The Supreme Court has voided Semisi Sika’s election after finding breaches relating to campaign expenditure disclosures, in a ruling expected to reshape how election spending laws are interpreted in Tonga.

Today’s ruling in the Supreme Court marks one of the most significant election law decisions in recent years, with the court declaring the respondent’s election void after finding breaches relating to election expenditure disclosures and spending under Section 24 of the Electoral Act.

In delivering his ruling, the judge said the court had carefully reviewed each allegation separately after hearing detailed evidence over several days. The court also noted that the respondent’s testimony raised credibility concerns during cross-examination, observing at one stage that he had “avoided answering questions directly.” 

At the centre of the petition were three disputed expenditures:

• a $10,000 Suliana dance performance contribution, 
• fireworks, 
• and food provided at various events. 

A key issue before the court was whether the Suliana payment, made through Five Star Finances, should legally be treated as election spending on behalf of the respondent. The respondent argued the company was a separate legal entity and that the expenditure was corporate, not personal. However, the judge rejected that argument, stating that “the corporate veil does not apply” in the circumstances of the case. 

The court ultimately found beyond reasonable doubt that the donation was made on behalf of the respondent and should have been included in the respondent’s Form 7 election return. 

The ruling also signals a potentially broader interpretation of election expenditure law in Tonga. The judge stated that the statutory scheme under Section 24 “does not rely on intent,” indicating that spending falling within the six-month election period may automatically be treated as election expenditure regardless of motive. 

In addition to voiding the election, the court indicated that substantial costs are expected against the respondent.

However, the matter is not yet concluded. The court granted leave for an application for a stay to be filed within seven days and ordered the stay, effectively pausing the immediate effect of the judgment while further legal steps, including a likely appeal, are pursued.

The decision is expected to have significant political and legal implications, particularly regarding how campaign-related spending by companies, sponsors, and associated entities is treated under Tonga’s electoral laws.