A press release issued by the Chief Clerk of the Legislative Assembly, Dr. Sione Vikilani on Tuesday 11 January, stated the Supreme Court of Tonga has issued a ruling that the court has no jurisdiction to hear the judicial review application made by 7 members of Parliament, as Plaintiffs, challenging the Lord Speaker and Legislative’s Assembly’s decision in September 2023 concerning the motion for a vote of no confidence in the Prime Minister, Hon. Hu’aavameiliku.
The Plaintiffs’ claim the Lord Speaker and Legislative Assembly breached it’s own rules by allowing the no confidence vote to take place without sufficient debate among members. The vote of no confidence in the Prime Minister was defeated by a majority vote of 14 – 11.
The Supreme Court, on Monday 10 January, dismissed the Plaintiffs’ judicial review application. The court’s ruling is in response to an application made by the Lord Speaker and the Legislative Assembly of Tonga challenging the jurisdiction of the court to investigate the internal proceedings of the House on the vote of no confidence motion in the Prime Minister, on the basis that there has been no breach of the Constitution.
The Supreme Court’s decision emphasized the doctrine of separation of powers, and the need for each branch of government to exercise its power responsibly and within its own constitutional sphere to avoid interfering with the lawful discharge by other branches of government of their respective constitutional functions.
The court recognized that the principle of good governance requires the court to step back and allow the operation of the Legislative Assembly’s Rules of Procedure and internal mechanisms to deal with any alleged breach of the Rules given that the Assembly is empowered under the Constitution of Tonga to make its own rules, and to take steps itself to control the performance of its functions.
Source: Chief Clerk, Legislative Assembly
