From the House by Pesi Fonua

There was tension in parliament yesterday morning when the Prime Minister, Hon. ‘Akilisi Pohiva burst out in anger over how, during his 31 years in politics, there had been attempts to “get rid of me”.

He said there had been numerous court cases, and there has been bad feeling in the House toward him.

There were also petitions, and the Dissolution of Parliament, all intended to knock him out, but he warned that: “the people who elected me have strong feeling about it!”

The PM was reacting to an announcement by the Acting Speaker, Lord Tu’ilakepa, on Tuesday, regarding a petition that was tabled into Parliament on 30 May, calling for parliament to investigate seven Cabinet Ministers, including the Prime Minister, for allegedly breaching the Constitution of Tonga, as well as other legislation and Parliamentary regulations, and therefore claiming that they are not trustworthy to govern. The House was awaiting an Auditor’s Report on the Prime Minister and the seven Cabinet Ministers.

However, the PM told the House that their [his and the six Cabinet Minister's] response to the Petition would be tabled into Parliament the following day (Thursday, Sept. 20) and he moved for the House to work on their response this week.

He reminded the House that the Auditor General worked independently and that the House could not dictate to him what to do.

Lord Tu’iha’angana, meanwhile, informed the House that the Auditor had written and asked for suggestions from the House as he was drafting his “Work Plan”.

After the petition was tabled into Parliament on 30 May, the Speaker, Lord Fakafanua announced that they would inform the Auditor General of the need of an Auditor’s report on the Prime Minister and the six Ministers, then it was for the Auditor General to fit it in with his work plan. They were conscious of the independent environment that the Auditor was working under.

During the outburst the PM queried if the Auditor had audited the salaries of the Nobles.

Lord Nuku responded that they would welcome the Auditor to audit their salaries, which are released from the Palace Office.

“That is not true,” said the PM.

The Acting Speaker interjected, “I am concerned that you (PM) may be very sick” and he wanted the PM to take things at ease.

The PM responded that the Petition was directed at him.

Samiu Vaipulu, the Vava’u no. 17 People's Representative reminded the House, how important it was to have the Auditor’s report, to guide them as they deliberate over the petition.

The outburst of the PM was finally toned down, when Hon. Mateni Tapueluelu raised the issue that the independence of personnel such as the Auditor General, the Ombudsman and the Commissioner of Police, could be secured if they came under the jurisdiction of the Speaker of Parliament.

“Trust the nobles!” said the Acting Speaker. [Under the Tongan Constitution, the Speaker of the House must be a Noble].

Lord Fusitu’a expressed his concern over the influence of politicians who are in Cabinet and in Parliament on these individuals who were supposed to work independently. He believed that the right person to select such individuals was His Majesty the King.

Hon. Tu’i Uata, the appointed Minister for Labour, Commerce, Consumer, Trade and Innovation, asked Lord Fusitu’a to name a country where the selection of these individuals are not carried out by the Cabinet or Parliament.

Lord Fusitu’a responded "Kenya".

Hon. Tu’i Uata queried if there was a more civilized country.

Siaosi Sovaleni, the Tongatapu People's Representative no. 3 objected to Hon Tu‘i Uata's comment, and moved for the comment to be deleted from the Minutes.

Lord Tu’i’afitu supported Siaosi’s proposition, and the Speaker agreed. [The debate was on live broadcast].

Privy Council

Going back to issues for a non-political body to select the independent Ombudsman, Auditor General and Police Commissioner, the Ha'apai People's Representative no. 12, Moale Finau, insisted that there was politics in the Privy Council.

He said that the difference between the Privy Council and the Cabinet and Parliament was that people had access to the Cabinet and Parliament, because they could elect their members, whereas in Privy Council they could not.

Bill to Amend Constitution

After lunch break, the Legislature was dissolved into the Whole House Committee, and the Chairman, Hon. Light of Day Taka took his chair.

They continued with the debate over a Bill to Amend the Constitution, so that under the constitution there must be an Ombudsman.

Hon. Vuna Fa’otusia, the Minister of Justice, explained that under the current Ombudsman Act, the Ombudsman could not investigate the Cabinet, Privy Council, Legislative Assembly and the Judiciary.

Lord Nuku wanted to know if it was constitutional for these bodies not to be investigated by the Ombudsman, and Hon. Vuna Fa’otusia responded that that was the limit of the authority of an Ombudsman.

Lord Fusitu’a added that the Ombudsman could not investigate the departments but he could investigate the individual.

Before they broke for afternoon tea members voted on the Bill to Amend the constitution and it was carried 15-1. Against was Lord Nuku.

It was a long afternoon tea, then in the Whole House Committee a Bill to amend the Ombudsmans Act 2018 was read.

There was a brief debate before the House closed for the day.