Part 2: Pathway to democracy.
As the island kingdom approached 2010, it was already a foregone conclusion that there would be a major constitutional reform to the political governance structure. Essentially, the changes to be made would involve the appointment of government – the executive branch, no longer to be made by the Monarch but by Parliament.
In that case, the Prime Minister would be appointed based on a majority vote of the members of Parliament. He would then appoint his Cabinet Ministers, to form a government.
Elected members of the people’s representatives were raised from nine to seventeen. They would be elected by universal suffrage. The remaining 9 seats of the 26 member House were reserved for members of the nobility – elected by the nobles themselves.
The significance of this change was that the people’s representatives would always make up the majority of the members, and if they can stand united they would set the direction of the ballot in the House, since they would hold the majority vote as people’s representatives.
It was 25 November 2010 when the first election was conducted in the kingdom under the new constitutional reformed system.
The Friendly Islands Democratic Party (PTOA), founded by the dynamic opposition leadership of ‘Akilisi Pohiva, in September of 2010, sprung into action campaigning all over the country, fielding candidates in every constituency.
PTOA won 12 out of the 17 people’s representatives’ seats, meaning they would need at least two more votes to win the prime ministership. But it did not happen, despite the high expectancy and wish among so many people that ‘Akilisi Pohiva would become the first Prime Minister elected under the new system.
The five independent people’s representatives who were not part of PTOA, joined an united nobles representatives block of nine, to win over PTOA 14-12.
Lord Tuivakano who was the nominee standing against ‘Akilisi Pohiva for Prime Minister, was voted in to become Tonga’s first Prime Minister under the “more democratic” electoral system of 2010.
Reflections of the 2010 general elections
Twelve PTOA candidates won their contests:
‘Akilisi Pohiva – TT1
Semisi Sika – TT2
Sitiveni Halapua – TT3
‘Isileli Pulu – TT4
‘Aisake Eke – TT5
Sifa Tu’utafaiva – TT6
Sangster Saulala – TT7
Sione Taione – TT8
Kaveinga Fa’anunu – TT9
Semisi Tapueluelu – TT10
Mo’ale Finau – Ha’apai 12
‘Uliti Uata – Ha’apai 13
The five independent winners were:
Sunia Fili – ‘Eua 11
Lisiate ‘Akolo – Vava’u 14
Samiu Vaipulu – Vava’u 15
Viliami Latu – Vava’u 16
Fe’ao Vakata – Niua 17
The nine noble representatives were:
Lord Tu’ivakano, Lord Ma’afu, Lord Vaea
– for Tongatapu
Lord Tu’ilakepa, Lord Tu’i’āfitu
– for Vava’u
Lord Tu’iha’ateiho, Lord Fakafanua
– for Ha’apai
Lord Lasike
– for ‘Eua
Lord Fusitu’a
– for Niua
Lord Tu’ivakano’s Cabinet
It was most interesting how Lord Tu’ivakano appointed his Cabinet. He can be credited with the vision then to form a government of national unity as reflected in his Cabinet.
Despite the fact all the noble representatives voted for him to be Prime Minister, he only appointed three of them to be Ministers: Lord Ma’afu (Lands, Environment, and Climate Change); Lord Vaea (Agriculture, Food, Forests, Fisheries), and himself in Foreign Affairs, Defence, Information and Communication.
All the five independents were appointed as Ministers: Samiu Vaipulu (DPM, Transport, Works); Sunia Fili (Finance, Inland Revenue); Fe’ao Vakatā (Training, Youth, Sports); Viliami Latu (Tourism); Lisiate ‘Akolo (Police, Prison, Fire).
There were two PTOA members appointed: ‘Uliti Uata (Health); ‘Isileli Pulu (Labour, Commerce, and Industries).
Two were appointed from outside Parliament: Clive Edwards (Justice, Public Enterprise); ‘Ana Taufe’ulungaki (Education, Women, Culture).
Tu’ivakano had a fairly strong Cabinet. There were more positives than negatives. He had the capability in government to provide a good service for the country.
The controversies during the Tu’ivakano government
Prime Minister Tu’ivakano’s first major controversy was a pass-on from the Sevele government: it had to do with money being paid to Tongasat, the satellite company headed by Princess Salote Pilolevu Tuita. Tongasat was the agent managing the satellite slots for Tonga.
Money which was sent as a grant from China to the Kingdom of Tonga was paid to Tongasat. Prime Minister Sevele and Prime Minister Tu’ivakano and their respective governments paid millions of dollars to Tongasat.
The money from China was paid to the kingdom of Tonga in two tranches. Lord Sevele was Prime Minister in 2008 when the kingdom received the first tranche. Lord Tu’ivakanō came to power in 2011 when the second tranche was received and was paid to Tongasat.
Prime Minister ‘Akilisi Pohiva and the Public Service Association (PSA) brought legal action against Tongasat in September 2018. This was revealed in Parliament by the Minister of Finance, Pohiva Tu’ionetoa.
After a long running legal battle over the Tongan government’s payment to Tongasat, the court declared the two payments totaling about TOP$90 million in aid grant funds received by the Kingdom from the People’s Republic of China in 2008 and 2011 was grant money and accordingly ‘public money’ within the meaning of the Public Finance Management Act.
The judge said the payments to or for the benefit of Tongasat pursuant to a purported agreement between the then Prime Minister of Tonga, Lord Sevele and Tongasat were invalid and unlawful.
Tongasat appealed the Supreme Court’s decision, but the Court of Appeal refused Tongasat’s application to present new evidence.
Following the seven day trial in August of 2018, Lord Chief Justice Paulsen declared that a payment of US24.45 million received by the Kingdom (when Sevele was Prime Minister) from the People’s Republic of China in 2008 was a grant and therefore counted as public money within the Public Finance Management Act.
Chief Justice Paulsen also declare that a second payment of US$25.45 million received by the Kingdom (when Tu’ivakano was Prime Minister) from the People’s Republic of China in 2011 was a grant and therefore public money within that Act.
The court said Tongasat was not entitled to the money. Despite former Prime Minister Sevele’s claim in a Radio ABC interview that the funds were “never public funds but a private deal between Tongasat and the Chinese government,” the Chinese Ambassador for Tonga, Xiao Fei Sun confirmed to ABC the money was for “the development of the local society and economy, for the benefit of the people.”
Ambassador Xiao Fei Sun said the funds from China were paid “under our aid policy.”
Having to face criminal charges
In March of 2018, Lord Tu’ivakano was arrested and charged with bribery, perjury and money laundering. He was no longer the Prime Minister but there was public reaction to his arrest. On April 2020, he was convicted of these offenses, for which he received a two-year suspended sentence and a US$1,700 fine for the offenses.
The false statement charge related to an incident in July of 2015 when, with the purpose of obtaining a passport for Hua Guo and Xing Liu and with intent to deceive Immigration. He wrote a letter stating that Guo and Xing Liu were naturalized Tongans in October of 2014.
The gun and ammunition charges related to items found during a police search of Tu’ivakano’s property in March 2018. In November 2020 an appeal saw him acquitted of perjury and making a false statement, but the conviction for possession of ammunition without a license was upheld.
Concluding remarks
Despite the personal challenges Lord Tu’ivakano faced during his term as Prime Minister, he ran a fairly strong administration. He had a vision to form a government with the nobles and peoples’ representatives working together; and he also had the plan for a Cabinet comprising of people from different political groupings.
After he lost the premiership to ‘Akilisi Pohiva, he was elected to he Speaker of the House in 2014. He is a member of Parliament, one of the nobles’ representatives for Tongatapu. He remains one of the most respected and politically wisest nobles.
