Candidate urges King to hold 'Atalanga sale [1]
Monday, October 25, 2010 - 23:27. Updated on Saturday, May 10, 2014 - 15:16.
TONGA'S King George Tupou V was today urged to clarify his intended sale of the Tongan royal residence 'Atalanga, in Auckland, New Zealand and to make it clear whether or not he intends to use the proceeds for his own purposes.
The property has been listed for sale with a real estate agent and is due to be auctioned on 28 October.
There is a growing controversy in New Zealand and in Tonga over whether the property is an asset held by the Monarch on his own behalf or whether it is held on behalf of the Tongan people.
Today in Nuku'alofa, a lawyer Sione Fonua, the leader of a political party Langafonua Tu'uloa, said that a letter addressed to the king was hand delivered to the Lord Chamberlain this morning, with a copy to the Prime Minister's Office. The letter requested clarification of the ownership of 'Atalanga and asked the king for a reply within two days before the auction takes place on Thursday.
They believe that 'Atalanga is a property of the state.
The letter was signed by Sione Fonua acting on behalf of the Paati Langafonua Tu'uloa, and he said today that if necessary they would seek a declaration from the courts on whether or not the King has the right to sell the property as his own personal asset.
The group believes the sale is unconstitutional under Clause 48 of the Tonga Constitution.
"Please advise me as the details of any legal authority His Majesty may have for selling the property, and if a sale does eventuate what will be done with the proceeds of sale," the letter stated.
Sione, who is a candidate for the November 25 election said that he understood that the property 'Atalanga was purchased with public funds. "It has been maintained over the years with public funds, the staff employed there have been paid with public funds and the property is in fact held on behalf of the people."
He called on the king to hold the sale, "If His Majesty had intended to sell the property and to apply the proceeds for his own purposes or for purposes other than those of the people, please confirm that the proposed sale will not now proceed."
Opposition
The letter from the Tu'uloa is a follow up to a legal opposition that was lodged by Joel Fotu on the behalf of five New Zealand based Tongan lawyers, including Sione Fonua who lodged an application with the New Zealand Land Registrar to stop the king from selling 'Atalanga.
"The King can own land here personally," Joel told Matangi Tonga, "however, 'Atalanga is recorded in his name as the constitutional head of Tonga, His heirs and successors. In that case 'Atalanga, the place is owned by the government of Tonga and its people. There is evidence from the records at the Land Transfer office, which shows that the purchase of an extra piece was with funds ordered by the late King Tupou IV from the Treasury of Tonga, at the time of the late Mahe Tupouniua being the Minister of Finance.
"There was a request by the lawyers for King Taufa'ahau Tupou IV in 1966 for dispensation from stamp duties because the purchase of the piece in 1966 was for the Government of Tonga and not the King personally.
"Furthermore, every year there is an allocation of $T100,000.00 for the Manager of 'Atalanga for the upkeep and the maintenance of 'Atalanga. This money is an allocation from the Annual Budget. It is an improvement that should belong to the Government and the people of Tonga and not the King."
Reform
Sione Fonua said that the fine line that identify the private property of the King and that of the State and the people of Tonga needed to be clearly defined before the introduction of the political reform after the November 25 General Election.
Sione pointed to a more complex issue should the case go before the Chief Justice, because since the termination of the Judiciary Service Commission, the appointment of the Lord Chancellor and a Chief Justice is done by the king.
Both Joel Fotu and Sione Fonua believed that a solution for the dispute was to leave things for the new government to deal with. A decision by the current government on the 'Atalanga issue was announced by the Prime Minister Dr Feleti Sevele in 2008, that 'Atalanga is a private property of the king.