Politics
Sudden End To Tito's Reign, But He's Fighting Back
Council of State runs Kiribati
Whether it's a presidential tactic that went terribly wrong or an opposition strategy that hit bull's eye, Teburoro Tito is no longer Beretitenti of Kiribati. Sitting late into the night of Thursday, March 27, Kiribati's parliament, the Maneaba ni Maungatabu was debating Tito's supplementary budget bill.
The opposition led by former president and Tito's nemesis Ieremaia Tabai was bemoaning the huge sums being sought for the lease of Air Kiribati's ATR-72 aircraft. Others questioned the provision to pay for services performed years ago. It was approaching midnight when the bill was put to the vote.
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The bill was defeated 19 to 21.
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Kiribati's 90,000 population as a result woke up the next morning to the news that Tito had gone. With the bill lost, Parliamentary Speaker Taomati Iuta, an opposition nominee, had no alternative but to dissolve Tito's government and parliament.
General elections would have to be reconvened. In accordance with the republic's constitution, a Council of State had to run the government in the interim. That council comprises Iuta, Chief Justice Robin Millhouse, an Australian, and Public Service Commission chair Tion Otang, who is the council's chair.
The development was abrupt as it was startling, particularly for Tito, who had just scraped through the presidential polls in late February, and who must have been savouring what was to be his third and final term as Kiribati president. He was "expected to pay attention to his niche in the history of Kiribati," wrote Teweiariki Teaero, a ni-Kiribati academic at the University of the South Pacific. But writing in the Islands Business April edition, Teaero had predicted Tito's rule would be "a delicate one," given his pretty slim majority and having formed a cabinet "populated with a significant number of (former) ideological and political opponents."
Tito, however, was not to take the defeat lying down. Hours after the Speaker dissolved parliament, he got his Attorney General Titabu Tabane to seek clarification from the country's High Court on the legality of the Speaker's action. Specifically, the court was asked to interpret Section 88 (6) (B) of Kiribati's Constitution, the basis in which the Speaker had dissolved the Maneaba ni Maungatabu. In stating the Maneaba could be dissolved by majority of all members, Tabane wanted to know whether that majority refers to all 42 members of the House or only to the 41 current members. By the time of the vote, one member had already lost his seat after the court declared his election null and void. (On the day of the vote too, an MP belonging to Tito's group was sick and absent from parliament.)
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Chief Justice Millhouse presided over the case and upheld the Speaker's interpretation. "If yesterday (March 27, 2003) the question had been asked, 'How many members of the Maneaba ni Maungatabu are there?' The answer would have been 41," Millhouse said in his two-page decision.
"Section 78 (1) both (a) and (b) read, "by the votes of a majority of all the members of the Maneaba ni Maungatabu." There were 41 members of the Maneaba ni Maungatabu. Unfortunately, one member was absent because of sickness and could not vote.
"Forty members voted and I am informed that the vote on a motion of confidence pursuant to Section 78 (1)(b) was 19 in favour, 21 against. 21 was a majority of all the members of the Maneaba ni Maungatabu."
Tito and some of his cabinet ministers, who have since moved out of their ministerial homes in Tarawa, wanted to appeal the Chief Justice's decision.
The group hired Palmer Macauley, a law firm based in Auckland, to take up its case. Documents obtained by Islands Business revealed Macauley stressed the urgency to consider the legality of dissolving parliament.
"We note that the Honourable Chief Justice has come to an early view of the legality of the Honourable Speaker's interpretation of the words "the votes of a majority of all the members of the Maneaba," Palmer Macauley's senior partner David James wrote in a letter faxed to Tito's Attorney General.
(The letter was undated.)
"We would submit that on this important question, and in view of its significant consequences to the Government and to the future processes of Government, it is in the interests of the Republic of Kiribati that a fully argued case be presented, and a fully reasoned decision be given on the meaning of the above quoted phrase from the Constitution," the letter said.
In firmly stating the view that the Speaker and the Chief Justice's decisions needed re-consideration, Palmer Macauley proposed a complex solution to Tabane. In asking that the Attorney General consent to the application by Tito to be granted the status of "intervenor for the purpose of bringing an urgent appeal to the Court of Appeal," the Attorney General would then move on as respondent once the intervention is allowed.
All these, however, fell flat when Chief Justice Millhouse denied the intervention and threw out Tito's application.
As a last resort, the group petitioned the country's Court of Appeal. The urgency of the case and costs prompted the court to convene in Auckland, not Tarawa, as the three-member panel of judges upheld Chief Justice Millhouse's interpretation. The string of court cases appeal resulted in next month's parliamentary elections deferred to May 9.
Australian Helps Run Kiribati Until The Next Election
Kiribati's Chief Justice, Robin Millhouse is an Australian. But by virtue of
his position, he is the third member of the Council of State now running
Kiribati after its parliament was dissolved on March 27.
Under the island republic's constitution, the Council of State functions until the next government is formed. The plan is to achieve this by July when the country celebrates its independence.
Assuming power in late March, it's the third time Kiribati is being governed by a Council of State. The first was in 1982 and again in 1994.
Islands Business senior writer Samisoni Pareti interviewed Kiribati's Council of State chair, Tion Otang, a week into office.
Q: What is the priority of the Council of State?
"To keep the government ministries running and functioning until the next
government is formed. We will simply run the country under existing policies
and will not introduce any new policies or legislation. We will leave that
to the next government."
Q: In the absence of parliament, how is funding for the running of
government being made available?
"Funding for the running of government services was made available after the
Council of State carried out the functions of the Minister of Finance as
stated in the Constitution (Section 111). The warrant was issued by the
Council of State for a sum of A$32,501,519.00 from the Consolidated Fund
(which is a fund into which revenues of government like fishing licenses,
tax, other licenses and fees is paid) to keep services running until August.
"It is expected that a new government will be formed before the July independence celebrations, according to the Electoral Commission's election programme."
Q: I understand that part of the supplementary budget that was defeated in
the previous parliament was money to pay for the lease of Air Kiribati's ATR
72 aircraft. Has this been taken care of, and if so, how was this done?
"The expenses in the supplementary budget were expenses that had been paid
for since the Minister of Finance is authorised under the constitution to
use money from the Consolidated Fund prior to appropriation by the House, as
stated in the Constitution. The Public Finance (Control and Audit) Act only
allows that amount to be less than A$1 million. As the Constitution states,
the amount should be included in the next supplementary budget at the next
meeting of the House."
Q: The last election was marked by allegations of foreign government
interference. Is the council aware of this and will it try to avoid this in
the May election?
"The council is not aware of the allegation."
Q: What is the budget for the May election?
"Altogether, the budget is almost A$300,000."
Q: Where will the money come from?
"This money is in the A$32 million warrant issued by the Council of State
from the Consolidated Fund."
Q: How does the Council rate the financial status of government?
"Very healthy. The Consolidated Fund is still being used."
Q: What will be the coverage policy of state-owned media organisations in
relation to the up-coming elections? Will all candidates be given equal
coverage?
"Media organisations have the freedom to cover all candidates."
Q: How is Kiribati being represented in regional and international forums in
the absence of an elected government?
"Kiribati will still be represented in international forums. The three
members of the Council of State have divided the 13 ministries amongst
themselves in their effort to exercise direction and control over all
government departments.
"Public Service Chairman and Council of State chair Hon Tion Otang: Office of Te Beretitenti, Foreign Affairs, Natural Resources Development, Home Affairs and Rural Development, Labour, Employment and Cooperatives.
"Chief Justice Hon Robin Millhouse: Information, Communications and Transport, Works and Energy, Commerce, Industry and Tourism, Finance and Economic Planning.
"Speaker Hon Taomati Iuta: Health, Environment and Social Welfare, Education, Training and Technology, Line and Phoenix Group. International and regional meetings and forums will be attended by the member of the Council of State responsible for the concerned portfolio."
