Tuvaluan constitutional crisis

Last updated

Prime Minister, Willy Telavi, faced a constitutional crisis following the death of his Finance Minister in December 2012 Willy Telavi.jpg
Prime Minister, Willy Telavi, faced a constitutional crisis following the death of his Finance Minister in December 2012

The Tuvaluan constitutional crisis was a political dispute in Tuvalu between the government, led by Prime Minister Willy Telavi, and the opposition, led by Enele Sopoaga, that was precipitated by the death of the Minister of Finance, Lotoala Metia MP on 21 December 2012, which eliminated the government's majority. The dispute was eventually resolved in August 2013 by a motion of no confidence in Prime Minister Willy Telavi, following which Enele Sopoaga was elected Prime Minister.

Contents

Background

Tuvalu is a parliamentary democracy. King Charles III—as the King of Tuvalu—is the head of state, represented by the Governor-General, who is appointed (or removed) by the King on the advice of the Prime Minister. The Prime Minister is elected by the members of the Parliament but it is within the Governor-General's reserve powers to unilaterally dismiss him.

The dispute began following the sudden death of the incumbent Member of Parliament for Nukufetau, Lotoala Metia, on 21 December 2012, resulting in both the government and opposition having seven representatives in Parliament. [1] Despite protests from the opposition, the ministry of the Prime Minister Willy Telavi delayed a by-election for the seat by more than six months, until June 2013, when the High Court of Tuvalu ordered that the by-election be held within 28 days of the judgment. [2] The decision was delivered by Senior Magistrate Afele Kitiona on behalf of Chief Justice Sir Gordon Ward. [3]

The decision was delivered following two separate legal challenges by both the government and the opposition that sought to determine the minister who was responsible for allowing elections to take place. [3] The ruling gave the opposition the necessary notices required to begin the by-election process in the constituency, which would allow them to gain a majority in parliament and, theoretically, pass a motion of no confidence in the government. [3] Opposition member and lawyer Taukelina Finikaso said the following after the ruling: [3] "We have certainly been working with our candidate and we are quietly confident we will be able to get through this by-election."

Crisis

By-election

The by-election was eventually held on 28 June 2013 and opposition member Elisala Pita beat the government candidate Petely Niuatui by 537 votes to 264, giving the opposition an 8–7 majority over the government in the Tuvaluan Parliament. [4] [5]

Nukufetau by-election, 2013
PartyCandidateVotes%±%
Independent Elisala Pita Symbol confirmed.svg
(opposition candidate)
53767.04+40.45
Independent Petely Niuatui
(government candidate)
26432.96n/a
Majority27334.08
Opposition gain from Government

The constitutional crisis continued as the Prime Minister announced that, under the Constitution of Tuvalu, he was only required to convene Parliament once a year, and was thus under no obligation to summon it until December 2013. [6]

Tuvalu's opposition then requested the Governor-General Sir Iakoba Italeli to intervene against the Prime Minister's decision. [7] On 3 July, Italeli exercised his reserve powers in ordering Parliament to convene, against the Prime Minister's wishes, on 30 July. [8] Opposition member Finikaso said: "It looks like we have seen the end of the uncertainty that reigned in Tuvalu for the last six months." [8] He continued by announcing that the opposition were planning to move a motion of no confidence in the incumbent prime minister and that they would put forward their candidate for the job. [8]

Reconvening of Parliament

In an attempt to avoid a vote of no confidence, Prime Minister Willy Telavi tabled a motion to dissolve Parliament, but this was subsequently defeated by the opposition by 8 votes to 5. [9] In a further twist, just minutes later, the government's Health Minister, Taom Tanukale, announced he was resigning his post, helping to dwindle government numbers further from five to four, following Education Minister Falesa Pitoi's absence due to illness. [9] Opposition member Finikaso described how the resignation 'shocked' parliament. [9]

Adjournment

Following the resignation of the Minister of Health, on 31 July 2013, the Speaker of the Tuvaluan Parliament Sir Kamuta Latasi announced he was adjourning Parliament for six weeks to allow for a by-election to take place in the Nui constituency. [10] The adjournment led to further hostility from the opposition, who hoped to move a vote of no confidence in Telavi, claiming that the Speaker has failed to "listen to the advice of the Attorney-General". [10] In response, Latasi claimed that the constitution does not allow for a vote if a constituency lacks representation, stating: [10]

If he [Telavi] is removed from Parliament he [Telavi] is removed by a two-thirds majority of the total membership. I have already acted on the advice of the Governor-General. The Governor-General has ordered that Parliament sit on the 30th of this month, which we sat yesterday. That order has been carried out by the Speaker of Parliament.

The Attorney-General told the opposition that despite the Health Minister's resignation, the motion of no confidence could still go ahead. [11] The Speaker's response prompted the opposition to seek assistance from the Governor-General for a second time so that parliament could be reconvened once again. [11] The opposition claimed that the prime minister had given no indication that he would call a by-election for Nui, which, in Tuvalu, the PM must do to allow an election to occur. [11] [12]

Dismissal of Willy Telavi

A day later, on 1 August 2013, Prime Minister Willy Telavi issued a public announcement that he had advised the Queen of Tuvalu, Elizabeth II, to remove Governor-General Itelali from his post. [13] [14] [15] The Queen gave no indication of her reaction to Telavi's letter, leaving Italeli's position secure. [14] [16]

Governor-General Italeli, acting on his reserve powers, sent out a proclamation dismissing Telavi as the Prime Minister of Tuvalu. [13] Minutes later, Opposition leader Enele Sopoaga was appointed as acting prime minister. [13]

Willy Telavi defended his actions in not calling the by-election or recalling Parliament, and placed the responsibility for the constitutional crisis with Sir Iakoba Italeli, the Governor-General, who he says intervened only five days after the by-election, "Though he got the power to do that, we are a small country where we can consult each other without resorting to this kind of exercising of powers". [17]

Appointment of Enele Sopoaga

On Friday 2 August, Willy Tevali faced a motion of no confidence, the voting was eight for the motion, four against and one abstention – the Speaker abstained from voting on the motion. [18] [19] The Governor-General ordered parliament to meet once again on the following Saturday to elect a new prime minister, [20] and a ballot held was won by the opposition leader by 8 votes to 5; following the vote Enele Sopoaga was sworn in as Tuvalu's new prime minister on 5 August 2013. [21] [22] He appointed his new cabinet to the Sopoaga Ministry the same day. [22] A High Court challenged to Telavi's removal was considered, [23] but never eventuated.

See also

Related Research Articles

The politics of Tuvalu takes place in a framework of a parliamentary representative democratic monarchy, whereby the monarch is the head of state, represented by the governor-general, while the prime minister is the head of government. Executive power is exercised by the government.

<span class="mw-page-title-main">Maatia Toafa</span> Tuvaluan politician

Maatia Toafa OBE is a Tuvaluan politician, representing Nanumea, who served two non-consecutive terms as Prime Minister of Tuvalu. He first served as prime minister, and foreign minister, from 2004 to 2006, from the resignation of his predecessor, Saufatu Sopoanga, until the defeat of his Cabinet in the 2006 general election. From 2004 to 2006 he also held the role of foreign minister.

Tuvalu elects a legislature on a national level. The Parliament of Tuvalu has 16 members, elected for a four-year term in 8 double-seat constituencies. Tuvalu is a de facto non-partisan democracy since it does not have political parties. The political system is based on personal alliances and loyalties derived from clan and family connections. It does tend to have both a distinct government and a distinct opposition. The 16 members of the current parliament are elected from eight two-seat constituencies via plurality block voting.

<span class="mw-page-title-main">Parliament of Tuvalu</span> Parliament

The Parliament of Tuvalu is the unicameral national legislature of Tuvalu. The place at which the parliament sits is called the Vaiaku maneapa. The maneapa on each island is an open meeting place where the chiefs and elders deliberate and make decisions.

<span class="mw-page-title-main">Kamuta Latasi</span> Prime Minister of Tuvalu

Sir Kamuta Latasi is a political figure from the Pacific nation of Tuvalu from Funafuti atoll. He was elected to the Parliament of Tuvalu in 1992. Latasi served as the 4th prime minister, and foreign minister, from 1993 until 1996. He has served as the Speaker of parliament from 2006 to September 2010 and again from December 2010 to March 2014.

<span class="mw-page-title-main">Willy Telavi</span> Prime Minister of Tuvalu

Willy Telavi is a Tuvaluan politician who was Prime Minister of Tuvalu from 2010 to 2013.

<span class="mw-page-title-main">Iakoba Italeli</span> Tuvaluan politician

Sir Iakoba Taeia Italeli is a Tuvaluan politician who was the governor-general of Tuvalu from 16 April 2010, until 22 August 2019, when he resigned to contest in the 2019 general election. He was not successful in that election, however he was elected as a member of parliament in the 2024 Tuvaluan general election.

Parliamentary elections were held in Tuvalu on 16 September 2010. Voters elected fifteen members of the Parliament to a four-year term. All candidates were independents, as there are no political parties in the country. Ten out of the fifteen incumbent members were re-elected. The remaining five incumbents, including Deputy Prime Minister Tavau Teii, did not retain their seats. The incumbent Prime Minister, Apisai Ielemia, retained his seat in Vaitupu constituency. On 29 September, Maatia Toafa from Nanumea won eight of the fifteen votes to become Prime Minister.

<span class="mw-page-title-main">Enele Sopoaga</span> Tuvaluan politician

Enele Sosene Sopoaga PC is a Tuvaluan diplomat and politician who was Prime Minister of Tuvalu from 2013 to 2019.

The Cabinet of Tuvalu is the executive branch of the government of Tuvalu.

Dr. Falesa Pitoi is a Tuvaluan politician.

A by-election was held in the Nukufetau constituency in Tuvalu on 28 June 2013. It followed the death of MP and Minister for Finance Lotoala Metia, who died suddenly on 21 December 2012.

Elisala Pita OBE was a Tuvaluan politician.

<span class="mw-page-title-main">Governor-General of Tuvalu</span> Representative of the monarch of Tuvalu

The governor-general of Tuvalu is the representative of the Tuvaluan monarch, currently King Charles III, in the country of Tuvalu.

<span class="mw-page-title-main">Telavi Ministry</span> 13th ministry of the Government of Tuvalu

The Telavi Ministry was the 13th ministry of the Government of Tuvalu, led by Prime Minister Willy Telavi. It succeeded the Second Toafa Ministry upon its swearing in by Governor-General Iakoba Italeli on 24 December 2010 after a vote of no confidence in former Prime Minister Maatia Toafa. Following Telavi's removal as prime minister, his ministry was subsequently brought down by the opposition's vote of no confidence and was succeeded by the Sopoaga Ministry, led by Enele Sopoaga, on 5 August 2013.

The Sopoaga Ministry was the 14th ministry of the Government of Tuvalu, led by Prime Minister Enele Sopoaga. It succeeds the Telavi Ministry upon its swearing in by Governor-General Sir Iakoba Italeli on 5 August 2013.

A by-election was held in the Nui constituency in Tuvalu on 10 September 2013. It was triggered by the resignation of the incumbent, MP Taom Tanukale, the Minister for Health, in the government of Willy Telavi.

A by-election was held in the Nanumaga constituency in Tuvalu on 14 January 2014. It followed the seat being declared vacant because of the ill-health of the incumbent Opposition MP Dr. Falesa Pitoi, on health grounds.

References

  1. Matau, Robert (January 2013). "Another by-election for Tuvalu soon?". Islands Business. Archived from the original on 2 May 2014. Retrieved 11 January 2014.
  2. "Attorney General, In re Application under Section 131(1) of the Constitution of Tuvalu [2014] TVHC 15; Civil Case 1.2013 (24 May 2013)". PACLII. Retrieved 5 April 2015.
  3. 1 2 3 4 Matau, Robert (June 2013). "Tuvalu's high court orders by-election to be held". Islands Business. Archived from the original on 21 September 2013. Retrieved 11 August 2013.
  4. "Tuvalu's former PM Sopoaga has another shot". Islands Business. 10 June 2013. Archived from the original on 21 September 2013. Retrieved 11 August 2013.
  5. "Tuvalu’s Opposition waiting to hear from GG" Archived 8 January 2014 at the Wayback Machine , Islands Business , 1 July 2013
  6. "Parliament needs one yearly meeting only says defiant Tuvalu PM". Radio New Zealand International. 2 July 2013.
  7. Coutts, Geraldine (2 July 2013). "Tuvalu opposition demands parliament be allowed to sit after weekend by-election". Radio Australia. Retrieved 19 July 2013.
  8. 1 2 3 Matau, Robert (3 July 2013). "Tuvalu's parliament convenes July 30". Islands Business. Archived from the original on 21 September 2013. Retrieved 11 August 2013.
  9. 1 2 3 Matau, Robert (30 July 2013). "Tuvalu govt bombshells". Islands Business. Archived from the original on 29 April 2014. Retrieved 11 August 2013.
  10. 1 2 3 "Tuvalu Speaker defends adjournment for six weeks". Islands Business from RNZI/ Radio Australia. 30 July 2013. Archived from the original on 9 November 2013. Retrieved 11 August 2013.
  11. 1 2 3 "Opposition seeks Tuvalu's GG's help again". Islands Business. 1 August 2013. Archived from the original on 9 November 2013. Retrieved 11 August 2013.
  12. Cooney, Campbell (31 July 2013). "Tuvalu speaker blocks no-confidence motion". Australia News Network. Retrieved 5 August 2013.
  13. 1 2 3 "Dismissal crisis rocks Tuvalu". The Sydney Morning Herald. Agence France-Presse. 2 August 2013. Retrieved 5 August 2013.
  14. 1 2 "Tuvalu government faces constitutional crisis". Australia Network News. 1 August 2013. Retrieved 8 August 2013.
  15. Cooney, Campbell (6 August 2013). "Confident Tuvalu PM voice for climate change". ABC. Retrieved 8 August 2013.
  16. Irvine, Chris (1 August 2013). "Tuvalu crisis as prime minister and governor-general try to sack each other". Telegraph (UK). Retrieved 1 August 2013.
  17. Cooney, Campbell (7 August 2013). "Former Tuvalu PM defends his actions before no confidence motion". Australia News Network. Retrieved 10 August 2013.
  18. Cooney, Campbell (4 August 2013). "Tuvalu parliament elects new prime minister". Australia News Network. Retrieved 5 August 2013.
  19. "Tuvalu opposition votes out government". Radio New Zealand International. 2 August 2013. Retrieved 5 August 2013.
  20. "Motion of no confidence debate underway in Tuvalu". Islands Business. 1 August 2013. Archived from the original on 24 December 2013. Retrieved 11 August 2013.
  21. Cooney, Campbell (5 August 2013). "Tuvalu Sopoaga elected new PM in Tuvalu". Radio Australia. Retrieved 5 August 2013.
  22. 1 2 "Enele Sopoaga Sworn-in Today as Tuvalu's New PM". Islands Business. 5 August 2013. Archived from the original on 21 September 2013. Retrieved 5 August 2013.
  23. "New Tuvalu government waits on a legal decision", Radio New Zealand International, 6 August 2013