By Pesi Fonua

What has happened to the Vote of No Confidence? It's a question that many people have been asking after the Tongan Parliament ended its 2016 session on Thursday, 27 October.

The quest for a Vote of No Confidence in the Prime Minister Hon. 'Akilisi Pohiva and his government has been in the air since his government took office at the end of 2014.

The fact that Prime Minister Pohiva was not in the best of health on the very day he was elected as Prime Minister, and had to be rushed away from parliament, raised the question of how long he might be able to remain at the helm.

A Vote of No Confidence on a Prime Minister and his Cabinet can be tabled into Parliament by Members of the Legislative Assembly, only after 18 months has passed since a General Election.

But since the end of May 2016 although a Vote of No Confidence could be tabled into Parliament and was talked about - nothing has happened.

Meanwhile, controversial actions and decisions made by the Prime Minister and his government continue to cast doubts over the ability of the Prime Minister and his Cabinet to lead the country during difficult and challenging times.

Tonga’s overseas debt is 55% of its Gross Domestic Products, and Tonga continues to rely on Budget Support funds from foreign aid donors to balance its annual budget. Unemployment is a major concern with over 2000 school leavers entering the work force annually, but only about 200 new jobs are created each year.

Unfortunately, from the outset, the Prime Minister and his government appeared to be out of step with a rapidly changing world. His authorisation for a USD$130,000 four pages advertorial in the 2015 Investment Guide of the Forbes magazines to be published at the end of June was considered a waste of money, and it stirred a lot of comment and finger pointing among the senior staff at the new Prime Minister’s Office and other Cabinet Ministers.

The Prime Minister’s most trusted former media adviser, who has left his service, was reported to have told Radio New Zealand, that Hon. ‘Akilisi Pohiva’s government is Tonga’s “most corrupted ever”.

United Nations

Back in 2015 the government started off its term by trying to move forward on big issues that had long been stalled – like agreeing to consider women's rights in the future.

However, the move by the government to ratify the 35-year-old United Nations Convention on the Elimination of Discrimination Against Women (CEDAW) in early 2015 met some fierce resistance, with protests pushed by church leaders. There were even placards calling for “ 'Akilisi and your Cabinet to step down.” Under pressure from the protestors, the government did an abrupt about-turn and fell into line with the views of a new monarch, and a new cardinal whose opposition to CEDAW saw all three, ostensibly, aligning against women's rights in their first collaborative decision.

Education reforms

By 2016 the Prime Minister, who is also the Minister of Education, had caused an uproar among educators and senior officers at the Ministry of Education, with his controversial and rapidly-introduced personal reform of the education system.

There were petitions for him to step down as the Minister of Education.

Pacific Games

The previous government had committed Tonga to hosting the 2019 Pacific Games.

The new Prime Minister’s handling of the controversial issues relating to Tonga's preparations to host the Games continues to be a manifestation of his leadership style. After expressing his doubts in parliament that Tonga could host the Games, a few days later Hon. Pohiva announced that the Games were on.

He fired the CEO of the 2019 Pacific Games Organising Committee, and tried to take over the role of the Organising Committee – an ill-considered move that ended up in court. The court overturned his decision to fire the CEO - Lord Sevele, a former Prime Minister, who was a founding member of ‘Akilisi’s Democratic Party.

Then the PM said that he had run into a brick wall trying to find land to extend the golf course from 9 holes to 18 holes. He also expressed his frustration over the poor state of sports in general, including rugby, even though he is the current President of the Tonga Rugby Union.

The PM has admitted in parliament on a number of occasions that he just doesn’t know what to do with a few controversial issues, such as the independence of the Police Commissioner.

Some Members of Parliament could not believe what the Prime Minister was saying. He wanted to be the PM, he got the job and the authority, and now he was saying he did not know what to do.

Lord Tu'ilakepa told the PM to resign, because it was so unusual for a Prime Minister to talk like that.

However, despite all the controversy, the Prime Minister and his Cabinet are still in power.

On his first official visit to New Zealand at the end of July, Hon. Pohiva invited Lord Vaea to join his delegation. Then in the presence of the New Zealand Prime Minister and the New Zealand leader of the Opposition, he declared that Lord Vaea was the leader of Tonga’s opposition party. It was an outright fabrication.

Not a party system

Tonga’s new political system, introduced in 2010, is not a political party system of government. The composition of the Tongan parliament is made up of 17 People’s Representatives elected by the people and nine Nobles' Representatives elected by 33 nobles of the realm and seven Life Peers who were appointed by the late King George Tupou V. A Life Peers may vote as a Noble for an Electoral District but he cannot stand as a candidate. During the reign of King George Tupou V he appointed seven Law Lords, and two had passed away.

Loyalty

So at the end of the 2016 session what happened to the Vote of No Confidence that was supposedly brewing?

Despite all the talk, it has become clear that the Tongan Parliament will not be able to pass a Vote of No Confidence on the Prime Minister, Hon. ‘Akilisi Pohiva and his Cabinet. Under the current composition of parliament, the PM, his Cabinet and their supporters hold a majority loyalty of 15 or 16 out of the 26 Members of Parliament.

The allocation of votes in the House during the last few days of its proceedings for 2016, when they amended the procedures for a Vote of No Confidence, was a clear indication of where a Vote of No Confidence would go if it were to be tabled.

Cabinet secured the votes of its 12 Cabinet Ministers, plus three People’s Representatives supporters, Mateni Tapueluelu, Veivosa Light of Day Taka and ‘Akosita Havili Lavulavu. That secured the PM and his Cabinet with 15 votes.

Of the remaining MPs, Fe’ao Vakata, a former Cabinet Minister is a loose canon, and he could push the supporters figure up to 16. But even if he doesn’t, the PM and the Cabinet still secure a majority with 15 votes against 10, bearing in mind that the Speaker, Lord Tu’ivakano has a casting vote only if there is a draw, which is unlikely ever to happen.

So despite all the evidence that the situation warrants a Vote of No Confidence on the Prime Minister and his Cabinet, it is up to the 26 members that the people have elected into Parliament to have the final say.

Now at the end of the 2016 session, the situation that Tonga has got itself into is that it's not possible to change a government that is perceived as inept.

A successful Vote of No Confidence is simply not possible because of the structure of the system.

This is where the reform has left us.

Tonga Legislative Assembly

The Cabinet Ministers:
Prime Minister, Hon. ‘Akilisi Pohiva
Deputy Prime Minister, Hon. Siaosi Sovaleni
Minister of Land, Natural Resources and His Majesty's Army, Lord Ma’afu Tukui’aulahi
Minister of Finance and National Planning, Hon. ‘Aisake Eke
Minister of Trade, Labour, Police, Prison and the Fire Brigade, Hon. Pohiva Tu'i'onetoa
Minister of Revenue Collection and Custom, Hon. Tevita Lavemaau
Minister of Justice, Hon. Vuna Fa’otusia

Minister of Agriculture, Food, Forestry and Fisheries, Hon. Semisi Fakahau
Minister of Public Enterprises, Hon. Poasi Mataele Tei
Minister of Health, Dr Saia Piukala
Minister of Infrastructure and Tourism, Semisi Sika
Minister of Internal Affairs, Penisimani Fifita.

There are nine Nobles Representatives, but Lord Ma’afu Tukui’aulahi is a Cabinet Minister.

The remianing eight Nobles’ Representatives are:

1. Lord Vaea, No. 1 Nobles’ Representative for Tongatapu
2. Lord Tu’ivakano, the Speaker and No. 2 Nobles’ Representative for Tongatapu
3. Lord Tu’I’afitu, the Deputy Speaker and No. 1 Nobles’ Representative for Vava’u
4. Lord Tu’ilakepa, No. 2 Nobles Representative for Vava’u
5. Lord Tu’iHa’angana, No. 1 Nobles’ Representative for Ha’apai
6. Lord Tu’iha’ateiho, No. 2 Nobles’ Representative for Ha’apai
7. Lord Nuku, Nobles’ Representative for ‘Eua
8. Lord Fusitu’a Nobles’ Representative for Niuafo’ou and Niuatoputapu.

There are 17 People’s Representatives, but 11 of them are Cabinet Ministers.

The remaining six People Representatives are:

1. Mateni Tapueluelu, No. 4 People’s Representative for Tongatapu
2. Vili Manuopangai, No. 12 People’s Representative for Ha’apai
3. Veivosa Light of Life Taka, Chairman of the Whole House Committee, No. 13 People’s Representative for Ha’apai
4. Samiu Vaipulu, No. 15 People’s Representative for Vava’u
5. ‘Akosita Havili Lavulavu, No. 16 People’s Representative for Vava’u
6. Sosefo Fe’ao Vakata, No. 17 People’s Representative for Niuafo’ou and Niuatoputapu