Clive Edwards (Tonga)
Encyclopedia
William Clive Edwards OBE (born 11 January 1934) is a Tonga
n Cabinet Minister
and former Deputy Prime Minister of Tonga. He is a member of the People's Democratic Party
and currently serves as Minister for Justice and Minister for Public Enterprise.
where he was the first local student to pass NZ School Certificate from Tonga. He was a student of Auckland Grammar School
in New Zealand in 1953 where he gained NZ University Entrance. He studied law at the University of Auckland
and practiced in both New Zealand and Tonga before returning to Tonga permanently in 1994.
He was personally responsible for legal battles with Immigration in New Zealand that changed the face of the immigration law in New Zealand and subsequently became a model for modern international immigration law. His spirited and tenacious defences of thousands of immigrants in New Zealand resulted in thousands of Island people lawfully gaining residence and ultimately citizenship in New Zealand. His work undoubtedly enriched New Zealand society and second and third generation Pacific Island families now play prominent roles in New Zealand's cultural, business, professional and sporting life.
In Tonga and New Zealand, Edwards was well known in the Appeal Courts and at trial as a lawyer he gained acquittals for many people who would otherwise have wrongly gone, without his help, to prison. In New Zealand alone, he has conducted 24 murder cases with only 1 conviction and all manslaughter cases he trialled were acquitted
The case of R. vs. Kamipeli [1975] 2 NZLR 610 (CA), Edwards made legal history because it established clear guidelines in the law of evidence, crimes, procedures and direction to the jury when using intoxication as a defence in murder cases. It was a crossroad case where New Zealand departed from English Common Law principles which had settled this issue for 150 years where intoxication cannot be pleaded as a defence.
On his return to Tonga after a long and distinguished career in New Zealand, Edwards became involved in most of the major legal cases in Tonga, in relation to Land, Citizenship and Criminal. In the aftermath of the 2006 Nuku'alofa riots
, Edwards was responsible for the dismissal of charges for over 500 clients.
In 1976, he represented Dennis Priven who was on trial for the murder of Deborah Gardner
, and secured his acquittal on grounds of insanity.
Edwards was an unsuccessful National Party
candidate for Auckland Central in 1969 and 1972 New Zealand Elections. He was a member of a 4 man National Party Executive Council, which consisted of Edwards, Sir Keith Holyoake, Sir Jack Marshall and Sir Robert Muldoon.
(and therefore the Tongan Parliament) by His Majesty, Taufa'ahau Tupou IV
, and served as Minister of Police, Prisons & Fire Services, and Deputy Prime Minister. As a Cabinet Minister and under his Oath of Allegiance to the King of Tonga, Edwards was an opponent of democracy, banning the Times of Tonga
newspaper, ordering surveillance of pro-democracy meetings, and taking civil action suits against 'Akilisi Pohiva
and other democracy activists for defamation.
In 1996 Pohiva and two Times of Tonga journalists, Kalafi Moala and Filokalafi 'Akauola, were found guilty by the Tongan Parliament
of Contempt of Parliament, in a matter relating to then Minister of Justice and Attorney General, Lord Tevita Tupou
published publicly by the Times, causing them to be jailed for 30 days. Edwards was responsible, in his capacity as Minister of Police and Prisons, for their incarceration. The three were later awarded US$26,000 for wrongful imprisonment. He was the Government spokesperson on all matters in relation to protecting His Majesty, Taufa'ahau Tupou IV
. He was Government spokesperson on the passing of media laws which saw the Times of Tonga banned from the country in 2003 as a seditious publication, but the ban was overturned by the Supreme Court. Later in 2003 he laid a defamation complaint against the Times of Tonga after it published an article questioning his use of police housing.
In 2004 Edwards was sacked from Cabinet by Prime Minister
[[ʻAhoʻeitu ʻUnuakiʻotonga Tukuʻaho|Ulukālala Lavaka Ata]] after the collapse of Royal Tongan Airlines
. Edwards later claimed that he was unfairly sacked for opposing the government's one airline policy and for plotting to overthrow the government, in contrary to his sworn Oath.
. He contested the 2005 election
, but failed to win a seat. However, he was subsequently elected as a People's Representative for Tongatapu in a by-election following the appointment of Feleti Sevele
to Cabinet. As a people's representative, Edwards advocated democratic reform, and criticised the practice of appointing MPs to cabinet, arguing that it was a way for the government to silence its critics.
In 2005, he produced a Manifesto which outlined the Constitutional Amendments that were required in the Tonga Law to affect Democratic Change in Tonga. This document would commence the legal debate required, and it provided the road map which assisted Prime Minister Feleti Sevele
and his Government to become proactive in the establishment of Royal Commissions and to allow Parliament to enact the necessary changes. Amendments to the Constitution have been encouraged, approved and finally assented by His Majesty, George Tupou V
which will enable democratic elections to take place for the first time in Tonga's history on 25 November 2010, whereby the people will elect the majority of 17 members to the new Tongan Parliament of 26.
In 2007 Edwards was charged with two counts of sedition
in relation to the 2006 Nuku'alofa riots
. This was later reduced to a single charge of uttering seditious words. The trial has been repeatedly delayed,. Despite the charges, Edwards was re-elected at the 2008 election
. Finally in May 2010, the sedition charges against him were dismissed.
In 2010, Edwards announced that he would be promoting a private members bill to abolish whipping
and the death penalty.
Edwards stood for the seat of Tongatapu 3 in the 2010 elections
, but was unsuccessful. Following the election, he was appointed to Cabinet as a Minister outside the legislature, holding the portfolios of public enterprise and revenue services. On 1 September 2011, he was appointed Minister for Justice. He retained the portfolio for public enterprises, while the portfolio for revenue services was reshuffled to Sunia Manu Fili.
In 1995, he was made an Officer of the Order of the British Empire (O.B.E.)
by Her Majesty Queen Elizabeth II, for his services to the Law and Community and special services to Pacific Islanders.
In 1998, he was awarded by His Majesty, Taufa'ahau Tupou IV
the Tonga Service Medal and Order of Distinction.
Tonga
Tonga, officially the Kingdom of Tonga , is a state and an archipelago in the South Pacific Ocean, comprising 176 islands scattered over of ocean in the South Pacific...
n Cabinet Minister
Tongan Cabinet
The Cabinet of Tonga is the cabinet of the government of the Kingdom of Tonga. It is composed primarily of the ministers of government. The latter, including the Prime Minister, are appointed by the monarch. The Governor of Ha'apai and the Governor of Vava'u also serve on the Cabinet ex officio...
and former Deputy Prime Minister of Tonga. He is a member of the People's Democratic Party
People's Democratic Party (Tonga)
The People's Democratic Party is a political party in Tonga. It was formed after a split in the Human Rights and Democracy Movement. The party was founded on 8 April 2005 in 'Atenisi...
and currently serves as Minister for Justice and Minister for Public Enterprise.
Life and Education
Edwards was born in Kolofo'ou, Nuku'alofa, Tonga. He was educated and was first dux at Tonga High SchoolTonga High School
Tonga High School is a selective state-owned co-ed secondary school located in Nukualofa, Tonga. The school educates students aged 11 to 18 .-History:...
where he was the first local student to pass NZ School Certificate from Tonga. He was a student of Auckland Grammar School
Auckland Grammar School
Auckland Grammar School is a state secondary school for years 9 to 13 boys in Auckland, New Zealand. It had a roll of 2,483 in 2008, including a number of boarders who live in nearby Tibbs' House, making it one of the largest schools in New Zealand...
in New Zealand in 1953 where he gained NZ University Entrance. He studied law at the University of Auckland
University of Auckland
The University of Auckland is a university located in Auckland, New Zealand. It is the largest university in the country and the highest ranked in the 2011 QS World University Rankings, having been ranked worldwide...
and practiced in both New Zealand and Tonga before returning to Tonga permanently in 1994.
Legal career
As a lawyer, Edwards was heavily involved with protecting the Pacific Islander community in New Zealand when New Zealand society was strongly anti-immigration. During the 1970s and 1980s there were a series of infamous dawn raids when Police and Immigration officials would raid houses of the Pacific Island community almost at random and arrest men women and children for deportation. His office, then in Mt Eden, Auckland, was the largest sole practitioners legal office in New Zealand and he was famous for never turning away a client who actually could not pay. He was a founding member of the United Church of Tonga in New Zealand and was a substantial fund raiser. He has been the Chairman of the Board of Trustees for the church since its inception.He was personally responsible for legal battles with Immigration in New Zealand that changed the face of the immigration law in New Zealand and subsequently became a model for modern international immigration law. His spirited and tenacious defences of thousands of immigrants in New Zealand resulted in thousands of Island people lawfully gaining residence and ultimately citizenship in New Zealand. His work undoubtedly enriched New Zealand society and second and third generation Pacific Island families now play prominent roles in New Zealand's cultural, business, professional and sporting life.
In Tonga and New Zealand, Edwards was well known in the Appeal Courts and at trial as a lawyer he gained acquittals for many people who would otherwise have wrongly gone, without his help, to prison. In New Zealand alone, he has conducted 24 murder cases with only 1 conviction and all manslaughter cases he trialled were acquitted
The case of R. vs. Kamipeli [1975] 2 NZLR 610 (CA), Edwards made legal history because it established clear guidelines in the law of evidence, crimes, procedures and direction to the jury when using intoxication as a defence in murder cases. It was a crossroad case where New Zealand departed from English Common Law principles which had settled this issue for 150 years where intoxication cannot be pleaded as a defence.
On his return to Tonga after a long and distinguished career in New Zealand, Edwards became involved in most of the major legal cases in Tonga, in relation to Land, Citizenship and Criminal. In the aftermath of the 2006 Nuku'alofa riots
2006 Nuku'alofa riots
The 2006 Nukualofa riots started on 16 November, in the Tongan capital of Nukualofa. The Legislative Assembly of Tonga was due to adjourn for the year and despite promises of action, had done little to advance democracy in the government. A mixed crowd of democracy advocates took to the streets in...
, Edwards was responsible for the dismissal of charges for over 500 clients.
In 1976, he represented Dennis Priven who was on trial for the murder of Deborah Gardner
Murder of Deborah Gardner
Deborah Gardner was a 23-year-old American Peace Corps volunteer who was murdered by another volunteer in the South Pacific Kingdom of Tonga in 1976. The handling of the subsequent trial of the killer brought much criticism against the Peace Corps.-Murder:...
, and secured his acquittal on grounds of insanity.
New Zealand
Edwards was an elected councillor of the Ellerslie Borough (1967–1976) and City of Auckland (1976–1987) with the Citizens and Ratepayers Party. He was a successful local body politician and was returned by Aucklanders to the City Council year after year. He served as Auckland City Traffic Commissioner for many years in charge of traffic law enforcement. He was Chairman of the 14 Combined Auckland Community Committees for 9 years, and also Chaired the Multi-Racial Sub-committee, at a time when law enforcement in New Zealand was unashamedly prejudicial against the Maori and Pacific Island communities.Edwards was an unsuccessful National Party
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
candidate for Auckland Central in 1969 and 1972 New Zealand Elections. He was a member of a 4 man National Party Executive Council, which consisted of Edwards, Sir Keith Holyoake, Sir Jack Marshall and Sir Robert Muldoon.
Cabinet Minister
In 1996, Edwards was appointed to the Tongan CabinetTongan Cabinet
The Cabinet of Tonga is the cabinet of the government of the Kingdom of Tonga. It is composed primarily of the ministers of government. The latter, including the Prime Minister, are appointed by the monarch. The Governor of Ha'apai and the Governor of Vava'u also serve on the Cabinet ex officio...
(and therefore the Tongan Parliament) by His Majesty, Taufa'ahau Tupou IV
Taufa'ahau Tupou IV
Tāufaāhau Tupou IV, King of Tonga, GCMG, GCVO, KBE, KStJ son of Queen Sālote Tupou III and her consort Prince Viliami Tungī Mailefihi, was the king of Tonga from the death of his mother in 1965 until his own death in 2006...
, and served as Minister of Police, Prisons & Fire Services, and Deputy Prime Minister. As a Cabinet Minister and under his Oath of Allegiance to the King of Tonga, Edwards was an opponent of democracy, banning the Times of Tonga
Times of Tonga
The Times of Tonga also known as Taimi o Tonga is published by the Taimi Media Network Ltd from Auckland, New Zealand. It started publication in April 1989. It is published twice a week. The newspaper's owner and publisher is Kalafi Moala, a Tongan-American citizen.The newspaper has been a...
newspaper, ordering surveillance of pro-democracy meetings, and taking civil action suits against 'Akilisi Pohiva
Samuela 'Akilisi Pohiva
Samuela 'Akilisi Pohiva is a Tongan politician and a leading member of that country's pro-democracy movement. He is a former teacher, broadcaster, and newspaper publisher, and a founding member of the Human Rights and Democracy Movement and Democratic Party of the Friendly Islands.-Personal...
and other democracy activists for defamation.
In 1996 Pohiva and two Times of Tonga journalists, Kalafi Moala and Filokalafi 'Akauola, were found guilty by the Tongan Parliament
Legislative Assembly of Tonga
The Legislative Assembly of Tonga has 30 members, 9 members elected for a three year term in multi-seat constituencies via the single non-transferable vote system, 9 members elected for a three year term by the 33 hereditary nobles of Tonga, 10 members of the Privy Council and 2 governors. The...
of Contempt of Parliament, in a matter relating to then Minister of Justice and Attorney General, Lord Tevita Tupou
Tevita Poasi Tupou
Tevita Poasi Tupou, styled Lord Tupou of Kolofo’ou, is a Tongan judge and former politician.During his political career, he served as Attorney General, Minister of Justice and Deputy Prime Minister. He also worked as a lawyer...
published publicly by the Times, causing them to be jailed for 30 days. Edwards was responsible, in his capacity as Minister of Police and Prisons, for their incarceration. The three were later awarded US$26,000 for wrongful imprisonment. He was the Government spokesperson on all matters in relation to protecting His Majesty, Taufa'ahau Tupou IV
Taufa'ahau Tupou IV
Tāufaāhau Tupou IV, King of Tonga, GCMG, GCVO, KBE, KStJ son of Queen Sālote Tupou III and her consort Prince Viliami Tungī Mailefihi, was the king of Tonga from the death of his mother in 1965 until his own death in 2006...
. He was Government spokesperson on the passing of media laws which saw the Times of Tonga banned from the country in 2003 as a seditious publication, but the ban was overturned by the Supreme Court. Later in 2003 he laid a defamation complaint against the Times of Tonga after it published an article questioning his use of police housing.
In 2004 Edwards was sacked from Cabinet by Prime Minister
Prime Minister of Tonga
This is a list of Prime Ministers of Tonga from the establishment of that office in 1876 until the present day.-List of Premiers/Prime Ministers of Tonga :-External links:*...
[[ʻAhoʻeitu ʻUnuakiʻotonga Tukuʻaho|Ulukālala Lavaka Ata]] after the collapse of Royal Tongan Airlines
Royal Tongan Airlines
Royal Tongan Airlines was the national airline of Tonga until liquidation in 2004. It was a government agency and operated interisland services and international routes.-Formative years:...
. Edwards later claimed that he was unfairly sacked for opposing the government's one airline policy and for plotting to overthrow the government, in contrary to his sworn Oath.
Member of Parliament
Following his sacking Edwards became a critic of the government and became a founding member of the People's Democratic PartyPeople's Democratic Party (Tonga)
The People's Democratic Party is a political party in Tonga. It was formed after a split in the Human Rights and Democracy Movement. The party was founded on 8 April 2005 in 'Atenisi...
. He contested the 2005 election
Tongan general election, 2005
A General election was held in Tonga on 17 March 2005. Only nine members of the 30-seat parliament are elected, the rest appointed by the King or are members of the Tongan aristocracy. The Human Rights and Democracy Movement won seven of the nine seats...
, but failed to win a seat. However, he was subsequently elected as a People's Representative for Tongatapu in a by-election following the appointment of Feleti Sevele
Feleti Sevele
Feleti Vakaʻuta Sevele , styled Lord Sevele of Vailahi was the Prime Minister of the Kingdom of Tonga from 30 March 2006 to 22 December 2010.-Early life:Sevele was born in Ma’ufanga, Nuku’alofa...
to Cabinet. As a people's representative, Edwards advocated democratic reform, and criticised the practice of appointing MPs to cabinet, arguing that it was a way for the government to silence its critics.
In 2005, he produced a Manifesto which outlined the Constitutional Amendments that were required in the Tonga Law to affect Democratic Change in Tonga. This document would commence the legal debate required, and it provided the road map which assisted Prime Minister Feleti Sevele
Feleti Sevele
Feleti Vakaʻuta Sevele , styled Lord Sevele of Vailahi was the Prime Minister of the Kingdom of Tonga from 30 March 2006 to 22 December 2010.-Early life:Sevele was born in Ma’ufanga, Nuku’alofa...
and his Government to become proactive in the establishment of Royal Commissions and to allow Parliament to enact the necessary changes. Amendments to the Constitution have been encouraged, approved and finally assented by His Majesty, George Tupou V
George Tupou V
George Tupou V , is the current King of Tonga.-Early life:...
which will enable democratic elections to take place for the first time in Tonga's history on 25 November 2010, whereby the people will elect the majority of 17 members to the new Tongan Parliament of 26.
In 2007 Edwards was charged with two counts of sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
in relation to the 2006 Nuku'alofa riots
2006 Nuku'alofa riots
The 2006 Nukualofa riots started on 16 November, in the Tongan capital of Nukualofa. The Legislative Assembly of Tonga was due to adjourn for the year and despite promises of action, had done little to advance democracy in the government. A mixed crowd of democracy advocates took to the streets in...
. This was later reduced to a single charge of uttering seditious words. The trial has been repeatedly delayed,. Despite the charges, Edwards was re-elected at the 2008 election
Tongan general election, 2008
Parliamentary elections were held in Tonga on April 23 and 24, 2008 to elect members of the Legislative Assembly. The nobles were elected on 23 April, and the nine people's representatives on 24 April. A total of 32,000 people turned out to vote, giving a turnout of 48%.71 candidates had filed for...
. Finally in May 2010, the sedition charges against him were dismissed.
In 2010, Edwards announced that he would be promoting a private members bill to abolish whipping
Corporal punishment
Corporal punishment is a form of physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable...
and the death penalty.
Edwards stood for the seat of Tongatapu 3 in the 2010 elections
Tongan general election, 2010
Early general elections under a new electoral law were held in Tonga on 25 November 2010. They determined the composition of the 2010 Tongan Legislative Assembly....
, but was unsuccessful. Following the election, he was appointed to Cabinet as a Minister outside the legislature, holding the portfolios of public enterprise and revenue services. On 1 September 2011, he was appointed Minister for Justice. He retained the portfolio for public enterprises, while the portfolio for revenue services was reshuffled to Sunia Manu Fili.
Honours
In 1993, Edwards was awarded the New Zealand Services Medal for services to New Zealand communities.In 1995, he was made an Officer of the Order of the British Empire (O.B.E.)
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
by Her Majesty Queen Elizabeth II, for his services to the Law and Community and special services to Pacific Islanders.
In 1998, he was awarded by His Majesty, Taufa'ahau Tupou IV
Taufa'ahau Tupou IV
Tāufaāhau Tupou IV, King of Tonga, GCMG, GCVO, KBE, KStJ son of Queen Sālote Tupou III and her consort Prince Viliami Tungī Mailefihi, was the king of Tonga from the death of his mother in 1965 until his own death in 2006...
the Tonga Service Medal and Order of Distinction.
External links
- Profile at Tongan Parliament.