The Tongan Government has announced a groundbreaking change to its constitutional processes, now requiring Noble Representatives to obtain the same legal clearance as People’s Representatives before they can be nominated for Parliamentary elections.
The constitutional change follows instances where Noble MPs, previously fined in courts, were nominated without issue. In contrast, nominees for the People’s Representatives—required to obtain a court clearance—sometimes had their nominations revoked.
The government announced the change today, stating that the Nobles’ representatives had agreed to the amendment before it was approved by the Legislative Assembly and signed by the king.
This change closes a previously reported loophole that created a different standard of accountability for the two groups of MPs.
The reform directly addresses Clause 65 of the Constitution, which stipulates that a candidate for the People’s Representatives must obtain a written clearance from both the Supreme and Magistrates Courts confirming they have no record of outstanding court orders before they can register as a candidate.
Until now, this clause did not apply to the Nobles’ Representatives.
Uniform Pre-Election Eligibility Standards
The change ensures that all prospective MPs, regardless of their status, must now prove they are in good standing with the judiciary before seeking office.
This new requirement operates alongside existing laws that bar convicted individuals from office.
As per Clause 23 of the Constitution, any civil servant or MP convicted of a criminal offence is disqualified from holding office or being elected unless they receive a royal pardon.
Furthermore, Section 37 of the Land Act states that a noble convicted in the Supreme Court can be stripped of their title and estate.
Former Acting Attorney General ‘Aminiasi Kefu had previously clarified to Kaniva News that these serious consequences—under Clause 23 and the Land Act—only applied if a Noble was convicted in the Supreme Court of a criminal offence carrying a jail sentence of two years or more.
The latest amendment, however, targets an earlier stage in the electoral process.
It mandates that nobles must now also satisfy the pre-emptive, procedural check of Clause 65, ensuring a clean slate from lesser judicial issues before their names can even appear on a ballot.
Closing the Accountability Gap
In 2017, Judge Scott ordered Lord Nuku, Yanjian Group Co, and Yanjian Tonga Limited to pay Lord Luani TP$5,556,000.
At the time, former Attorney General Aminiasi Kefu told Kaniva News that if Lord Nuku stood as a candidate, the outstanding fine would not affect him, as the relevant constitutional clause applied only to elected members of the People’s Representatives.
Meanwhile, People’s Representative Māteni Tapueluelu’s election to Parliament in 2014 was overturned, and he was removed from the assembly due to an outstanding debt from 2011. However, Tapueluelu successfully appealed the decision after the court found his debt had been stayed.
