Supreme Court Rules Against Injunction in Judicial Review of Vote of No Confidence
The Supreme Court of Tonga has issued a ruling denying an injunction in the ongoing judicial review proceeding against the Lord Speaker and the Legislative Assembly. This legal battle revolves around a motion for a vote of no confidence in Prime Minister Hon. Hu’akavameiliku.
The Plaintiffs had filed an application seeking to prevent the Parliament from convening until a final decision is reached in the judicial review. However, the Lord Speaker and the Legislative Assembly contested the application, leading to a legal standoff.
The Supreme Court’s decision, handed down on Friday, December 1, 2023, refused to grant the requested injunction. The court’s rationale behind this ruling emphasized the importance of the Legislative Assembly continuing its sessions in the public interest. The decision also took into account the necessity of maintaining the separation of powers among the three branches of government.
On the same day, the Supreme Court heard legal arguments from both parties concerning a separate application submitted by the Lord Speaker and the Legislative Assembly. This application challenges the court’s jurisdiction to investigate the internal proceedings of the House regarding the vote of no confidence in the Prime Minister, unless there is a proven breach of the Constitution.
The judgment on this jurisdictional dispute is scheduled to be issued by the Supreme Court in January 2024. The outcome of this ruling will likely play a pivotal role in shaping the course of the judicial review and its implications for Tonga’s political enviroment.
