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Home > Taione to reconsider claim for judicial review of Cabinet payments to estate holders

Taione to reconsider claim for judicial review of Cabinet payments to estate holders [1]

Nuku'alofa, Tonga

Thursday, June 27, 2013 - 17:52.  Updated on Monday, September 9, 2013 - 18:40.

Tonga's Chief Justice Hon. Michael Dishington Scott, in the Nuku'alofa Supreme Court on 26 June, deferred his decision on the second of three declarations sought by a member of parliament, Sione Taione, who is calling for a judicial review of Cabinet decisions.

Chief Justice Scott deferred his decision until 23 September 2013, giving the applicant time to provide evidence to support his claim that advice was given by the Attorney General that the payments that were made by Cabinet to estate holders, Lord Kalaniuvalu and Prince Tu'ipelehake were unconstitutional.

Chief Justice Scott concluded that in view of the importance of the matter and the fact of the Attorney General's reservations, that time should be extended, giving the Crown time to provide evidence as it deemed appropriate. He suggested for such evidence to include affidavits from the Attorney General and the CEO of the Ministry of Finance.  He said that, "…once this evidence has been received it will be his [the applicant's] duty to reconsider the claim for judicial review on the Second Declaration and whether there is sufficient merit (in law, not for political purposes) to justify continuing with the judicial review procedure."

Earlier on 21 June, the Chief Justice refused the First and the Third Declarations by Sione Taione, calling for Judicial Review of Cabinet decisions for government to payout over $3 million pa'anga to three Royal estate holders, and the handing over of two government quarters to Fotu, a matapule, and an estate holder in the area of Lupepau'u Airport, Vava'u.

Chief Justice Scott rejected the First Declaration and concluded that, "In my opinion the decisions taken by the Cabinet…were perfectly legitimate exercises of executive discretion."

He also rejected the Third Declaration and said that, "…a complaint that the Land Act has not been complied with should be made to the Land Court."

Sione Taione [2]
Tonga [3]
estate holders [4]
Supreme Court [5]
Chief Justice Hon. Michael Dishington Scott [6]
From the Courts [7]

Source URL:https://matangitonga.to/2013/06/27/taione-reconsider-claim-judicial-review-cabinet-payments-estate-holders

Links
[1] https://matangitonga.to/2013/06/27/taione-reconsider-claim-judicial-review-cabinet-payments-estate-holders [2] https://matangitonga.to/tag/sione-taione?page=1 [3] https://matangitonga.to/tag/tonga?page=1 [4] https://matangitonga.to/tag/estate-holders?page=1 [5] https://matangitonga.to/tag/supreme-court?page=1 [6] https://matangitonga.to/tag/chief-justice-hon-michael-dishington-scott-0?page=1 [7] https://matangitonga.to/topic/courts?page=1