Judiciary waiting for judges [1]
Thursday, February 3, 2011 - 23:00. Updated on Sunday, April 27, 2014 - 18:48.
By Pesi Fonua
Tonga's new government so urgently needed two bills to be passed to boost the capacity of the Tongan judiciary that the Tongan parliament had to work overtime to pass them on January 14.
But nearly a month later the two bills - a Bill to Amend the Act of the Constitution and a Bill to Amend the Act on Authority over Higher Salaries - are still awaiting the king's consent.
King George Tupou V is currently on a tour of Asia, visiting China and Japan.
Lord Chancellor
The Minister of Justice, Hon. Samiu Vaipulu told the House that the Bill to amend the Constitution was important because during the rush to implement the political reform before the 25 November 2010 election, the process for the appointment of the Lord Chancellor was overlooked.
He pointed out that the process of appointing a Lord Chancellor, and an Attorney General was similar to the process of the selection of the Speaker of the House. The King appointed an Interim Speaker and the Interim Speaker called for nomination for a Prime Minister first, then for a Speaker and a Deputy Speaker.
He said that the Bill would make it possible for the king to appoint an Interim Lord Chancellor and an Interim Attorney General to be members of a Panel, which would also include the Law Lords.
This Panel then will process applications for the positions of Lord Chancellor and Attorney General and recommend their nominations to the King, who will appoint a Lord Chancellor and an Attorney General.
Urgent
When the Minister of Justice presented the Bills to the House he stressed the urgent need for a Lord Chancellor to be appointed so that new judges could be appointed to the Supreme Court and the Magistrate's Court. The courts have backlogs of cases awaiting the appointment of new judges.
The position of a Lord Chancellor is a new one, and it was proposed following the dismantling of the Judicial Services Commission last year. Tonga has also been without an Attorney General since late last year, when John Cauchi resigned. The two posts have been vacant, apparently because there was no legal procedure for reappointments.
The Minister of Justice stressed to the House the importance for the Bill to be passed and said that he was currently carrying the portfolios of the Lord Chancellor and the Attorney General.
Before the House closed on January 14 the Bill for an Act to Amend the Constitution had its third reading and it was carried 20-0.
Higher Salaries Commission
The second Bill that government urgently wanted the House to pass was the Bill to amend the Act on Higher Salaries Commission.
The Minister of Justice stressed the importance of amending the Act so that the salaries of young lawyers in the Crown Law Department could be set by the Commission. He said that if the country wanted to have a good prosecution service in courts then these young lawyers who had just graduated from university should be given a good enough salary to keep them in the country.
Some People's Representatives queried the fact that if you do that to the lawyers, what about other professionals, such as doctors and accountants.
The Minister argued that under the existing Act the lawyers should have been included, but it had been overlooked.
On January 14 the Bill for an Act to amend the Higher Salaries Commission Act had its third reading and it was carried 14-7. Against were 'Akilisi Pohiva, Semisi Sika, Sitiveni Halapua, 'Aisake Eke, Sione Taione, Kaveinga Fa'anunu and 'Uliti Uata.
The bill will become law after the King has signed them and they are gazetted.