Tonga Supreme Court refuses injunction to stop Parliament sitting [1]
Wednesday, December 13, 2023 - 19:38
The Tonga Supreme Court has refused to grant an injunction that was sought by plaintiffs to stop the Parliament from sitting until the final determination of judicial review proceedings.
The Acting Chief Clerk of the Legislative Assembly stated on 11 December that the Lord Speaker and the Legislative Assembly opposed the application for the injunction filed by the Plaintiffs.
“On Friday 1 December 2023, the Supreme Court issued a ruling refusing to grant an injunction. The ruling was made on the basis that it is not in the public interest for the Legislative Assembly to stop meeting, and in consideration of the need for the separation of powers between the three arms of government,” the A/Chief Clerk stated.
“The Supreme Court also heard legal submissions made by both parties on Friday 1 December 2023 on a separate application made by the Lord Speaker and the Legislative Assembly. The application disputes the jurisdiction of the court to investigate the internal proceedings of the House on the vote of no confidence motion in the Prime Minister in the absence of a breach of the Constitution.
“The Supreme Court’s judgment on the application disputing the court’s jurisdiction will be issued in January 2024,” the A/Chief Clerk stated.
Allegations
The Speaker and the Legislative Assembly of Tonga are facing judicial review proceedings brought by seven Members of Parliament, over allegations related to parliamentary procedure during the recent vote of no confidence against the Prime Minister, Hon. Hu’akavameiliku, which was considered by the Legislative Assembly in September.
The judicial review is brought by seven of the ten Members of Parliament who had signed the motion of vote of no confidence in the Prime Minister.
See also;
https://matangitonga.to/2023/10/23/speaker-and-legislature-under-notice-... [2]