From the House by Pesi Fonua

The Tonga Legislative Assembly decided not to pursue Constitutional Contempt of Assembly against a member who criticized the Prime Minister’s national tours for fasting and praying, and used references that were not fully revealed in the open session.

The Legislature had decided with votes of 12-9 to accept a report of the standing committee on privileges that a Tongatapu People's Representative, Mateni Tapueluelu, had infringed the rules of proceedings. They also claimed that the member had breached Clause 70 of the Tonga Constitution “Contempt of Assembly”, which is punishable by imprisonment.

The member was accused of using offensive language in the House, when he referred to the Prime Minister’s and Cabinet Ministers’ travel to ‘Eua to hold prayers and fasting at the government's expense, as a “pau‘u lotu” (irreverent behaviour or pretending to pray).

The words had angered the committee who also claimed that some of the member’s comments had breached the Official Secrets Act.

Most of yesterday’s proceeding in the House revolved around the controversial report by the legislature’s Standing Committee on Privileges against the member.

The national prayer and fasting gatherings were scheduled by the Prime Minister late last year and continuing into 2021, on government funding.

• ‘Eua 10-11 October 2020.
• Ha‘apai 14-15 November 2020.
• Vava‘u 5-6 December 2020.
• Tongatapu 18-19 January 2021.
• The Niuas 8-9 February 2021.

Critical

Mateni also raised the issue of Cabinet Ministers taking their wives with them and that they were also entitled for government travel allowances.

He also queried why Cabinet Ministers were going on another government-funded tour of their constituencies last year, after members of parliament had just returned from their annual constituency tours.

Letter of complaint

A letter of complaint over the member’s comments in the House was tabled by Lord Nuku and Lord Tu‘ilakepa on 13 October 2020, to be deliberated over by the standing committee on privileges of the legislature.

The committee, chaired by Lord Tu‘i‘afitu, started deliberating the complaint on 15 October last year, and according to Lord Tu‘i‘afitu, committee chairman, they had dialogue with the member and he responded to some of their questions.

However, the committee disagreed with Mateni’s responses to their queries, which they reckoned “were off the mark.”

The committee wrote again to the member on 3 November 2020, and Mateni responded by forwarding what he had told them before.

After morning tea yesterday, 13 January, the Speaker called on Lord Tu‘i‘afitu and Mateni to comment on the report of the standing committee on privileges.

Lord Tu‘i‘afitu responded by reminding the Speaker that he had “teeth as the Speaker” (meaning that he wanted the Speaker to proceed to address the constitutional issue and seek a penalty).

“That is our report, the complaint and the responses.”

Mateni, thanked the committee and the chairman. He expressed his concern that, “not one of my responses is in the report. I have a right for my voice to be heard. When my voice is heard then it's all balanced.”

After lunch the Speaker, Lord Fakafanua, called for votes to accept the report of the Standing Committee on Privileges. It was carried 12-9.

Dropped

But then the Prime Minister changed his mind. Hon. Rev. Dr  Pohiva Tu‘i‘onetoa, expressed his respect to outcome of the vote, but said that it would be very difficult to set a penalty to what had been said, “Pau‘u lotu ‘aki ‘a e ‘aukai pea ‘e mala‘ia ai ‘a e fonua ni” (behaving irreverently, will bring misfortune to the country). A fair judgment was to be made by someone else.

“Leave it to God. Let’s set this aside. Please set this aside,” he said.

The Speaker reminded the House that Lord Nuku (who launched the complaint)‚ had the final say on the decision on whether to proceed further with the Constitutional issue.

Lord Nuku said, “overturn it!”

The Speaker called for the House to close, and to reopen on 6 May 2021.