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2013 Nukufetau by-election
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Tuvalu by-election in 2013
January 2024
2013 Nukufetau by-election presidential Tuvalu One of the two Nukufetau seats in the Parliament of Tuvalu.Elected by simple majority using first past the post. no 2010 Tuvaluan general election 2010 2015 Tuvaluan general election 2015 28 June 2013 Elisala Pita Independent (politician) Opposition Government 537 67.04% Petely Niuatui Independent (politician) 264 32.96% MP Lotoala Metia Independent (politician) Elisala Pita Independent (politician)
A by-election was held in the Nukufetau constituency in Tuvalu on 28 June 2013."Tuvalu’s former PM Sopoaga has another shot" https://web.archive.org/web/20130921053304/http://www.islandsbusiness.com/news/tuvalu/1437/tuvalus-former-pm-sopoaga-has-another-shot/ 2013-09-21 , Islands Business, 10 June 2013 It followed the death of MP and Minister for Finance Lotoala Metia, who died suddenly on 21 December 2012.
The by-election ultimately played a key part in an unprecedented constitutional crisis, culminating in a change of government.
Context
The by-election was seen as crucial for the future of Prime Minister Willy Telavi's government, which was reduced by Metia's death to a parity of seven seats apiece with the Opposition in Parliament. The government had previously survived a by-election in August 2011 caused by the death of Minister for Works Isaia Italeli."Political future of Tuvalu’s PM awaits decision of by-election in Nukufetau" https://web.archive.org/web/20130208153341/http://islandsbusiness.com/news/index_dynamic/containerNameToReplace%3DMiddleMiddle/focusModuleID%3D130/focusContentID%3D30854/tableName%3DmediaRelease/overideSkinName%3DnewsArticle-full.tpl 2013-02-08 , Islands Business, 10 January 2013
Nukufetau is a two-seat constituency. In the 2010 general election, it had returned Enele Sopoaga and Lotoala Metia, respectively with 40.46% and 32.95% of the vote, ahead of one other candidate (incumbent Elisala Pita).Tuvalu Election Results, 2010 general election, Tuvalu News For the by-election, of course, only one seat would be provided for, Sopoaga (the Leader of the Opposition) retaining the other.
By early February 2013, no date had been set for the Nukufetau by-election, prompting the opposition to accuse the government of unnecessary (and potentially unconstitutional) delay. Tensions were reported on Nukufetau between supporters of the government and supporters of the opposition, with fears of violence, accentuating calls that the election should be decided swiftly. The opposition was campaigning actively for the seat, before the by-election had even been called."Tuvalu by-election divides Nukufetau, even more", PacNews, 5 February 2013 Nukufetau's council of elders (Falekaupule) reportedly backed the opposition, as they had been doing for a while; in 2011, the elders had unsuccessfully asked Metia to "reconsider his allegiance" to Telavi, and to support Sopoaga instead."No dates set yet for Tuvalu by-election" https://web.archive.org/web/20140429161226/http://islandsbusiness.com/2013/3/politics/no-dates-set-yet-for-tuvalu-by-election/ 2014-04-29 , Islands Business, March 2013 By mid-March, the government had still not set a date for the by-election, and Opposition MP Taukelina Finikaso accused the Telavi government of having shelved a water supply project on Nukufetau, so as to punish the atoll for its elders' lack of political support.
At the start of April, Finikaso lodged a claim in the High Court of Tuvalu, seeking an injunction to compel the government to proceed with the by-election. He argued that the government was afraid of losing its majority through the by-election, Parliament not having sat since Metia's death had rendered the seat vacant in December."Tuvalu MP takes court action to force by-election", Radio New Zealand International, 2 April 2013 Prime Minister Telavi responded that he wished to see the tensions on Nukufetau resolved before a by-election was held. He pointed to "a number of officials" having been dismissed by the local council, identifying this as a source of tension and division, and called for reconciliation before the election."Tuvalu PM wants reconciliation on Nukufetau before by-election", Radio New Zealand International, 3 April 2013 He stated that the dismissal of officials, which he described as "wrongful", led him to doubt whether the election would be "free and fair"; hence the delay, he explained."Tuvalu’s PM says divisions must be sorted before by-election proceeds", Radio New Zealand International, 3 April 2013
In May, complications emerged in relation to the court hearing due to rule on Finikaso's claim. Tuvalu's Chief Justice Sir Gordon Ward was a resident of New Zealand; to reach Tuvalu, he had to transit via Fiji. (The only flights to Funafuti International Airport are from Fiji.) He had formerly served as President of Fiji's Court of Appeal, but had resigned following the 2006 Fijian coup d'état; he had then criticised Fiji's military government. The Fiji government refused him transit, stating that Tuvaluan authorities had not "submitted the proper paperwork in time". Ward then offered to hear the case in New Zealand, which Finikaso accepted."Travel ban delays Tuvalu hearing on by-election", Radio Australia, 13 May 2013 The Tuvalu High Court ruling was issued in Auckland on 24 May, PACLII Attorney General, In re Application under Section 131(1) of the Constitution of Tuvalu [2014] TVHC 15; Civil Case 1.2013 (24 May 2013) http://www.paclii.org/tv/cases/TVHC/2014/15.html 5 April 2015 ordering that the by-election must be held within twenty-six days. Matau Robert Tuvalu's high court orders by-election to be held Island Business June 2013 http://www.islandsbusiness.com/2013/6/politics/tuvalus-high-court-orders-by-election-to-be-held/ dead https://web.archive.org/web/20130921053300/http://www.islandsbusiness.com/2013/6/politics/tuvalus-high-court-orders-by-election-to-be-held/ 2013-09-21"Tuvalu Supreme Court rules by-election must be held", Radio Australia, 24 May 2013 The government then announced the election would be held on 28 June 2013.
Candidates
The government nominated Petely Niuatui, a teacher. Were she to be elected, she would be only the third woman ever to be elected to the Tuvaluan Parliament, which for the first time ever would have two female MPs simultaneously.
Two candidates were "nominated by the Nukufetau community with a strong Opposition backing", with the understanding that one or the other would withdraw. One was Saufatu Sopoaga, former Prime Minister (2002-2004) and elder brother of the other sitting Nukufetau MP, Opposition leader Enele Sopoaga. The other was Elisala Pita, formerly an MP for the constituency from the 2003 by-election until his defeat in the 2010 general election. It was eventually decided that Pita would be the Opposition's candidate."By-election today determines Telavi govt’s future" https://web.archive.org/web/20140429162417/http://islandsbusiness.com/news/tuvalu/1613/by-election-today-determines-telavi-govts-future/ 2014-04-29 , Islands Business, 28 June 2013
Result and consequences
Tuvaluan constitutional crisis
Pita won the seat by a landslide, with over two-thirds of the vote. The Opposition now had a majority of seats (eight to seven), and immediately called for the government to reconvene Parliament, which had not sat since Metia's death in December."Tuvalu’s Opposition waiting to hear from GG" https://web.archive.org/web/20140108011424/http://www.islandsbusiness.com/news/tuvalu/1636/tuvalus-opposition-waiting-to-hear-from-gg/ 2014-01-08 , Islands Business, 1 July 2013 A constitutional crisis developed when Prime Minister Telavi responded that, under the Constitution, he was only required to convene Parliament once a year, and was thus under no obligation to summon it until December 2013."Parliament needs one yearly meeting only says defiant Tuvalu PM", Radio New Zealand International, 2 July 2013 Tuvalu's opposition then requested the Governor-General Iakoba Italeli to intervene against the Prime Minister's decision.Coutts Geraldine Radio Australia Tuvalu opposition demands parliament be allowed to sit after weekend by-election 2 July 2013 http://www.radioaustralia.net.au/international/radio/program/pacific-beat/tuvalu-opposition-demands-parliament-be-allowed-to-sit-after-weekend-byelection/1154762 19 July 2013 On 3 July, Italeli exercised his reserve powers in ordering Parliament to convene, against the Prime Minister's wishes, on 30 July."Tuvalu’s parliament convenes July 30" https://web.archive.org/web/20130921053503/http://www.islandsbusiness.com/news/tuvalu/1725/tuvalus-parliament-convenes-july-30/ 2013-09-21 , Islands Business, 3 July 2013
On 30 July 2013, as the government was about to face a motion of no confidence, Health Minister Taom Tanukale unexpectedly resigned from Parliament (and thus also from the government) altogether. With Metia dead, Education Minister Falesa Pitoi ill and outside the country since December 2012, and Tanukale having resigned, this left Telavi with only three active government ministers other than himself: Deputy Prime Minister Kausea Natano, Foreign Affairs Minister Apisai Ielemia, and Home Affairs Minister Pelenike Isaia; he also had the support of the Speaker. (There were no government backbenchers.)"Tuvalu govt bombshells" https://web.archive.org/web/20140429162109/http://islandsbusiness.com/news/tuvalu/2146/tuvalu-govt-bombshells/ 2014-04-29 , Islands Business, 30 July 2013 The following day, the reason for Tanukale's resignation became apparent. The Speaker, Kamuta Latasi, rejected the Opposition's attempt to table a motion of no confidence, on the grounds that there was now a vacant seat in Parliament. Latasi adjourned Parliament, and ruled that it would not reconvene until a by-election had been held - thus prolonging Telavi's minority government once more."Tuvalu in constitutional crisis, says opposition", Radio New Zealand International, 31 July 2013
Ultimately, on 1 August Governor General Sir Iakoba Italeli intervened to remove Prime Minister Telavi from office, so as to enable Parliament to sit and determine who was to form a government.GG appoints Sopoaga as Tuvalu's caretaker PM - Tuvalu - News - Islands Business magazine http://www.islandsbusiness.com/news/tuvalu/2183/gg-appoints-sopoaga-as-tuvalus-caretaker-pm/ https://web.archive.org/web/20141010153108/http://www.islandsbusiness.com/news/tuvalu/2183/gg-appoints-sopoaga-as-tuvalus-caretaker-pm/ dead 2014-10-10 2014-10-10 2020-04-30 Parliament elected Opposition Leader Enele Sopoaga to the premiership."ENELE SOPOAGA SWORN-IN TODAY AS TUVALU’S NEW PM" https://web.archive.org/web/20130921054326/http://www.islandsbusiness.com/news/tuvalu/2209/enele-sopoaga-sworn-in-today-as-tuvalus-new-pm/ 2013-09-21 , Islands Business, 5 August 2013
Nukufetau by-election, 2013
Independent (politician)
Elisala Pita 16px (opposition candidate)
537
67.04
+40.45
Independent (politician)
Petely Niuatui(government candidate)
264
32.96
n/a
273
34.08
Opposition Government
2010 result
Nukufetau constituency results Brian Cannon Tuvalu Election Results http://www.tuvaluislands.com/news/archives/2010/2010-09-16.html Tuvalu News Tuvaluislands.com 16 September 2010 2010-09-17 2011-06-28 https://web.archive.org/web/20110628185654/http://tuvaluislands.com/news/archives/2010/2010-09-16.html usurped
Enele Sopoaga 16px Non-partisan 490 40.46
Lotoala Metia 16px Non-partisan 399 32.95
Elisala Pita Non-partisan 322 26.59
Lotoala Metia
Enele Sopoaga Elisala Pita
See also
List of by-elections in Tuvalu
References
Category:2013 elections in Oceania
Category:2013 in Tuvalu
Category:By-elections to the Parliament of Tuvalu
Category:Non-partisan elections
Category:June 2013 in Oceania