Tonga Supreme Court has quashed a Public Service Commission (PSC) decision to dismiss director Magdalena Tafa Fifita from the Ministry of Tourism due to an alleged conflict of interest.

Magdalena Fifita

It follows a legal challenge brought by the victim.  

Fifita was charged with a serious breach of discipline. 

The PSC had also intended to report her to the Tonga Police for investigation.  

Fifita was dismissed as Director of the Ministry of Tourism on 9 January 2024. 

Until then, she had been employed in the Tonga Public Service for 24 years. 

That career culminated in her working for the Ministry and taking on the role of director in September 2019. 

She was dismissed after revelations that she, as director of the Ministry, had offered a contract to a company named Matapa Services.

Fifita’s daughter owns that company.

The company had been paid approximately TOP $55,000.00 through the contract to provide courses and training as well as catering services to the Ministry in 2022-2023.

Statement of claims

The statement of claims stated that Fifita had never been given a copy of the complaint.  

As such, she could not answer the allegations before the charges were laid.

This amounted to a denial of her right to be heard, the court document says.  

“The PSC did not allow Ms. Fifita to be heard before they laid the charges against her and as such the decision maker was biased and the decision to charge, fundamentally unfair and an abuse of power”, it said.

The Ministry of Tourism’s former CEO, Sione Mafi, was never spoken to during the inquiry regarding the accusations, even though Fifita identified him as a relevant witness.

The court was told that Fifita disclosed her apparent conflict of interests to Mafi before he agreed to offer the contract in question.  

She was reported in the court document as saying in court that “…she was aware of the conflicting interests due to the consultancy ownership by her husband as a co-owner, however, declared to the CEO, Mr. Sione Moala-Mafi and received his endorsement”.

Statement of defence

The statement of defence argued that the CEO Report demonstrates that Fifita was interviewed and so was given the right to be heard.

It also argued that interviewing former CEO Mafi was not a mandatory requirement as Regulation 5 (2) (j) only requires “any statements from witnesses” and they need not be included if not gathered.

Further, there was sufficient material placed before CEO Takau, by Fifita for him to come to the view there was no need to take a statement from the former CEO.

The trial was held on 13 November 2024, with submissions taking place the following day.

Mafi gave evidence for Fifita.

Simione Sefanaia, Chairman of PSC, CEO Kioa of PSC, Franz Tu’uhetoka and CEO Takau all gave evidence for the Defendant.

In his conclusion, Justice Cooper quashed the decision to charge Fifita with 27 Charges of serious Breach of Discipline. 

He also rejected the decision to dismiss Fifita from the Ministry of Tourism and the intention to report her to the Tonga Police. 

He said the costs are to be subject to further hearing on a date to be agreed upon.