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PARROTING Ministry of Foreign Affairs propaganda on Fiji One News
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 THE GLORIOUS OLD JOURNALISM DAYS: |  |
FLYING FIJI'S FLAG in London after disastrous career in Tokelau Islands
*On 24 November 2017, the first (Jovilisi Suveinakama) and second plaintiffs (Heto Puka), both at that time public servants of the Government of Tokelau based in Apia, Samoa, had their employment |  |
Background
[8] The first plaintiff was employed by the Government as “General Manager –
Apia” and the second plaintiff was employed as “Director of Finance”. They are both
based in Apia, Samoa.
[9] On an unspecified date but on or before May 2017, the Tokelau Public Service
Commission (the Commission) was instructed by the General Fono to undertake an
investigation into the actions of the first and second plaintiffs in their capacity as
Tokelauan public servants. The primary concern of the General Fono related to the
plaintiffs’ actions in respect of the purchase of two helicopters by the Government and
the purchase of a property in Apia, Samoa.
[10] The investigation followed a report prepared on behalf of the third defendant
to review Tokelau governance of capital development purchases. An interim report,
dated 9 March 2017, included a comment that the Ulu O Tokelau, General Fono and
the Council all failed to exercise sufficient governance over the work of officials.
[11] In April 2017, the Council suspended the first and second plaintiffs from work
until further notice pending the investigation.
[12] The terms of reference for the investigation contained allegations that the
purchases of the helicopters were unauthorised and the purchase of the property, while
authorised, was based on unprofessional advice.
[13] The objectives of the investigation included holding a fair and objective
investigation following the rules of natural justice, to hear evidence, to hear the
responses of the plaintiffs and to make necessary inquiries.
[14] The first and second plaintiffs raised concerns with the identity of the
investigator and the terms of reference.
[15] In June 2017, the first and second plaintiffs wrote to the investigator explaining
why they considered it was fair they should be interviewed in Apia rather than Tokelau
as required, primarily because they wanted their lawyers present.
[16] On 4 October 2017, the first and second plaintiffs applied for interim relief in
respect of their suspension. On 13 November 2017, the plaintiffs received a letter
from the second defendant saying the Council approved reinstatement of their salary
to be backdated on the understanding they would cooperate with the investigation and
discontinue the application for interim relief. The salaries were reinstated and backpay
paid on 17 November 2017.
[17] The investigation report was completed on 22 September and provided to the
plaintiffs for comment on 4 October 2017. The report found the plaintiffs had not
taken necessary steps or obtained relevant approvals in respect of the purchases,
including: not obtaining Council and General Fono approval for the helicopter
purchases; not obtaining regulatory approvals from the New Zealand, Samoan and
United States’ governments to operate the helicopters; and reliance upon an
inappropriate property valuation for the property purchase.
[18] The Commissioner concluded the first and second plaintiffs had engaged in
serious misconduct and recommended dismissal. That recommendation was accepted
[8] The first plaintiff was employed by the Government as “General Manager –
Apia” and the second plaintiff was employed as “Director of Finance”. They are both
based in Apia, Samoa.
[9] On an unspecified date but on or before May 2017, the Tokelau Public Service
Commission (the Commission) was instructed by the General Fono to undertake an
investigation into the actions of the first and second plaintiffs in their capacity as
Tokelauan public servants. The primary concern of the General Fono related to the
plaintiffs’ actions in respect of the purchase of two helicopters by the Government and
the purchase of a property in Apia, Samoa.
[10] The investigation followed a report prepared on behalf of the third defendant
to review Tokelau governance of capital development purchases. An interim report,
dated 9 March 2017, included a comment that the Ulu O Tokelau, General Fono and
the Council all failed to exercise sufficient governance over the work of officials.
[11] In April 2017, the Council suspended the first and second plaintiffs from work
until further notice pending the investigation.
[12] The terms of reference for the investigation contained allegations that the
purchases of the helicopters were unauthorised and the purchase of the property, while
authorised, was based on unprofessional advice.
[13] The objectives of the investigation included holding a fair and objective
investigation following the rules of natural justice, to hear evidence, to hear the
responses of the plaintiffs and to make necessary inquiries.
[14] The first and second plaintiffs raised concerns with the identity of the
investigator and the terms of reference.
[15] In June 2017, the first and second plaintiffs wrote to the investigator explaining
why they considered it was fair they should be interviewed in Apia rather than Tokelau
as required, primarily because they wanted their lawyers present.
[16] On 4 October 2017, the first and second plaintiffs applied for interim relief in
respect of their suspension. On 13 November 2017, the plaintiffs received a letter
from the second defendant saying the Council approved reinstatement of their salary
to be backdated on the understanding they would cooperate with the investigation and
discontinue the application for interim relief. The salaries were reinstated and backpay
paid on 17 November 2017.
[17] The investigation report was completed on 22 September and provided to the
plaintiffs for comment on 4 October 2017. The report found the plaintiffs had not
taken necessary steps or obtained relevant approvals in respect of the purchases,
including: not obtaining Council and General Fono approval for the helicopter
purchases; not obtaining regulatory approvals from the New Zealand, Samoan and
United States’ governments to operate the helicopters; and reliance upon an
inappropriate property valuation for the property purchase.
[18] The Commissioner concluded the first and second plaintiffs had engaged in
serious misconduct and recommended dismissal. That recommendation was accepted
The release of a report from an investigation into the alleged misuse of millions of dollars of
government funds in Tokelau has been delayed by a pending legal case, the territory’s leader
says.
It’s been a year since Jovilisi Suveinakama and Heto Puka were fired from Tokelau’s public service,
over their role in the purchase of two helicopters and a property in Apia, which together cost
more than $US9 million.
The pair were first suspended by Tokelau’s government in April last year, on instructions from
New Zealand, before they were eventually dismissed in November at the conclusion of an investigation in their conduct.
Since then, Mr Suveinakama and Mr Puka have launched legal action against the government,
Tokelau’s Ulu, or titular head, Afega Gaualofa and New Zealand’s Administrator to the territory,
Ross Ardern.
They allege they were wrongfully dismissed and made scapegoats by Tokelau’s leaders, who
allegedly authorised the expenditure, a view backed by analysts.
But the report produced from the investigation, which was produced by the appointed
investigator, Aleki Silao, and reviewed by Commissioner Casimilo Perez, has yet to be made
public.
The release of the report is now pending the completion of the court case, Mr Gaualofa said in an
interview in Tokelau in September.
“Let the court decide all these things, and you’re not going to drag me into [this],” he said.
A hearing has been set for February, but a venue has yet to be finalised, with the plaintiffs
fighting for it to be heard in Tokelau, which would be a first for the territory.
Call for release of report
The investigation report has become a politically charged item in the controversial case, with Mr
Suveinakama and Mr Puka’s allies in Tokelau calling for its immediate public release.
Members of the Taupulega, or council of elders, of Fakaofo atoll, which last year agreed to fund
the pair $NZ50,000 towards their legal fees, have now demanded the former public servants to
be reinstated.
Two elders told RNZ Pacific the decision to dismiss Mr Suveinakama and Mr Puka was improper
because it was made before the Taupulega were given an opportunity to review the report.
“It’s unfair for me to make a decision because a decision might depend on the report,” said Safiti
Vavega.
The Fakaofo Taupulega had asked for the report to be provided to them by Mr Silao and Mr
Perez, but had not heard back, said Tinielu Tumuli.
“The main issue for us is an issue of disobedience,” he said, in reference to Mr Silao and Mr Perez.
“So, the decision against Heto and Joe to be dismissed should be reversed.”
An open rebellion
Mr Gaualofa was not present when the Fakaofo Taupulega decided to grant legal costs towards
Mr Suveinakama and Mr Puka and appears to be facing an open rebellion on his home atoll.
He would not rule out reinstating the pair, and said if the court ruled in their favour, then
“obviously they did nothing wrong”.
But the odds of a reversal of Mr Suveinakama and Mr Puka’s dismissal last year are being
gradually stacked against them.
In October, Aukusitino Vitale, a former private secretary to Siopili Perez, the Faipule of Nukunonu
atoll, was appointed as the government’s General Manager, a position last held by Mr
Suveinakama, who has since found other work and is now based in Fiji.
Mr Vitale’s “practical experiences and his ability to communicate in three languages, especially
Tokelauan, meet the requirements of the position,” Commissioner Casimilo Perez said in a press
release announcing the appointment.
Mr Suveinakama, who is of Fijian descent, does not speak Tokelauan.
Mr Puka’s former position of Finance Director had been advertised earlier this year but a
replacement has not been found yet. It is currently occupied by Alan Shaw, who has been acting
in the role since Mr Puka’s was first suspended.
government funds in Tokelau has been delayed by a pending legal case, the territory’s leader
says.
It’s been a year since Jovilisi Suveinakama and Heto Puka were fired from Tokelau’s public service,
over their role in the purchase of two helicopters and a property in Apia, which together cost
more than $US9 million.
The pair were first suspended by Tokelau’s government in April last year, on instructions from
New Zealand, before they were eventually dismissed in November at the conclusion of an investigation in their conduct.
Since then, Mr Suveinakama and Mr Puka have launched legal action against the government,
Tokelau’s Ulu, or titular head, Afega Gaualofa and New Zealand’s Administrator to the territory,
Ross Ardern.
They allege they were wrongfully dismissed and made scapegoats by Tokelau’s leaders, who
allegedly authorised the expenditure, a view backed by analysts.
But the report produced from the investigation, which was produced by the appointed
investigator, Aleki Silao, and reviewed by Commissioner Casimilo Perez, has yet to be made
public.
The release of the report is now pending the completion of the court case, Mr Gaualofa said in an
interview in Tokelau in September.
“Let the court decide all these things, and you’re not going to drag me into [this],” he said.
A hearing has been set for February, but a venue has yet to be finalised, with the plaintiffs
fighting for it to be heard in Tokelau, which would be a first for the territory.
Call for release of report
The investigation report has become a politically charged item in the controversial case, with Mr
Suveinakama and Mr Puka’s allies in Tokelau calling for its immediate public release.
Members of the Taupulega, or council of elders, of Fakaofo atoll, which last year agreed to fund
the pair $NZ50,000 towards their legal fees, have now demanded the former public servants to
be reinstated.
Two elders told RNZ Pacific the decision to dismiss Mr Suveinakama and Mr Puka was improper
because it was made before the Taupulega were given an opportunity to review the report.
“It’s unfair for me to make a decision because a decision might depend on the report,” said Safiti
Vavega.
The Fakaofo Taupulega had asked for the report to be provided to them by Mr Silao and Mr
Perez, but had not heard back, said Tinielu Tumuli.
“The main issue for us is an issue of disobedience,” he said, in reference to Mr Silao and Mr Perez.
“So, the decision against Heto and Joe to be dismissed should be reversed.”
An open rebellion
Mr Gaualofa was not present when the Fakaofo Taupulega decided to grant legal costs towards
Mr Suveinakama and Mr Puka and appears to be facing an open rebellion on his home atoll.
He would not rule out reinstating the pair, and said if the court ruled in their favour, then
“obviously they did nothing wrong”.
But the odds of a reversal of Mr Suveinakama and Mr Puka’s dismissal last year are being
gradually stacked against them.
In October, Aukusitino Vitale, a former private secretary to Siopili Perez, the Faipule of Nukunonu
atoll, was appointed as the government’s General Manager, a position last held by Mr
Suveinakama, who has since found other work and is now based in Fiji.
Mr Vitale’s “practical experiences and his ability to communicate in three languages, especially
Tokelauan, meet the requirements of the position,” Commissioner Casimilo Perez said in a press
release announcing the appointment.
Mr Suveinakama, who is of Fijian descent, does not speak Tokelauan.
Mr Puka’s former position of Finance Director had been advertised earlier this year but a
replacement has not been found yet. It is currently occupied by Alan Shaw, who has been acting
in the role since Mr Puka’s was first suspended.
Jovilisi Suveinakama has withdrawn from his appointment as the Permanent Secretary for the Ministry of Local Government.
The Public Service Commission had appointed Suveinakama as one of the newly five Permanent Secretaries last week. Chairman Vishnu Mohan says the Commission will make a further announcement in due course.
Suveinakama spent two years as a Solicitor in Fiji having been admitted to the High Court and later the Supreme Court of Samoa. He was an Advisor and the General Manager and Coordinator of Tokelau’s National Public Service. He completed his work in Tokelau in 2017 and returned to Fiji – where he has been working with and advising his indigenous land-owning unit in the Suva area on their strategic plan and its implementation.
The Public Service Commission had appointed Suveinakama as one of the newly five Permanent Secretaries last week. Chairman Vishnu Mohan says the Commission will make a further announcement in due course.
Suveinakama spent two years as a Solicitor in Fiji having been admitted to the High Court and later the Supreme Court of Samoa. He was an Advisor and the General Manager and Coordinator of Tokelau’s National Public Service. He completed his work in Tokelau in 2017 and returned to Fiji – where he has been working with and advising his indigenous land-owning unit in the Suva area on their strategic plan and its implementation.
