NUKU’ALOFA, TONGATAPU- Questions have emerged over the legality of a 2024 Cabinet decision involving part of an eight-acre parcel of Royal Estate land at Matatoa, currently occupied by Tonga Power Limited (TPL) and the new offices of the Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications (MEIDECC).
The eight-acre property forms part of the Royal Estate leased to Tonga Power Ltd for the operation of its offices and warehouse.
At the time the decision was made, former Prime Minister Hon. Siaosi Sovaleni also held responsibility for Public Enterprises, under which Tonga Power Ltd operated, as well as the MEIDECC portfolio.
According to information provided to the Tonga Chronicle, the 2024 Cabinet approved a proposal to subdivide two acres from Tonga Power Ltd’s existing eight-acre lease and allow the land to be subleased to the Government of Tonga for use by MEIDECC at a nominal rental of $1 per year.
Under the MEIDECC the following infrastructure has been built under the NDRMO- Tonga National Disaster Risk Management Office.
The arrangement reportedly followed an application by Tonga Power Ltd seeking approval to sublease the two-acre portion to the Government.
However, concerns have since been raised over whether the Cabinet had the legal authority to approve the subdivision and sublease without first obtaining the approval of His Majesty King Tupou VI.
It is alleged that, under the Constitution of Tonga and the Land Act, any alteration or subdivision of Royal Estate land requires the prior approval of His Majesty as the lawful holder of the estate. Critics argue that such approval was not obtained before Cabinet authorised the sublease.
The allegations further extend to the role of the then Minister of Lands, with claims that the two-acre subdivision was processed without the constitutional approval required for changes to Royal Estate land.
According to statements reportedly attributed to the Tonga Palace Office, the sublease was not approved by His Majesty before Cabinet made its decision. Those making the allegations contend that, if correct, the process may have been inconsistent with both the Constitution and the Land Act.
The matter has prompted a number of legal and constitutional questions, including whether Cabinet possessed the authority to approve the transaction, whether the Minister of Lands had the power to authorise the subdivision, and whether Cabinet exceeded its constitutional powers.
The issue has also sparked wider public debate over accountability, with questions being raised about whether responsibility, if any legal wrongdoing is established, rests solely with the former Prime Minister as Chair of Cabinet or collectively with all Ministers who supported the decision.
Legal observers have also questioned what remedies or penalties may apply if a court were to determine that constitutional or statutory requirements had not been followed, and whether the law should be applied equally regardless of the office held by those involved.
The land transaction is understood to form part of a wider Government project reportedly valued at approximately $58.1 million.
As of publication, no court has ruled on the legality of the Cabinet decision, and any findings regarding constitutional or legal breaches remain matters for the appropriate legal authorities.
People’s Radio 88.1 FM and Tonga Chronicle Newspaper will continue to provide updates and publish further segments as this is only the first segment as to – Who will be held accountable?.
