Tonga’s Supreme Court has cleared the way for the Anti-Corruption Commission (ACC) to proceed with its judicial review against the National Reserve Bank of Tonga (NRBT) and its Board of Directors, marking a historic first for the fledgling agency.
The case, which alleges misfeasance in public office and breaches of fiduciary duty, has been hailed as a critical test of Tonga’s commitment to combating corruption.
The Supreme Court dismissed an application by the NRBT, which had requested the strikeout of certain aspects of the Anti-Corruption Commission’s (ACC) case against it. The NRBT argued that the accusations were either baseless, too vague, “or may otherwise prejudice or delay the fair trial of the action.”
In a resounding endorsement of the ACC’s mandate, the ruling upheld the Commissioner’s powers to investigate and initiate legal proceedings, emphasising the “paramount public interest” in holding officials accountable.
ACC Probe Advances
This decision allows the corruption investigation to move forward, noting that it was too early for the strikeout request to be addressed “at this stage” at the cout.
In his ruling, Mr Bishop also emphasised the Commissioner’s role, which is noteworthy.
This includes saying that ACC must pay attention to “serious and systematic corrupt conduct” as mentioned in the NRBT application.
The court document said: “The Commissioner shall direct its attention to serious and systemic corrupt conduct and may take into account the responsibility and role of other public authorities and public officials in the prevention of corrupt conduct.”
Mr Bishop said that in his opinion, “serious and systemic” does not mean serious and repeated or serious and regular, but simply that the corruption found or suspected must be both serious and referable to the way in which the organization in question conducts its activities.”
The NRBT Board of Directors consists of Chairman Lord Sevele, CEO Tatafu Moeaki, John Paul Chapman, Siosi Mafi, Kilitina Tuaimei’api, Masasso Paunga, and Vika Kaufusi.
The defendants must pay the Commissioner’s legal costs, with the amount to be decided by the court if the matter remains unresolved.
A Long Road to Justice
The ACC, formally established in 2007, has faced years of political resistance and underfunding.
Despite its legal mandate, the commission remained dormant until the appointment of a Commissioner last year, only to discover that the previous government had failed to allocate sufficient resources for its operations.
That is after the Anti-Corruption Commission Act was first enacted in Parliament in 2007.
However, Parliament only passed the Anti-Corruption Bill in February 2023, after Hu’akavameiliku and his government pushed it through, which enabled the establishment of the anti-corruption watchdog.
The current government, led by Prime Minister Aisake Eke, has pledged full support, vowing to provide the ACC with the budget necessary to fulfil its duties.
Monday’s ruling now sets the stage for what could be a defining battle against entrenched corruption in Tonga’s institutions.
