Supreme Court’s Ruling on
Tonga Broadcasting Commission Director’s Termination
Lord Chief Justice O. G. Paulsen’s ruling held that the Minister for Public Enterprises’s, Hon. Poasi Tei, decision to terminate Lady Dowager ‘Eseta Fusitu’a and Lady Dowager Tuna Fielakepa’s appointments as Directors for Tonga Broadcasting Commission (TBC) was not in accordance with the Public Enterprises Act (PEA), s 14(6) and s 14(7), in contrast, it was a pre-determined discretion to facilitate necessary reformation on the Boards of Directors (BOD) for Public Enterprises (PEs).
The evidences submitted included correspondences, Cabinet decisions and the Chief Executive Officer for Public Enterprise’s (CEO) affidavit. However, the Court opined the above evidences were not sufficient to prove the decision was based on the PEA, s 14(6) and s 14(7).
The Supreme Court (Court) pointed out a lack of evidence on the Sub-Committee to Cabinet’s proceedings determining the termination of the two (2) Directors from the BOD for TBC and any reports to Cabinet thereof. The Court further emphasized concern in an absence of an affidavit from the Minister supporting the ethos of Cabinet decisions and his discretion in terminating the two (2) TBC Directors.
The Minister did not submit an affidavit based on legal advice that the evidences submitted, including the CEO’s affidavit, were sufficient to prove the rationale of the decisions. The Courts decision was based on the submitted evidences acquired and reasonings in trial.
Presently, Cabinet has yet to confirm on a way-forward on the above. It is important to note that the Minister and Cabinet’s methodology were adopted with respect, good intentions and in the public’s interest. The decision implemented was not pleasant nor considered with ease, especially regarding our fellow countrymen, nevertheless, this is part of today’s Government’s motion at a greater Nation.
The PE BOD reforms continue in application to the Transport Sector, comprising of Tonga Airports Limited, Ports Authority Tonga and Friendly Islands Shipping Agency, to take effect on 01 May 2016. Subsequently, the PE reform shall apply to the Agriculture Sector, comprising of Tonga Market Ltd and Tonga Forest Product Ltd. The inclusion of Tonga Exports Quality Management Ltd has yet to be confirmed.
In addition to the financial increases the PE reform shall impose on PE revenue and dividends in the immediate future, the Utilities and Information & Technology Sector PEs have been co-operating successfully on non-financial priorities and shared specialties. Furthermore, the Ministry of Public Enterprises and its PEs are currently addressing other priorities (details shall be available at a later date), however, the following principle results are as follows:
Ministry of Public Enterprises,
P. O. Box. 19,
KINGDOM OF TONGA.
Telephone: (+676) 28-144 / 28-808
Fascimile: (+676) 24-598
Arrival of New Landfill Compactor in Tonga
The Australian Government through DFAT and the Asian Development Bank have jointly funded the purchase of a new landfill compactor for the Waste Authority. Weighing an impressive 22 tonnes, this machine is specifically designed to crush rubbish at landfill sites, which increases the life span of the landfill site.
The new landfill compactor
“A landfill site is an important asset for Tonga” said Mr Malakai Lomu Sika, the CEO of the Waste Authority. “By having this machine here, we will preserve the site for many more years.”
Hon. Poasi Tei, Minister for Public Enterprises is cutting off the ribbon, before handing over the new compactor to representative from Waste Authority Limited (WAL)
The Nuku’alofa Urban Development Project has been funded by the ADB and DFAT to improve urban infrastructure and services. “Water supply and waste management are essential services to urban living, and this is where the project has a strong focus” said Mr Sevenitini Toumoua, the Deputy Team Leader. “We are happy to see this Bomag compactor manufactured in Germany arrive on site. At a value of $475,000 US Dollars, it is a significant investment”.
From left to right: Three (3) invited guests, Australian Deputy High Commissioner to Tonga - Kathleen Bombell, Hon. Poasi Tei (Minister for Public Enterprises), Mr. Carl Sanft (Chairman - WAL Board of Director), Dr. Nailasikau Halatuituia (Director - WAL Board of Director), Mr. Sione H. Taione (Director - WAL Board of Director) and Mr. Malakai Lomu Sika (CEO - WAL)
The contractor for the supply of the machine is Intracor Commodity Exports from New Zealand. Training and commissioning is taking place at the Tapuhia Landfill from Tuesday the 22nd March through to Thursday 24th March. Concurrently Intracor will also be commissioning a new crane lift truck, training Tonga Water Board staff in the safe use and maintenance of this equipment. This truck has a value of approximately $102,000 US Dollars, and will be used in TWB operations.
Please contact Malakai Lomu Sika on 7863855 for further details from the Waste Authority; or Sevenitini Toumoua on 7702165 for details from NUDSP.
His Majesty's Cabinet approved, as per CD No.204 of 4th March 2016 that Mr. Metuliki Fakatava (left) and Mr. Hakaumotu Fakapelea (right) be appointed as an Interim Directors of Friendly Island Shipping Agency Limited (FISA) effective from 20th January 2016 until the reform is completed by appointing Directors to the Shared Directors for the Transportation Sector.
Workshop on Emerging Global and Regional Trade Issues for the Commonwealth Pacific Island Countries
Venue: Scenic Hotel
Hosted by: Ministry of Foreign Affairs and Trade
Date: 12-13 November 2015
A two-day’ workshop on Emerging Global and Regional Trade Issues for the Commonwealth Pacific Region began at the Scenic Hotel, Pelehake, Tongatapu on the 12-13 November 2015. His Excellency, the Crown Prince, Tupouto’a ‘Ulukalala was the Guest of Honor at the opening ceremony. The opening remarks by the Acting Prime Minister and Minister for Foreign Affairs and Trade the Hon. Siaosi Sovaleni followed by Commonwealth Secretariat. In his opening remarks, Hon. Siaosi Sovaleni said that recent global developments have provided “a widow of opportunity to improve our trade and development efforts.”A question that I want to post to you. How can we ensure that all our Pacific people actually benefit from this window of opportunity?"
He also reminded participants that International Trade and Investment "are the engine for an inclusive economic growth, and poverty reduction."
At the workshop are Senior Trade Policy Officials from across the Commonwealth Pacific countries and policy-makers from across the region and the commonwealth to build a greater understanding of emerging trade-related developments facing the Pacific and to discuss policy options on how to address them.
Here are the following sessions that schedule to be covered each day:
12th November 2015
13th November 2015
For the second day of the workshop, I was able to sit in on 2 of the sessions… Session 5 & Session 6.. This is just a bit of information I was able to get out of the presentations as I had only attended a part of the presentations scheduled for the day…..
Session 5: Trade Facilitation: This session mainly highlights the issues with trade in the Pacific which were mainly environmental issues as well as talking about Value Chain – how we could add value to each step and processes of activities
Some of the main concerns were the costs to trade associated with these issues
Session 6: Regional Integration in the Pacific
Public Policy Monitoring and Evaluation Training (27th – 30th October 2015)
Conducted by: Mata’afa Dr. Desmond Amosa, Regional Advisor, Pacific Island Center of Public Administration (PICPA)
Policy Monitoring and Evaluation in the main, is about accountability and learning. The workshop in essence was a step by step guide on how to evaluate a policy within a government ministry for accountability and learning purposes.
Some common problems with evaluation processes across the Region were identified at the very beginning of the workshop, which are:
Output: represents the amount of work done, are the immediate results of activities, are products and services, and reflect a change in the supply of these products and services e.g. number of schools built, number of new curricula adopted…
Outcome: represents the use or application of outputs. Outcomes reflect a program’s benefits e.g. improved learning among students….
The 4 days period training was a step by step guidance of the evaluation processes of a Policy which are as follow:
Policy Evaluation Steps
Impacts Outcomes Outputs Activities Inputs
Start with the Desired Impacts and work back to define process through which they will be achieved
Best used for in – depth understanding of the intervention
Are numerical and analyzed with statistics
“One of the great mistakes is to judge policies and programs by their intentions rather than their results” – Milton Friedman
workshop attended : Ms Maile Tu'itavuki and Mr Pesalili Latu