Tonga's Prime Minister, Hon. ‘Akilisi Pohiva and the Audit and Governance Authority of the 2019 Pacific Games was ordered by Lord Chief Justice O. G. Paulsen to refrain from removing Lord Sevele-‘o-Vailahi from his position as the Chief Executive Officer of the Tonga Pacific Games Organizing Committee, and to pay all remuneration and other benefits due to him that has been withheld since 1 July 2016.

The order was made on 25 August at the Nuku’alofa Supreme Court following the hearing on 24 August of an injunction filed by Lord Sevele-‘o-Vailahi to allow the organizing committee to continue its preparations for the Games.

Chief Justice Paulsen ordered: "Pending further order of this Court the defendants, their employees, agent or servants, are restrained from acting upon or carrying out the removal of the plaintiff as the Chief Executive of the Tonga Pacific Games Organizing Committee (appointed under the Pacific Games Organizing Act 2013) and he is to be paid all remuneration and to receive all other benefits due to him in the performance of that role including any remuneration or benefits withheld from him since 1 July 2016".

The plaintiff is entitled to the costs of the application which shall be fixed by the Registrar if not agreed, and a court hearing has also been set for October for a further substantive action.

The legal counsel for the plaintiff, Lord Sevele-‘o-Vailahi was William Clive Edwards. For the defendants, the Prime Minister of Tonga and the Audit and Governance Authority counsel was Laki Niu.

Legal battle

The court order is the latest progress in an ongoing legal battle between Tonga's former Prime Minister Sevele and current Prime Minister Pohiva.

A stand-off between PM Pohiva, the Chairman of the Audit and Governance Authority of the 2019 Pacific Games, and Lord Sevele, the Chief Executive Officer CEO and the Chairman of the Tonga Pacific Games Organizing Committee sparked off when ‘Akilisi wrote to Lord Sevele on 15 December 2015, expressing the grave concern of his government over what they considered to be an excessive and exceedingly large salary. 

The CEO’s salary of $180,000 per annum plus 20% retirement contribution was considered by the PM to be grossly excessive.

The PM also claimed that Lord Sevele’s contract of employment had been signed without due consultation with the Remuneration Authority as required under Section 10 of the Tonga Pacific Games Organizing  Act 2013.

He also challenged the appointment, salaries and the performance of other staff members, Takitoa Taumoepeau, Sakopo Lolohea and Ringo, and called for their voluntary resignation.

Lord Sevele responded to PM Pohiva’s letter two days later on 17 December, advising him that neither he, nor any of the staff of the organizing committee, was willing to resign.

Five months later on 26 May 2016 Lord Sevele received a letter from PM Pohiva, announcing that his employment as the CEO and the Chairman of the 2019 Pacific Games Organising Committee, including remuneration and benefits be immediately terminated and that Lord Sevele was to vacate the office of the Organising Committee from 4.30pm Friday 27 May 2016. He then appointed the Solicitor General, a member of the Organising Committee as an Interim CEO and Chairman of the Organizing Committee.

Lord Sevele on 1 June 2016 filed a statement of claim with an application for judicial review, and for an injunction to allow the organizing committee to continue its preparations for the Games until the substantive action is finally heard.

The application for judicial review was granted on 13 June 2016.

Withheld payments

However, on 5 July 2016 the CEO for the Ministry of Finance informed the Organizing Committee that they had been instructed by the Prime Minister’s Office to defer making any payment to the Organizing Committee during the new financial year 2016-2017.

On 12 August Lord Sevele applied for the injunction to be heard as his salary and that of others continued to be withheld, and a date was set for 24 August.

Meanwhile, the Prime Minister filed an affidavit in opposition to the appllication for an injunction.

Chief Justice Paulsen stated that in this affidavit the PM acknowledged Lord Sevele’s appointment and his terms of employment were agreed to by the authority, but there is a conviction that the Act envisaged that the remuneration of a CEO of the OC was to be comparable to the salaries set by the Remuneration Authority for the CEO’s of government ministries and statutory bodies.

Chief justice Paulsen pointed out that under the Pacific Games Organizing Act 2013, "The Organizing Committee shall, after consultation with the Pacific Games Council, appoint a Chief Executive Officer upon such contractual terms and conditions as the organizing Committee determines with the consent of the Authority in consultation with the Remuneration Authority."

The Organizing Committee, may also at any time and entirely at its discretion and without assigning any reason, "terminate the employment of the Chief Executive Officer with immediate effect, subject to any rights of compensation that may be specified in the employment contract."