League board and president appeal after court new election ban order

‘Oku tangi e Poate ‘Akapulu Līki’ fakataha mo e Palesiteni ki mu’a’ ‘i he tu’utu’uni kuo fai ‘e he fakamaau’anga’ ‘o ta’ofi kinautolu ke nau toe kau atu ki ha fili ‘o ha poate fo’ou. Pehē ‘e he palesiteni’ Sēmisi Sika ‘oku nau fehu’ia e tu’utu’uni’ ni he kuo te’eki ke fakahalaia’i kinautolu ‘i ha fakamaau’anga ke pehē kuo nau maumau’i ha lao lolotonga ‘enau faifatongia he Līki'’. Ne veteki foki ‘e he fakamaau’anga’ ia ‘a e Poate ‘a ia ko e Sea Stan Moheloa, Sekelitali Seniale’ Tavake Fangupō, Matani Nifofā, Siu Fangupō mo Pita Vakautakakala ‘i he tukuaki’i ne ‘ikai ke nau lava fakalele lelei ‘a e poate’ pea kuo te’eki ‘ilo e ‘alunga mo e iku’anga ‘o e ngaahi pa’anga lahi. Na’e fakamahino ‘e he Fakamāu’ ne ‘ikai kau he tukuaki’i’ ni ‘a Palesiteni Sika mo hono tokoni’ he ‘oku ‘ikai ke na mēmipa ‘i he Poate’. Ka na’a’ ne pehē ‘e ia te ne tapui pe kinaua tu’unga mei he fili fo’ou’ he’ene faka’uhinga ne ‘i ai e ngaahi fakataha ne kau ki ai ‘a e Palesiteni mo hono tokoni’ pea tokua ne na ‘ilo ai ki he ngaahi tōnounou’ ni. ‘I ha faka’eke’eke ki mu’a mo Sika’ ne ne pehē kuo ‘osi toutou lea ki he poate he ngaahi fakataha ne sea ai’ ke fakalelei’i ‘enau ngāue’. Na’a’ ne fakamahino kuo te’eki tu’otaha ke ne ngāue hala’aki hono mafai’ lolotonga ‘ene ‘i he Līki’ ‘o hangē pe ko ia ne hā mei he tu’utu’uni’ ni.

Former Rugby League Board members and president have appealed a supreme court judge’s order barring them from attending a meeting at which a new Board was elected.

Former president Sēmisi Sika said he had not been convicted in any court during the entire tenure of his office.

He said they believed the court decision has violated the democratic rights of each league club in Tonga to choose whoever they wanted to represent them in the board and presidency.

Hon. Sika said he, the former Chairman Stan Moheloa and another board member were baffled by the court decision.

As Kaniva Tonga news reported earlier, the Supreme Court dissolved the Tonga National Rugby League (TNRL) board and ordered an election of new board members.

The sacked board members included Chairman Stan Moheloa, General Secretary Tavake Fangupō, Board Director Siu Fangupō,  Board Director Pita Vakautakakala, and Board Director Mātani Nifofā.

The Court appointed Acting Attorney General ‘Aminiasi Kefu as Amicus Curiae (friend of the court) to organise and oversee new elections.

Judge L.M.Niu said the Incorporated Societies Act required that incorporated societies must be  managed in accordance with their rules and constitutions.

“When a society fails to manage or govern its funds in accordance with its rules, the Supreme Court must make the necessary orders to ensure that it does,” the judge said.

“This Court has found that the defendants have failed to govern and manage the funds of the Tonga National Rugby League in accordance with its constitution.

“Substantial funds are not accounted for.

“The Board of Directors at the time was the body responsible for that failure. The members who constituted that Board must be replaced by new members and the new members must not be persons nominated by or voted for by any person who was member of the Board responsible for the failure.

“They must not influence the nominations and voting for new members. They must therefore be excluded from the meeting at which the new Board of Directors is elected.”

Presidency

Judge Niu said the President and Vice President of the Society were not members of the Board, but could take part in meetings to ensure the board carried out its functions properly.

“Because the Board has failed to carry out its functions properly, it is clear that the President and Vice President have also failed in their duties,” the judge said.

“Accordingly, they should also be excluded from the meeting at which the new Board is elected.”

Judge Niu ordered that Acting Attorney General ‘Aminiasi Kefu, in his role as Amicus Curiae, convene and conduct a meeting to elect a new board of directors.

He said Hon. Kefu would decide all questions arising at the meeting.

“The new Board shall govern from its election until the election of the Board of Directors is completed at the general meeting which shall be convened by the new Board after the accounts of the society have been audited and after completion of appropriate actions, if any, which shall have been taken by the new Board in consequence of the results of the audit,” the judge said.

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