Reform incomplete without Judiciary Independence [1]
Wednesday, August 18, 2010 - 06:24. Updated on Monday, September 9, 2013 - 18:40.
Editor,
THERE'S no other way to put it, but inquiring minds must ask: Who fired Chief Justice Ford (Departing CJ...14 Aug 2010)? First, we had the former AG/MJ 'Alisi Taumoepeau axed, then John Cauchi also axed, and now Justice Ford terminated.
Mrs. Taumoepeau was forced out because she bucked the "good old boys'" system in rendering her ethical, professional, and proper governance interpretation of the law. Cauchi was squeezed out because he was a foreigner, and he also collaborated the same deficiencies Taumoepeau identified. Now Ford is thrown out by the seat of his pants probably because he knows too much.
The Issue: Judiciary Independence
This writer has been writing about this issue (Judiciary Independence) in this forum for over a year. Finally, the Tongan Law Society goes public to address the problem which has reached the boiling point. Furthermore, Justice Ford's departing words also identified "Judiciary Independence" as Tonga's biggest problem facing the political reform.
The Judiciary must be an independent branch of government with power and authority equal to the Executive (King), and the Legislative Assembly (Parliament), not a subjective branch. Justices must not sit on the bench with the threats of termination from their jobs hovering over their heads for making unpopular legal decisions.
Especially Supreme Court justices should be appointed for lifetime services. As the King is in power for life, Parliamentarians can be in office for life (no term limits), Chief Justices should also be in office for life.
Political Reform Must Include "Judiciary Independence"
The Prime Minister wants to keep the status quo because he prefers that the King and Parliament keep on subduing the Judiciary to their will. This is accomplished by Parliament enacting unconstitutional laws, signed by His Majesty into law, and the Judiciary must rubber stamp it. No chance for a Law Review because His Majesty hires and fires justices.
In the process, His Majesty also controls the Parliament with His Veto Power. Parliament does not have the Judiciary as a partner to scrutinize and keeps the King's power in check.
Our political reform will not be completed without Judiciary Independence. His Majesty wants to preserve His privileges to appoint and dismiss justices. This is an egregious breach of democratic principles: The Constitution must be amended to remove those privileges from His Majesty's Executive power.
Conclusion: Justice Ford's Legacy
Failure to separate the Judiciary Branch's Independence from the dictatorial power of the Executive Branch, and the unproven will of the Legislative Branch, gives absolute power to the King. It will leave Tonga's political transformation impotent as an Absolute Monarchy instead of a Constitutional Monarchy.
But let's not forget Justice Fords' valuable contributions to Tonga's political stability. As Chief Justice, he presided over Tonga's most difficult times: political transformation, politically-motivated riots, Princess Ashika disaster, rising unemployment, rising crime rates, etc. Justice Ford's legacy will be remembered as the "respected legal system" (justice and fairness) in the midst of Tonga's political, economics, and social turmoils.
Sione Akemeihakau Mokofisi
samokofisi [at] email [dot] phoenix [dot] edu ( samokofisi [at] email [dot] phoenix [dot] edu)