Election Petitions Alleging Bribery Being Prepared Following PM Selection

Nukuʻalofa — As Prime Minister Lord Fakafanua moves towards the formation of his Cabinet, a number of election petitions alleging bribery are understood to be in preparation, according to information received by Tonga Independent.

The newspaper has been advised that petitions may be filed in Tongatapu 2, Tongatapu 4, Tongatapu 9, Tongatapu 10, Haʻapai 12, Haʻapai 13, and Niua 17, with a further potential filing from Vavaʻu yet to be confirmed. At this stage, no findings have been made by the courts, and the allegations remain untested.

The anticipated petitions are said to relate to alleged inducements offered to voters during the recent general election campaign. Under Tonga’s Electoral Act, bribery is defined as a corrupt practice. Where such a finding is made by the court, the law requires that the election of the candidate concerned be declared void and the seat vacated, regardless of the margin of victory.

The developments follow a well-established legal precedent arising from the 2021 general election, when multiple election petitions were filed alleging similar breaches of electoral law. After a series of Supreme Court hearings and subsequent appeals, the Court of Appeal in August 2022 upheld findings of bribery against three sitting Members of Parliament — Poasi Tei, Tatafu Moeaki, and Sangster Saulala — all of whom were Cabinet ministers at the time. Their elections were voided, and by-elections were held in their respective constituencies.

Other petitions arising from the 2021 election were dismissed. In one high-profile case, a Supreme Court decision voiding the election of then-Prime Minister Pōhiva Tuʻiʻonetoa was overturned on appeal, allowing him to retain his seat until his death in 2023.

Election petitions are governed by strict statutory timeframes. Once filed, the Supreme Court determines whether the matters proceed to full hearings, with any appeals heard by the Court of Appeal. Previous cases indicate that the process can extend over several months.

With Prime Minister Lord Fakafanua expected to appoint ministers from among his parliamentary supporters, any successful petition could have implications for the composition of the Legislative Assembly and the stability of the incoming government. As in past election cycles, the courts may ultimately determine whether recent electoral outcomes withstand legal scrutiny.

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