Absolute Monarchy denies egalitarianism in a society [1]
Sunday, May 9, 2010 - 17:15. Updated on Friday, April 11, 2014 - 23:59.
Editor,
Inquiring minds are asking Minister of Justice Hon. Samiu Vaipulu to substantiate the promises he made to Tongan journalists on May 3rd (Govt will not touch press freedom . . . 05 May 2010):
You promised to safeguard the Constitutional independence of free speech:
But if the Judiciary Branch of Government continues to be controlled by the Executive Branch (King and Cabinet), lacking independence itself, how can you promise something you don't have yourself?
Reading the Constitution
You challenged former AG John Cauchi to "go read the Constitution." With all due respects, sir, you and the Prime Minister's Office seemed to read the Constitution selectively clinging on to Clause 85 of Part II as if Clause 30 did not exist:"
Clause 80: ". . . the Chief Justice of Tonga and of such other judges as may be appointed from time to time by the King with the consent of Privy Council . . . " Doesn't this limit the independence of the Judiciary to become a puppet of the King and Cabinet (Executive Branch), allowing the King to control two of the three branches of Government?
You seem to ignore by convenience Clause 30, the opening paragraph of Part II. It mandates the independence of each of the three branches, "The Government of this Kingdom is divided in three Bodies: The King Privy Council and Cabinet (Ministry); The Legislative Assembly; The Judiciary" (Latukefu, 1975).
Independence of Three Branches
Inquiring minds are asking, therefore: How can we respect the "independence" of each branch of government in a "Constitutional Government" (Clause 31) ruled by an "Absolute Monarch?"
Whether it's the Westminster model (British, NZ, etc.), the American, or Australian (hybrid American-Westminster), they all preserve the "independence" of the Judiciary from the Government and the Parliament (Parliament.uk, 2009).
Whichever system Tonga's transformational government adopts, the independence of a Judiciary Branch is paramount in establishing people's respect and trust in such a government. An Absolute Monarch rules an oligarchy that denies the full democratic benefits of egalitarianism in a society.
References: Latukefu, S. (1975). The Tongan Constitution: A brief history to celebrate its Centenary. Nuku'alofa, Tonga: Tonga Government Printer.
Parliament of Tonga. (1988). The Constitution of Tonga. Retrieved May 03, 2010, from the Government of Tonga database
Parliament of the United Kingdom. (2009). The Supreme Court. Retrieved May 06, 2010, from the Parliament of the United Kingdom database http://www.parliament.uk/ [2].
Sione Akemeihakau Mokofisi