Decision on parliamentary case expected soon [1]
Saturday, June 17, 2006 - 17:36. Updated on Thursday, October 2, 2014 - 16:48.
Tonga's Chief Justice Robin Webster will announce his decision next week, after this morning hearing submissions in a case that is challenging the legality of the opening of the 2006 session on June 1 by the Princess Regent.
For three and a half hours on Saturday morning the Supreme Court heard submissions from legal counselors for the parties to a case brought by eight members of parliament.
Clive Edwards for the Plaintiffs, insisted on his interpretation of Clause 17 of the Legislative Assembly Act, that, "The sessions of the Legislative Assembly shall be opened and closed by the King either in person or by a commission of three nobles appointed by him."
Defence
The three counsel for defence were united in their submission that when the Princess Regent was appointed by the King, who was in New Zealand, the Princess Regent had the power to administer Tonga.
Linda Folaumoetu'i said that the Interpretation of Section 17 of the Tongan Constitution with regards to the term ...king in person... does incorporate the Regent.
'Aisea Taumoepeau argued that, ...The Princess Regent does not become King, the King is still King, but once appointed Regent she has powers vested on her....
Harry Waalkens in his submission told the court that the plaintiff...s interpretation of section 17, offended common sense as to interpret that the function of a regent is limited. "It is absurd for the plaintiffs to suggest that the Regent himself can and has the power to appoint three nobles to open Parliament, but cannot herself. The Regent has all the power and yet to be shut out of opening Parliament, a ceremonial process defies logic..., said Harry.
The three defendants: the Prime Minister Dr Feleti Sevele was represented by Harry Waalkens; the Speaker of the House, Hon Tu'iha'angana was represented by Tonga's former attorney General, 'Aisea Taumoepeau; and the Government of Tonga was represented by the Solicitor General, Linda Folaumoetu'i.