By Pesi Fonua

The Speaker of Tonga's Legislative Assembly Lord Tu'ivakano today on national radio outlined his many serious concerns about the government of Hon. 'Akilisi Pohiva that he had brought to the attention of King Tupou VI last week. His move was sparked by what he said was evidence last week that government was pushing to do away with the Constitutional authority of the King to endorse legislation.

In response to these concerns, King Tupou VI dissolved the Tonga Legislative Assembly on August 24, for the first time in Tonga's history using the Constitutional power of the monarch to dissolve parliament and call early elections.

The Kingdom of Tonga is currently being run by the present government as a "Caretaker Government" until a General Election will  be held in November – a year ahead of the previously scheduled date of 25 November 2018.

The Speaker's list of problems with the way the government is running Tonga affairs is a summary of the chaotic state of affairs, since they came into office at the end of 2014, that most Tongans have become aware of in one way or another as it impacts their lives.

King Tupou VI on 24 August dissolved the Tongan Parliament and called for an early General Election to be held “no later than 16 November 2017”.

Attorney General

Today the Acting Attorney General ‘Aminiasi Kefu, at a press conference said the decision is a prerogative of His Majesty, and the King does not have to disclose the reasons why he made such a decision, and this Constitutional right cannot be challenged in court.

The King's decision to dissolve parliament, according to a Press Statement from the Office of the Lord Chamberlain yesterday, was made after considering the advice of the Speaker of the House, Lord Tu’ivakano.

Lord Tu’ivakano this morning on Radio Tonga outlined what he had presented to the King. He said he had become greatly concerned when early last week there was evidence that government was making moves to do away the authority of the King to endorse legislation.

Lord Tu’ivakano said that some of the issues that he brought to the attention of His Majesty were:

1. The infringement by the Prime Minister and Cabinet of the King’s prerogative by going ahead and signing the international agreements, CEDAW and the PACERPlus free trade agreement, without the consent of the King.
2. Bills have been presented to the House for the Prime Minister and Cabinet to take over from the King and the Privy Council the right to appoint the Police Commissioner and the Attorney General. The Speaker was convinced that such a move would politicize the appointments.
3. The Speaker was concerned that the Prime Minister had made jokes of the Democratic Process, the Rule of Law, and Transparency. When one of the PM's Cabinet Ministers was impeached and found guilty the PM pleaded with Parliament to allow him to punish his own Cabinet Minister. He did not.
4. The Speaker pointed out what he considered to be blatant dishonesty by government, that a Levy on Foreign Currency Exchange that was intended to hel p finance the 2019 Pacific Games remains in place despite the fact that Tonga had terminated the contract that it signed in 2012 to host the 2019 Pacific Games.
5. Lastly, the Speaker expressed his disappointment that Government on 1 July 2017 increased the Income Taxes, then three days later on 4 July gave all Cabinet Ministers salary rise.

Crown Law

Acting Attorney General

The press conference was expected to be with the Prime Minister at the Fa'onelua Centre after he finished his closed meeting with his Ministers and CEOs. But following the meeting he left the building.

The Acting Attorney General 'Aminiasi Kefu then agreed to address to the press conference to explain the legal aspects of how the King had dissolved parliament, from the perspective of the Crown Law.

"This is the first time, as I understand, it that it's ever been used since the Constitution was granted in 1875. ...The Constitution has been interpreted to work," he said.

"The legal advice that I've provided to the Prime Minister and Cabinet is yes, it's legal and valid and we had to implement that decision. That decision is based on a personal royal prerogative of HM and cannot be challenged in court because of that fact.

"At the moment we are going to implement that decision as best we can and also to ensure there is continuity of governance and stability within the country.

"I was aware that there were other reports that the advice was unlawful but that's not true," he said.

"Under the Constitution His Majesty is not required to provide a reason."

"There is no requirement under the law that His Majesty has to inform people beforehand."

The Attorney General agreed that the event was unusual.

"From a personal standpoint for me it's clear, I'm happy that it's happened, because it shows that our democracy is working, the Constitution is working," he said. "No one is out on the streets protesting, the government hasn't halted so it just shows the maturity of the Tongan Constitution, the laws and also the people, maintaining that continuing stability.

"Fears about there being violence protests, which is unfounded. Everything continued, it was business as usual after the announcement was made."

He said 'Akilisi Pohiva is still the Prime Minister of Tonga and his ministers are still ministers, and will continue until after the General Election when the people of Tonga will elect new members of parliament.

"Those representatives of Parliament will then select a Prime Minister, as the first item on their agenda... So it could be all of the current government or it could be new people," he said.

In the meantime, the government is expected to run according to its budget, but if there were unusual or unnecessary expenditures it would have to be approved by the Minister of Finance, he said.

Also answering questions today were the Solicitor General Sione Sisifa and the Chief Secretary and Secretary to Cabinet, Palenitina Langa'oi. At the Press Conference also was the Legal Advisor to the Prime Minister, Sela Moa.