Tonga is in a state of political chaos with the unseating of four MPs within the space of two weeks after they were found guilty of attempting to bribe constituents in the run up to the country's 2021 general elections.
So far six rulings have been made with the latest being made today. The Tonga Supreme Court found Deputy Prime Minister Poasi Tei guilty of bribery. The written judgement on the case is expected to be released to media later this afternoon.
All of the MPs are expected to appeal the court rulings but will be unseated in the interim. According to Tongan law, candidates cannot run for election within five years of being unseated. By-elections have been announced but dates are yet to be determined.
Poasi Tei's unseating is the highest profile case since former Prime Minister Pohiva Tu'i'onetoa was found guilty of bribery two weeks ago.
The rulings are the result of seven petitions filed by members of Tonga's former ruling Democratic Party of the Friendly Islands (Paati Temokalati ʻa e ʻOtu Motu ʻAngaʻofa), widely referred to in Tonga as "PATOA".
Tonga's parliamentary chamber Photo: Tonga parliament
PATOA member Piveni Piukala, who filed a petition that unseated MP Sangster Saulala, said the petitions were not vindictive but motivated to prevent acts of bribery from becoming acceptable in elections.
"We decided to challenge not because we have any vendetta against the successful candidate or other candidates, it's just because there was a very strong concern that if this is the norm. If this is what we left for the future for our children and their grandchildren, we may be blamed later on from that, the fact that the rich will dictate the composition of parliament," Piukala said.
Former Prime Minister Pohiva Tu'i'onetoa was found guilty of one charge of bribery regarding a promise of $US21,600 he made to a women's advocacy group. RNZ Pacific correspondent Kalafi Moala says evidence in the court case contradicted Tu'i'onetoa's defence.
"When Tu'i'onetoa was questioned in the court case whether he knew about the funding, and he denied, and then the plaintiff showed a video in which he was happy and clapping hands during the announcements of the funding being given to the women," Moala said.
The rulings have caused a social media storm of debate between Tongans. Last year's election results show Saulala and Tu'i'onetoa winning their constituencies comfortably. Saulala was ahead of third place Piukala by 200 votes, while Tu'ioneto'a won his constituency by a bigger margin. PATOA candidate Kelekolio Kiu who filed the petition against Tu'i'onetoa, was unlisted in the final result.
There has been ridicule over the proportionality of the court decisions given the petty nature of some of the charges. Saulala's two acts of bribery were a of $US43 gift to one witness, and a gift of $US8 and a box of chicken to another witness.
Tyre repair shop owner Hengihengi Kolo told the court that Saulala gave him $US43 following a conversation where Saulala asked him for support. Saulala admitted giving Kolo the money but that it was intended for Kolo's elderly uncle.
The court ruling quoted Saulala saying "In line with our custom, when visiting an elderly person, we give them a present whether it would be $100 or some food or other goods…and I gave the $100 to be given to Sione Kolo and not for Hengihengi Kolo."
In Tonga, it is common for visiting friends and relatives to give food and cash. Melino Maka, a Tongan community leader in New Zealand, said the court rulings made it difficult to distinguish the difference between customary gestures and bribes.
"If you go to a funeral to give a donation for a family bereavement, you know...does that come under the same thing. There are so many things, if you go to a wedding or if you go to a kava club leading up to the election, they should come under the same scrutiny", said Maka
"People need to understand that democracy in Tonga is only about 11 years old, and perhaps this thing is a good reminder that the rules need to be reviewed and to actually suit the cultural context as far as donations...because eitherwise everything you do leading up to the election is going to fall under the same category," he added.
More serious charges of bribery against Tu'i'onetoa and Saulala concerning the implementation of development projects were dismissed by the Supreme court. Tu'i'tonetoa was accused of unfairly influencing voters by building a wharf in a village shortly before the election.
Justice Whitten ruled that because the village fell outside Tu'i'onetoa's constituency it was unlikely to influence his constiuents. A similar charge was also dismissed against Saulala.
Piveni Piukala expressed his frustration, saying the development projects were gifts meant to influence voters.
"Because all these gifts were given to general voters, they are not in breach of this section so the judiciary let them get away, But you know what does not make sense to me is when you give a can of coke to somebody and ask someone to vote for me, and then you convict them under this act. Does not make sense"
Melino Maka says the scandal showed that reforms in the electoral process were needed to accommodate the dynamics of Tongan society, as community donations have been a common common in electoral campaigns.
Until 2010, Tonga was largely run by the Monarchy with a small number of elected MPs.
But the late King Tupou V relinquished most of his royal powers and the 26 member parliament now has 17 MPs elected by the people.
The Kingdom's short history as a modern democratic state has so far been tainted with scandals, corruption and division.
The four Tongan MPs so far found guilty of bribery are:
Poasi Tei, Deputy Prime Minister
Tatafu Moeaki, Minister of Trade and Economic Development
Sangstar Saulala, Minister of Internal Affairs
Pohiva Tu'i'onetoa, Tongatapu Representative
Bribery charges against MPs Tevita Puloka and Dr 'Uhilamoelangi Fasi, were dismissed.
