Minister for Public Enterprises defends decision on TBC CEO's contract Featured
Minister of Public Enterprises Hon. Poasi Tei
5 May, 2017. The office of the Minister for Public Enterprises wishes to respond to the recent media coverage on the renewal of the contract for the CEO of Tonga Broadcasting Commission (TBC).
Section 26(1) of the Public Enterprises Act 2002 (as amended) provides that the board shall with the approval of the Minister, appoint a Chief Executive Officer.
It has been brought to the attention of the Minister for Public Enterprises, that the Tonga Broadcasting Commission’s Board of Directors had renewed the contract of employment of Ms Nanise Fifita , Chief Executive Officer for Tonga Broadcasting Commission (CEO for TBC)
The Minister was neither made aware nor consented to the renewal of the contract of employment between the Tonga Broadcasting Commission’s Board of Directors and the CEO for TBC.
The requirement by the law under section 26(1) is fundamental to the validity of the contract, and therefore must be followed.
As such, since the Minister’s consent was not obtained under section 26(1), the law was not complied with, and therefore the renewal of the contract is deemed void under section 30(1).
The letter by the Minister to the Tonga Broadcasting Commission’s Board of Directors was for the purpose of pointing out that the renewal of the contract of the CEO for TBC by the Board was in contravention of the law, and therefore void.
It is a matter for the Tonga Broadcasting Commission’s Board of Directors to consider the letter from the Minister, and decide whether to repudiate the contract of the CEO for TBC.
- Ministry of Public Enterprises
