The
Tonga PSA Declare
“THE
TRUTH SHALL SET US FREE!”
Friday,
5 January 2007
The
Tonga Public Service Association recently sent out an official press
release outlining what they claim really happened in the courtroom on
the 20th
December 2006. Below is the press release:
“THE
TRUTH SHALL SET US FREE!”
The
President of the Public Service Association (PSA), Dr. ‘Aivi
Puloka, and the Interim Secretary, Mele ‘Amanaki, applied on
the 18th
of December 2006 to the Supreme Court of Tonga for an injunction on a
decision made by the Prime Minister and the Government of Tonga
depriving them of their basic rights of freedom because their names
have been included in a list of persons who are blacklisted or
prohibited from going to certain areas of Tonga or leaving the country.
This
list was drawn up by the Tonga Defence Services on behalf of Government
pursuant to the Emergency Powers (Maintenance of Public Order)
Regulations which were issued on 17th
November 2006, the day after the infamous riots which left a large part
of the centre of Nuku’alofa destroyed.
On
the 13th
December, Dr. ‘Aivi Puloka was stopped by the Army soldiers
roadblock at the airport from travelling with her family to a family
re-union in New Zealand and Christmas holidays in Noumea. On
the 06th
December, Mele ‘Amanaki was stopped by the Army soldiers
roadblock on the Vaha’akolo Road from going to her home and 2
young daughters ages 9 and 6 years old. Mele’s home
is located on the King’s Road inside the restricted area of
the town of Nuku’alofa.
On
the 20th
December 2006, the chief Justice, Hon. Chief Justice Ford, commented
that apart from the injunctions, other relief is claimed including
damages which at some stage there will be a full substantive hearing to
be conducted. He also pointed out that there is nothing
unlawful in the Government having a list of persons who could probably
be described as falling within a moderated to high risk to public
safety. However, he said that it is how the list is
administered, as evidenced in ‘Aivi’s and
Mele’s cases that gave rise to concern.
The
Chief Justice said that it seems quite irrational to conclude that a
professional woman travelling to the airport with her husband and
children intending to leave the country on a Christmas vacation could
seriously be seen as a threat to public order or public safety.
He added that it seems difficult to reconcile that
Government, on the one hand, having no objection to her flying out of
the country and yet, on the other hand, denying her access past the
military roadblock to enable her to enter the international terminal,
meaning effectively that she has no way of catching an outgoing flight.
The
Chief Justice in relation to Mele ‘Amanaki, he said that the
decision to restrict her from travelling to her home and being with her
two young daughters, whilst at the same time allowing her to carry on
working in a senior government post appears, on the surface, to be
quite irrational.
Although
the Tonga Defence Services, on behalf of Government, have denied that
they had considered the cases of ‘Aivi and Mele or that they
had made any decision when listing their names of the black list, the
Chief Justice said that in reality they had indeed made a decision
which had restricted ‘Aivi and Mele’s freedom of
movement or travel, and on their (TDS) own admission, their decision
was made without any consideration of the situation. In plain
terms, the Chief Justice described the decision on the basis made by
the Tonga Defence Services on behalf of Government to be unreasonable
and irrational.
During
the conduct of the court, upon the request of the Solicitor General on
behalf of Government, the Chief Justice granted time to Government to
consider the cases. After less than 24 hours, the Solicitor
General informed the court that based on meetings between the Tonga
Defence Services and ‘Aivi and Mele individually, they have
concluded that they do not pose any risk to the public. Upon
that advice by the Solicitor General, the Chief Justice concluded that
he does not need to make any formal orders on the cases.
However, he has taken the opportunity to release an interim
judgement because he said that it is important that those Officials who
are charged with administering the Extraordinary Powers provided for in
the Regulations should have a proper appreciation of what the law
demands and expects.
‘Aivi
and Mele are members of the People’s National Committee for
Political Reform chaired by ‘Akilisi Pohiva, the Peoples No.
1 Representative to Parliament, on behalf of PSA. After the
public servants strike last year, the PSA has been actively supporting
the movement for political reform in order to keep their promise to the
People who have helped them last year.
Given
the above and the problems Tonga is encountering the PSA herewith call
on their Employers, the Prime Minister and Cabinet, to please carry out
their responsibilities in accordance with the law and for the benefit
of the whole country and not to further induce suffering to the country
by making unreasonable and irrational decisions. The PSA also
reiterated that the truth will reign at the end and it will set the
People and Tonga free.
Posted:
Setita Millar.
Email:
setita@tnews.co.nz