The parliamentary Standing Committee on Privileges is reviewing a complaint from Acting Prime Minister Hon. Dr. Taniela Fusimalohi regarding the appointment of two former ministers.
Fusimalohi claims that Lord Vaea and Tiofilusi Tiueti may have been unlawfully sworn in without formal letters of appointment from the King, a constitutional requirement.
The issue arose last Thursday during a parliamentary session, where Fusimalohi cited an October 2022 statement by then Prime Minister Siaosi Sovaleni. Sovaleni had told parliament that Cabinet approved the appointments on 30 September 2022, based on the King’s endorsement through the Privy Council.
In September 2022, Parliament swore in Lord Vaea to replace the outgoing Minister Sangster Saulala, and Tiueti was sworn in to succeed the former Minister of Finance, Tatafu Moeaki.
However, Fusimalohi alleges that no formal appointment letters were issued, raising concerns over a possible constitutional breach. While Sovaleni supported an investigation into the matter, he did not refute the claims.
Hon. Viliami Latu, representing Vava’u 16, questioned the timing of the complaint, suggesting that Fusimalohi lacked concrete evidence and that the parliament had other priorities. Speaker Fakafanua directed that the complaint be reviewed by the Standing Committee on Privileges for further consideration.
Constitutional clause 51 states: “The Cabinet shall consist of the Prime Minister and such other Ministers who are nominated by the Prime Minister and appointed by the King.” While the constitution does not explicitly require formal letters of appointment, it has been standard practice to announce that ministers received such letters before being sworn in.
The Privy Council has not commented on whether the missing appointment letters were due to an administrative error or a deliberate omission, nor whether the alleged letter of recognition suffices.