (Dr Viliami Tangi, who was appointed to the the country’s Ambassador to the United Nations in New York
non-hereditary title of “Lord Tangi ‘o e Vaonukanuka” by the and as a Deputy Director-General of the Pacific Community
previous king in 2011). It is significant that the PC17/2024 (SPC).
decision was “approved by circulation”, meaning there wasn’t The lack of any official response to the withdrawal of
a face-to-face meeting of members. confidence and consent to the appointment of Prime Minister
The Acting Prime Minister, Hon. Samiu K. Vaipulu (the Sovaleni as Minister for His Majesty’s Armed Forces is
Prime Minister being overseas for medical reasons) issued a concerning. In addition to being Prime Minister and Minister
media release on 6 February 2024 stating that the decision for His Majesty’s Armed Forces, Sovaleni is also Minister for
of the King in Council was contrary to clause 51(3)(a) of the Education and Training, Minister for Meteorology, Energy,
Constitution which specifies that a minister shall retain his Information, Disaster Management, Environment, Climate
or her position as minister until his or her appointment is Change and Communications, and Minister for Police. The loss
revoked by the King on the recommendation of the Prime of royal confidence in his person as minister for the defence
Minister. The statement went on to say that a letter will be portfolio has definite implications for his other portfolios.
sent to the Palace Office reminding the King of that clause He is a single human being whose strengths and frailties are
and added, “the Prime Minister, who is currently overseas, has equally relevant across his several portfolios.
reiterated his confidence in the Minister of Foreign Affairs and One possible interpretation of the Prime Minister’s silence
Tourism, Hon. Fekitaloa Katoa ‘Utoikamanu”. However, not a on his own position is that he concurs with the King and will
word was said about the removal of the King’s confidence and relinquish the armed forces portfolio. However, this could be
trust in the Prime Minister as Minister for His Majesty’s Armed a politically terminal move for him. On the other hand, if he
Forces. were to oppose the King’s will, Parliament could be dissolved
So, the ball is in the King’s court. What will happen next and new elections called.
is anybody’s guess. The country has never had to cross this The last time the King dismissed an incumbent Prime
bridge before. Minister was in August 2017, when he dissolved Parliament
The last time a minister’s appointment was revoked by the and called for new elections as he is constitutionally
King was in the middle of 2018, but in that case, it was done empowered to do, with no requirement that he publicly
on the recommendation of the late Prime Minister, Samuela disclose the reasons. On that occasion, the King did not give
‘Akilisi Pohiva. the then incumbent Prime Minister (Pohiva) an opportunity to
Hon. Akosita Lavulavu, Minister for Internal Affairs, had say whether he concurred with the King’s assessment of the
been jointly charged with her husband ‘Etuate Lavulavu in situation.
March 2018 with three counts each of knowingly dealing with The last time the King threw his weight around in this
forged documents and three counts of obtaining credit by way was in the middle of 2019 when he effectively caused
false pretences, relating to several irregularities in an audit
of their ‘Unuaki ‘o Tonga Royal Institute which, like other Continued on page 22

12 Islands Business, February 2024