Controversial Bill to amend Constitution [1]
Tuesday, September 22, 2020 - 09:45. Updated on Tuesday, September 22, 2020 - 09:53.
From the House by Pesi Fonua
A proposed Bill to amend Clause 89 of the Tongan Constitution, with an additional Clause 89A, sparked off some vociferous exchanges in the Tongan Parliament yesterday, 21 September, but wording of the proposed amendment has not been released.
Clause 89 gives judges the power to direct the form of indictments to control the procedure of the lower courts, and to make rules of procedure. However, the proposed change was not read out in the House and the Bill was not made available to the media.
The Government Bill was tabled into the House on 7 September where it was carried after its First Reading with 15-0 votes. After that it was lowered to the Justice Standing Committee for its two weeks deliberation before its was re-submitted to the House.
The four members of the House’s Justice Standing Committee (with two absent) are:
Lord Fusitu’a, Lord Fakafanua (the Speaker of the House), Hon. Vuna Fa’otusia (the Minister of Justice) and Mo’ale Finau.
The two absentees are Lord Fusitu’a (Nobles Representative for the Niuas and Hon. Vuna Fa’otusia (Minister of Justice) who went for medical treatment in New Zealand a long time ago; and Lord Fusitu’a absent for over a year has been replaced on the committee by Lord Tu’iha’angana, Hon. Vuna Fa’otusia absent for over six months has been replaced on the committee by Hon. Samiu Vaipulu, the Minister for the Ministry of Trade and Economic Development.
Judges control procedure
Clause 89 Powers of the Constitution reads - The judges shall have power to direct the form of indictments to control the procedure of the lower courts, and to make rules of procedure.
According to Hon. Samiu Vaipulu, the proposed amendment to the Constitution is for judges to take Tonga’s traditional culture into consideration when making a Court Decision.
(Unfortunately, Matangi Tonga could not have access to the Bill to have a clear understanding of what was tabled into the Standing Committee).
Lord Nuku, the Minister of Police, expressed his support for the Bill, and stressed the importance for Tonga's traditional culture to be taken into consideration when a judge makes his decision. He said that the current court decision-making process is based on the British Laws. “All the Appeal Judges for our Court of Appeal are from overseas.”
Lord Tu’i’afitu however stressed that there is a big difference between Culture and Legislation. "Traditional Culture is unwritten." An example was the legislation, making it possible for parents to agree for their under age children to get married. If it was not written into law, it would be illegal.
The Speaker called for vote on the report of the Standing Committee, and it was carried 13-1. Against was Veivosa Light of Day Taka.
Mateni called for the Bill to amend the Constitution to be lowered to the Whole House Committee, but it was lunch time.
Diversion
After lunch the Prime Minister Hon. Dr Pohiva Tu’i'onetoa set the proceedings of the House in a different direction.
He announced that the new national domestic airline, the Lulutai would start its domestic service on 24 September. “Thanks God”.
New school rooms that were damaged by Cyclone Gita had been reopened. Four new Kindergartens had been opened in Vava’u, and they now had six Kindergartens. There are 24 Kindergartens in Tonga.
Schedule for Fasting and Praying
He also announced a schedule for National Fasting and Praying to protect Tonga from COVID-19:
- Fasting and Praying at ‘Eua on 10-11 October. The date marks the first birthday of his government.
- Fasting and Praying in Vava’u on 5-6 December;
- Fasting and Praying in Tongatapu from 18-19 January 2021;
- Fasting and Praying in Niuas from 8-9 February 2021.
“Fasting is the answer to our needs,” declared the Prime Minister.
Praying for fair sharing
Lord Tu’i’afitu however questioned why the village of Fatumu in eastern Tongatapu, had only one footpath on the village main road. He suggested that they should be praying for fair sharing.
He also pointed out that the same thingat the villages of Lapaha and Tatakamotonga.
The Prime Minister thanked Lord Tu’i’afitu for the information, but he pointed out that there was a working procedure.
Hon. Poasi Tei, the Minister for MEIDECC offered to clarify things for Lord Tu’i’afitu. He pointed out that the roads project is a Chinese Government Project, but they are running out of money.
Lord Tu’iha’angana pointed out that road project is from a Chinese Sister City of Ha’apai. He called for Government to get the Holopeka Road fixed before the Fasting.
The Speaker called for the House to close until 10am tomorrow.