The Supreme Court of Tonga has dismissed an application for a judicial review over allegations related to parliamentary procedure during the vote of no confidence against the Prime Minister, Hon. Hu’akavameiliku, which was considered by the Legislative Assembly in September.

On Monday 8 January 2024, the Court ruled that it has no jurisdiction to hear the judicial review application made by seven Members of Parliament (Plaintiffs) challenging the Lord Speaker and the Legislative Assembly’s decision in September 2023 concerning the motion for a vote of no confidence in the Prime Minister, Hon. Hu’akavameiliku. 

“The Supreme Court dismissed the Plaintiffs’ judicial review application,” the Chief Clerk of the Legislative Assembly stated today.

The court’s ruling is in response to an application made by the Lord Speaker and the Legislative Assembly of Tonga challenging the jurisdiction of the court to investigate the internal proceedings of the House on the vote of no confidence motion in the Prime Minister, on the basis that there had been no breach of the Constitution.

“The Supreme Court in its decision, emphasized the doctrine of separation of powers, and the need for each branch of government to exercise its power responsibly and within its own constitutional sphere to avoid interfering with the lawful discharge by other branches of government of their respective constitutional functions.

“The court recognized that the principle of good governance requires the court to step back and allow the operation of the Legislative Assembly’s Rules of Procedure and internal mechanisms to deal with any alleged breach of the Rules given that the Assembly is empowered under the Constitution of Tonga to make its own rules, and to take steps itself to control the performance of its functions,” stated the Chief Clerk.

See also:

6 September 2023, PM survives Motion for a Vote of No Confidence 11-14: https://matangitonga.to/2023/09/06/pm-survives-motion-vote-no-confidence... [2]

23 October 2023, Speaker and Legislature under notice of judicial review proceedings: https://matangitonga.to/2023/10/23/speaker-and-legislature-under-notice-... [3]