From the House

By Pesi Fonua

Debate on the Evidence (Amendment) Bill 2016 has been going on for days, and Lord Fusitu'a, presenting the strongest opposition to the Bill, has pointed out a number of times that government is trying to rush the Bill through, because three other bills, which he said are inter-related had been sent back for corrections.

On February 17, after a vociferous debate over the bill the Minister of Justice, Hon Vuna Fa’otusia requested for the Bill to be handed over to the House’s Standing Committee on Law to work on before it is resubmitted into parliament the following week.

Lord Fusitu’a’s claim that the Bill, tabled by government to amend the Evidence Act, infringed Clause 4 of the Tongan Constitution, which clearly states that the application is the same for all Tongans, and not for some but not the others.

To that the Prime Minister, Hon. ‘Akilisi Pohiva exclaimed, "the law in this country (Tonga) is not the same to all, full stop!"

Tongan Constitution

Clause 4 of the Constitution reads – There shall be but one law in Tonga for chiefs and commoners for non-Tongans and Tongans. No laws shall be enacted for one class and not for another class but the law shall be the same for all the people of this land.

 More work on the bill to be done before the House closes its the 2015-16 parliamentary session was agreed to by the Whole House Committee with a vote of 19-0.

More Bills

The Bills and Regulations that the Whole House Committee has passed were then resubmitted into the Legislature for their Second and Third readings.

One of the bills, Order in Public Places (amendment) Bill 2016; to enable Private Security Services and civil servants to perform security activities on Sunday, stirred a bit of soul searching among members.

Before the Bill had its third reading, Lord Nuku wanted to commentl. He apologised for overlooking the significance of the Bill but he felt obliged to say something. He queried why security officers are allowed to work for payment on Sunday. He disagreed with the Bill and suggested that there should be a public consultation over the issue.

There were a range of reactions from members.

Lord Tu'i'afitu reminded House of Clause 6 of the Tonga Constitution:

Clause 6: The Sabbath Day shall be kept holy in Tonga and no person shall practise his trade or profession or conduct any commercial undertaking on the Sabbath Day except according to law; andany agreement made or witnessed on that day shall be null and void and of no legal effect.

The Minister of Police, Hon. Pohiva Tu'i'onetoa said that His Majesty has his security.

Ha’apai PR No. 13, Veivosa Taha said that security officers should work without pay on Sundays, adding "Let's pray for security on Sunday."

Vava’u PR No. 15, Samiu Vaipulu said that Clause 6 is clear; excepting if there is a legislation, "and what we are working on is a legislation."

Speaker commented "when you go to church, the thieves are out working on Sundays."

He called for votes, and the bill was carried in its third reading 13-4, against were Lord Nuku, Lord Tu’ilakepa, Lord Vaea and Veivosa Taka.