King Tupou VI orders urgent investigations into government Featured
King Tupou VI of Tonga
26 March, 2019. King Tupou VI has referred three petitions criticising the government to the ombudsman, the attorney general and the police commissioner.
The King has called for the Anti Corruption Commission to be adequately funded.
The ombudsman has been also directed to consider the claims of maladministration made in the petitions and to take appropriate action in response.
The attorney general and the police commissioner are to bring any prosecutions if they consider there has been any breach of criminal or civil law.
The King's decision in Council was based on the advise of the judicial committee of the Privy Council, and a legal opinion from the acting attorney general.
The decison stated as follows;
In accordance with a Decision by His Majesty in Privy Council dated Thursday 21 March 2019, the Lord Privy Seal is to inform the Media and the Public of the following:
[1] Having regard to three (3) Petitions1 concerning His Majesty’s Government, His Majesty in Privy Council decided as follows:
[a] TO Refer the Petitions to the Ombudsman so that, as a matter of urgency he may consider the same, conduct such investigations and take such action as he considers appropriate, and make a determination on any instance of mal-administration which he finds to have been established to his satisfaction: and to report back to His Majesty;
[b] TO Direct His Majesty’s Government, as a matter of urgency, to provide adequate funding for the Anti Corruption Commission effective 1 July 2019, including remuneration for the Commissioner at a Judicial Level salary to be approved by His Majesty; and,
[c] TO Refer the Petitions to the Attorney General, the Director of Public Prosecutions, and the Commissioner of Police for Investigation and thereafter for:
[i] Prosecution of any breaches of the Criminal Law, where a prima facie case is established;
[ii] Civil Litigation as considered appropriate to uphold the integrity of the Constitution and the Laws of the Kingdom of Tonga; and to Advise His Majesty, from time to time, on progress therewith.
[2] His Majesty in Privy Council did consider the Interim Advice of the Judicial Committee of Privy Council2 and the Legal Opinion of the Acting Attorney General.
[3] Advice by the Committee on Tongan Traditions3 to the Judicial Committee of Privy Council as to the Petitions with regard to any pertinent issues bearing upon Tongan traditions and Tongan culture will be considered further by His Majesty in Privy Council when it has been received.
The petitons were submitted to the Palace Offcie on 18 February by members of Komiti Fakafonua ki hono Fakafepaki'i Faihala a national committee which has been establshed to fight against corruptions.
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Ko etau Palemia, kuo ikai ke fakalongolongo pe mu'a ke ngalipoto:
27th March, 2019 TONGAN The Prime Minister, Hon Samuela ‘Akilisi Pohiva, today welcomed His Majesty in Privy Council’s decision regarding the Petitions that called on His Majesty in February 2019 to: dissolve the Legislative Assembly again; establish an independent commission to investigate allegations of mal-administration and abuse of authority by the Prime Minister and his Ministers and others associated with him; consider establishing an interim government that was independent to organize new Legislative Assembly elections and to support the work of the independent commission.
The Hon Prime Minister said, “I welcome His Majesty in Council’s decision because it implies that the petitioner’s call for the dissolution of the Legislative Assembly and the establishment of a commission of inquiry and an interim government to organize new elections was not approved”.
“I totally support His Majesty in Council’s decision to instead to refer the Petitions to: the Ombudsman to determine any instances of mal-administration and report back to His Majesty; to the Attorney General, the Director of Public Prosecutions and the Commissioner of Police, for investigation and prosecution of any breaches of the Criminal Law and for filing civil litigation considered appropriate to uphold the integrity of the Constitution and the Laws of the country”, the Prime Minister added.
The Hon Prime Minister continued, “In my public response to the Petitions that was issued on 22 February I had acknowledged the Petitioner’s constitutional right to petition His Majesty but I called on them to first submit their allegations to the offices of the Ombudsman, the Attorney General, and the Tonga Police to first investigate. I had also suggested that they should also submit their allegations of misuse of public finances and resources to the office of the Auditor General”.
With regards to the directive to His Majesty’s Government to provide adequate funding for the Anti- Corruption Commission effective from 1 July 2019 including the remuneration for the Commissioner, the Hon Prime Minister said that he will submit this to Cabinet as soon as possible.
The Hon Prime Minister also pointed out that it was significant that His Majesty in Privy Council had also directed that the Petition should also be referred to the Director of Public Prosecutions because under the present Constitution, that office does not exist. He said, “The Bill to amend the Constitution so that the office of the Director of Public Prosecutions can be established is one of those six Bills that I had submitted to the Legislative Assembly to be treated as “urgent”, and it is unfortunate that its passage has been held up due to differences in interpretation of the Rules of Procedure of the Legislative Assembly”.
ENDS
Kapau oku 'ikai ke iai ha ofisi DPP e take up e case ehe ofisi Ateni Seniale. Toe omai mo ene fakauhinga ko e refer e me'a ki he u ofisi ko e ikai ke TALI, masii ee, mea koe faahinga fakauhinga fakatoulekeleka. -
CORRECTIONS SPENCER W. FOLAU...The FB repeaters are the "Fake News" makers. Before the King makes his "checkmate" move, he wants to setup the trap. Fake News Makers are "useful idiots" of the PM and wisecrackers who are spinning lies so often to become truth.
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The Facebook repeaters runs with this news saying the King rejected the petition. I suspected it is due to the King not dissolving the Falealea. I do not know why the King would dissolve the Falealea due to a petition. There is a process in place to be executed before the King could dissolve the Parliament. Once the petition is vetted to be true then the King has the bases to dissolve it. That is the correct process. The other method is the prerogative option. The King appears not to favor that method today. Just curious why the King is so quick to announce this problem in the UN.