LEGISLATIVE ASSEMBLY OF TONGA
PRESS RELEASE
UPDATE IN RESPECT OF THE VOTE OF NO CONFIDENCE JUDICIAL REVIEW PROCEEDING
This is to provide an update on the judicial review proceeding against the Lord Speaker and the Legislative Assembly concerning the motion for a vote of no confidence in the Prime Minister, Hon. Hu’akavameiliku.
An application was filed by the Plaintiffs in the Supreme Court of Tonga seeking an injunction to ban/stop the Parliament from sitting until the final determination of the judicial review proceeding. The Lord Speaker and the Legislative Assembly opposed the application.
On Friday 1 December 2023, the Supreme Court issued a ruling refusing to grant an injunction. The ruling was made on the basis that it is not in the public interest for the Legislative Assembly to stop meeting, and in consideration of the need for the separation of powers between the three arms of government.
The Supreme Court also heard legal submissions made by both parties on Friday 1 December 2023 on a separate application made by the Lord Speaker and the Legislative Assembly. The application disputes the jurisdiction of the court to investigate the internal proceedings of the House on the vote of no confidence motion in the Prime Minister in the absence of a breach of the Constitution.
The Supreme Court’s judgment on the application disputing the court’s jurisdiction will be issued in January 2024.
Issued by the Acting Chief Clerk of the Legislative Assembly
11 December 2023
Office of the Legislative Assembly, Nuku’alofa, Tonga
