Tonga’s Minister of Agriculture, Food and Forestry (MAFF) Viliami Hingano who is currently receiving medical treatment in New Zealand, could lose his seat in Parliament after next month if he would not return to Tonga.
Minister of Agriculture, Food and Forests Viliami Manuopangai Hingano
Prime Minister Hu’akavameiliku recently said he visited the Minister during his recent trip to Auckland and Hingano was receiving medical assistance. He said the Minister was in a good condition. We understand Hingano was initially in a serious condition.
Hu’akavameiliku also said work was underway to extend Hingano’s medical leave periods.
The Minister has been away from Parliament for five months now. He was still receiving full salary and allowances as well as money from government for his medical costs, according to the law.
Leave entitlements
The law allows MPs to be absent from the Legislative Assembly for no more than three consecutive months if they had permission from the Speaker.
After the three months, they can apply for another three consecutive months but “the Legislative Assembly may not permit the member to be absent for any period exceeding 6 consecutive months.”
As Kaniva News reported previously, Hingano flew to New Zealand in December for medical tests after the Vaiola hospital’s computerised tomography (CT) scanner stopped working, the Minister of Health told us at the time.
The former government approved his travel last year in his capacity as the Ha’apai governor but his flight to New Zealand was repeatedly postponed by Tonga’s volcanic eruptions which started in December.
Hingano’s situation was another blow to Prime Minister Hu’akavameiliku’s leadership after three of his Cabinet Ministers’ election were disqualified by the Supreme Court for electoral fraud.
The Minsters were supposed to be unseated by Parliament on Monday 16 but it had been postponed due to a request from the Prime Minister citing works on the Budget.
One of these Cabinet Ministers, Tatafu Moeaki, who is the Minister for Finance received an approval from the Supreme Court yesterday, Friday 20 to remain in his seat until an appeal of his conviction was heard.
The two other convicted Ministers, Sangster Saulala and Deputy Prime Minister Poasi Tei did not apply to stay the execution of their conviction, reports said.
COMMENTARY: Prime Minister Siaosi Sovaleni has kept the three disgraced cabinet ministers in their posts despite their conviction by the Supreme Court for electoral fraud.
Prime Minister Hu’akavameiliku
Hon. Sovaleni, who is also known by his chiefly title Hu’akavameiliku, told a press conference the three Cabinet Ministers convicted by Court still retained their seat and Cabinet Ministerial posts. He said Sione Sangster Saulala, whose election as the people’s representative for Tongatapu No 7 was declared void by the Supreme Court, had tendered his resignation.
However, he had yet to approve it.
The Prime Minister’s refusal to act flies in the face of the Supreme Court’s ruling that the convicted politicians’ elections have been annulled.
Hu’akavameiliku has defended his lack of action by arguing that they intended to appeal their conviction.
He said the Supreme Court was expected to rule on the convicted MPs’ stay of execution on Monday.
He said he respected the Supreme Court’s decision, but there were constitutional and legal processes to go through.
Government new budget
Hu’akavameiliku said the processing of the Budget was affected because the Ministers who had been convicted did not have much time for the budget, because they were working with their lawyers.
This afternoon he said the budget had been sent to the Office of the Legislative Assembly and would be tabled when Parliament session resumed.
Broadcaster and President of Tonga Media Council Lady Luseane Vaea Luani
President puts blame on Hu’akavameiliku
Senior journalist and president of the Tonga Media Council, Lady Luseane Vaea Luani ,told Hu’akavameiliku this afternoon the issue of the convicted ministers had triggered heated public debate.
She put the blame on the Prime Minister’s shoulders and said the issue was the result of his decision making.
“Ko ‘eku vakai pe ‘aku ia ‘Eiki Palēmia ko e ‘ū me’a ko ‘eni ‘oku tō ia ka koe. Ko e mamafa ‘i he faitu’utu’uni ko ‘eni ‘oku fakahoko’…”, Lady Luani said in Tongan.
It is unclear how MPs can properly debate the budget until the House was officially opened by the king next month.
As we reported last week, convicted MP and Cabinet Minister Akosita Lavulavu was told to sit down last year after she took the floor to announce her Minister of Infrastructure’s new annual budget.
Lord Tu’iha’angana asked the Speaker not to allow Lavulavu to speak in the House after her conviction as it would have breached the MPs’ oath to fulfill their duties with honesty.
House deferral after it was set to resume Monday
The Speaker of the Legislative Assembly, Lord Fakafanua originally told the media that the process of unseating the convicted MPs would take place on May 16, but said this had been delayed “because the government is not ready with the budget.”
Apparently citing Section of the Legislative Act, Lord Fakafanua said if the MPs were unseated by Parliament their seats would be vacant and a by-election would have to be called.
If their appeal for a stay of execution was approved they could go ahead with their appeal application. If their convictions were overturned the convicted MPs would retain their seats.
Kaniva’s Comment
Was it for the budget or to keep the convicts in office
The speaker’s statement begs the question of whether the deferral of the unseating was really meant to allow the Budget to proceed or to give the Speaker and Prime Minister time to devise a way to help the MPs retain their seats.
The Prime Minister and Speaker have been criticised for allowing the convicted politicians to keep receiving their Parliamentary salary, even if only for the time being.
First the government said the convicted Ministers needed to work on the budget before it was submitted to Parliament. Today they said the budget was ready and it had already been submitted to the House. Now they are saying the ministers have applied for a stay of execution so they can appeal, all the while keeping their posts.
PM and Speaker must be fair to petitioners as well
The Prime Minister said the reasons why he did not demand resignation from the convicted ministers because they have rights to apply to stay the execution of their conviction and appeal it. Hu’akavameiliku was right. But unfortunately, the Prime Minister failed to remember the petitioners also have rights to see that the Supreme Court decisions are being served. And that court decisions did not say anything about the stay of execution application and appeal. The Supreme Court made two decisions only. It declared the elections of these ministers were void. Secondly, it informed the Speaker to unseat them.
This was why critics have asked why the Prime Minister did not remove the Ministers and let them fight their court case while by-elections were called. Once fresh elections were held and the new MPs sworn in, the Prime Minister could choose his new cabinet ministers from them.
How will the money be recouped if appeals will be rejected?
The convicted MPs will be paid with taxpayers’ money until they appeal. If their appeal is rejected, how will the money be recouped? Critics said this was why it was fair to unseat them as scheduled to stop them from still being paid from the Treasury. If they appealed and their convictions were overturned it would be fair to compensate them.
If the stay application is allowed, it will take until the next Court of Appeal sessions in September or March next year to process their appeal.
Critics believed most of the process of the budget is in the hands of the chief executive officers and senior staff of each ministry, especially the Ministry of Finance. The Ministers are there in the Ministry to provide leadership and direct how the budget is allocated.
Police have charged a Tofoa man with arson offences, a TOP$75,121.55 cash theft, housebreaking, and willful damage.
Tonga Post Ltd. Photo/ Kalino Lātū/Kaniva Tonga News
Police reported that on the night of 3 July 2021, TOP$75,121.55 cash was removed from the Tonga Post’s Chief Executive’s office before the building was set ablaze.
A Police investigation found fingerprints at the crime scene which helped investigators identified the suspect.
The 35-year-old man was arrested and is being remanded in police custody until 30 May 2022, Police said.
Police investigation continues to locate others that involved in this crime and Tonga Police is calling on the public to contact Police on 922 or 7401660 if you have or know any information on this matter.
Vanuatu has confirmed its border will fully reopen from July 1 to fully-vaccinated international travellers with no quarantine or arrival caps.
From left to right : Air Vanuatu CEO, Mr. Atu Finau and Vanuatu Tourism CEO, Mrs. Adela Issachar Aru at the signing ceremony on Wed. 11 May 2022. Photo/Supplied
The announcement has brought together the country’s two important government organisations, the Vanuatu Tourism Office (VTO) and Air Vanuatu.
A Memorandum of Understanding (MOU) had been signed last week between the two organisations confirming an agreement to stick together so they can provide a safe place and flight for tourists who have plans to return to the country.
The agreement allows the two authorities to create domestic and international marketing campaigns to grow visitation and travel to Vanuatu, particularly in the New Caledonia, New Zealand and Australian markets.
Air Vanuatu Chief Executive Officer ‘Atu Fīnau has welcomed the partnership and said the Vanuatu airlines was looking forward to deliver the agreement.
“We see this partnership as proof that by working together, we can deliver so much more for Vanuatu. The goals of the Shared Vision partners [including Airports Vanuatu Ltd] to increase visitor numbers by 2030 and improve the brand positioning of Vanuatu in our overseas markets, are now more relevant than ever.” Finau said.
In a statement released by the VTO, it said it trust the agreement would definitely benefit the country.
“VTO assures other stakeholders that as it has a broader and overarching responsibility to the Vanuatu Tourism Industry and sector, to lead the coordination of tourism destination marketing efforts for both the international and domestic markets, the organisation will continue to work with other aviation partners on destination marketing activities”.
In March, Vanuatu announced 83 active Covid cases in the country, with one person requiring hospital-level care, reported One News.
It followed with the New Zealand’ government committing $1.5 million to support the Vanuatu government and was looking at sending further medical supplies in addition to five oxygen humidifiers that arrived there at the time.
COMMENTARY: Parliament has postponed its meeting scheduled for Monday 16 to unseat convicted Cabinet Ministers and MPs who had been found guilty of bribery.
Convicted Deputy Prime Minister Poasi Tei
The government has asked for more time to finish work on the budget estimates for the next financial year.
No date has been set for the next meeting of the Legislative Assembly.
It appears that convicted Finance Minister Tatafu Moeaki will stay in Parliament because the Prime Minister wanted him to finish the new budget before putting it to the house early next month. It seems the same thing will apply to convicted Deputy Prime Minister Poasi Tei. Convicted former Prime Minister Pōhiva Tu’i’onetoa will remain as Tongatapu 10 MP due to the deferral.
Lord Speaker Fakafanua has questions to answer
There are many questions here for the Speaker to answer given that the government does not appear to have learned anything from a precedent set for convicted MP and Cabinet Minister Akosita Lavulavu last year. There are also questions about whether the convicted Parliamentarians will continue to be paid.
Last year convicted MP and Cabinet Minister Akosita Lavulavu was told to sit down after she took the floor to announce her Minister of Infrastructure’s new annual budget.
Convicted Minister of Finance Tatafu Moeaki
Noble MP wants House to follow their conscience
Lord Tu’iha’angana asked the Speaker not to allow Lavulavu to speak in the House after her conviction as it would have breached the MPs’ oath to fulfill their duties with honesty.
At the time, the then Prime Minister insisted that Lavulavu had a right under Section 23 of the Constitution to remain in the House even after her conviction and she would continue to do so as she was appealing her conviction. As Kaniva News reported, this clause was eventually altered last year.
MPs swear before God
Nobles and people’s representatives have to swear: “I solemnly swear before God, that I will be truly loyal to His Majesty King Tupou VI, the rightful King of Tonga and that I will righteously and perfectly conform to and keep the Constitution of Tonga and zealously discharge my duties as a Member of the Legislative Assembly.”
Ministers have to swear: “I solemnly swear before God that I will be truly loyal to His Majesty Tupou VI the rightful King of Tonga and that I will keep righteously and perfectly the Constitution of Tonga and discharge the duties of my department to the end of my ability for the benefit of the King and his Government.”
Lord Tu’iha’anga told the House at the time of the Lavulavu incident that this was a matter for the MPs’ conscience. He said the constitution was clear, but his conscience was not, to see that the minister was convicted for fraud but was still allowed to speak in the House and debate the budget.
Lavulavu continues receiving payments after conviction
Akosita Lavulavu was convicted on June 4, 2021 and sentenced to jail for six years on July 2, 2021. She officially resigned on July 2. The then Minister for Finance Tevita Lavemaau, told the House Akosita’s pay and allowances were stopped on July 1. This meant she received full pay while she was in court for her court hearings and after she was convicted until her sentence on July 2.
Former Cabinet Minister ‘Akosita Lavulavu
One minister resigns for the sake of his conscience
Of all the Ministers convicted for bribery recently only one minister has resigned and that was Hon. Sangstar Saulala. He said he was advised by PM Hu’akavameiliku to continue in his ministerial post until Parliament formally unseated him, but that he wanted to respect the court decision as well as ministerial posts.
The Parliament’s role includes performing checks and balances on the government’s decision making, especially if there seems to be an issue with the law and constitution. In this case Parliament should ensure that the rules governing Parliamentarian’s behaviour and their right to stay in the House are enforced.
The Parliamentarians convicted of bribery should also think very hard about whether they should follow Hon. Saulala’s example and show respect for the Supreme Court’s decisions and their responsibility as MPs.
For more information
Fraudster Infrastructur Minister Akosita barred from speaking while announcing her 39 million new budget in Parliament
Tonga’s electoral corruption scandal has claimed yet another head as the Supreme Court found former Deputy Prime Minister Poasi Tei guilty of bribery and annulled his election victory.
Tei, the former Minister of Meteorology, Energy, Information, Disaster Management, Environment, Climate Change and Communications (MEIDECC) and Tonga’s Deputy Prime Minister stood against Mrs. Fane Fituafe. Tei was declared the winner and Mrs. Fituafe then brought an election petition before Judge Niu, claiming that Tei violated the electoral regulations either directly or by allowing another person, Saia Oenitani, to act on his behalf.
Fituafe claimed that the election was invalid because Tei had contravened Section 21 of the Electoral Act. She claimed that he committed bribery indirectly by another person by giving valuable gifts of 20 plastic water tanks to electors in the village of Houma to influence them to vote for him.
She also alleged that he committed bribery indirectly by another person by giving valuable gifts of another 20 plastic water tanks to other electors in Houma to influence them to vote for him.
Fituafe said he had committed bribery indirectly by another person by giving valuable gifts of cartons of chicken and groceries to the village police in the village of Houma to influence them to vote for him.
Finally, she alleged that he had overspent on his election campaign by expending more than TOP$20,000 contrary to Section 24 of the Act.
In his defence, Tei said the water tanks had come from China and that distribution of them had been planned before the election. He said that advice had been sought from the Attorney General’s office about whether to continue with the distribution of the tanks and it had been agreed to go ahead.
“There were water tanks distributed to the villages in Tonga within the three months before the election on 18 November 2021,” the former Minister said.
“Those water tanks were funded by China. There were two agreements entered into. The first agreement came into effect in August 2021 for 480 water tanks to be distributed by the last day of September 2021. The second agreement for 500 water tanks came into effect in October 2021 and to be distributed by 20 November 2021.”
He said the government had decided to give free plastic water tanks to the people who could not afford them. It applied its own funds as well as funds donated by other governments such as China, for the manufacture of large 5000 litre tanks here in Tonga, to distribute to those families.
He denied that anybody had acted on his behalf or that he had known of any such activities.
“I deny the allegations that Saia Penitani was my campaign agent in Houma,” Tei said.
“I did not have any campaign team in Houma.
“I did not purchase any chicken meat and/or groceries to be distributed to the community police posts in Houma on 5 November 2021. I did not know, and certainly did not consent to Saia Penitani purchasing any chicken meat and/or groceries to be distributed to the community police posts in Houma on 5 November 2021 or at any other time or date on my behalf.”
In his summing up Judge Niu said that if Tei had disapproved of Penitani’s action he should have publicly dismissed him as a supporter of his and disassociated himself from any action he had allegedly taken on his behalf. Because he did not do that, he allowed Penitani to continue to make representations on his behalf.
He found Tei guilty of the charges relating to the water tanks and the purchase and distribution of chicken. He acquitted him on the charge of overspending.
Four men have been sentenced in the Supreme Court for their roles in a series of burglaries committed in April last year.
Siosaia Hungalu, Lancellot ‘Amanaki Takai Vailea, Faingata’a Manu and Tau’ataina Taufa all pleaded guilty before Judge Niu.
Siosaia Hungalu was charged with multiple counts of abetting theft and housebreaking by driving ‘Amanaki Takai to the scene of two burglaries as well as counts of serious housebreaking and the theft of personal property valued at TP$16,400.
‘Amanaki Takai faced two counts each of serious housebreaking and theft for robberies of personal items, electronics, a firearm, Tongan mats and a kava bowl valued at TP$85,000.
Faingata’a Manu and Tau’ataina Taufa were charged with receiving stolen property, Tongan mats and a kava bowl from ‘Amanaki Takai, believing that those properties had been stolen.
In his sentencing, Judge Niu said Hungalu, 27, no longer worked because he had started taking drugs and had turned to housebreaking and theft. By May 20201 he had committed 17 criminal offences.
He is already serving a two year sentence imposed by the Magistrate’s Court for earlier offences. He was sentenced to a three year term, but will only serve an additional 12 months. The suspension of the rest of his sentence was subject to strict conditions.
‘Amanaki Takai, 34, is serving an 18 months prison sentence which is due to end in December this year.
Judge Niu said Takai had played rugby well in Tonga and New Zealand, but came back because his father was critically ill and could not return to New Zealand because he had been an overstayer.
“The rest is history,” Judge Niu said.
“You took to drinking and drugs, both of which required money which you did not have or wished to work for. You then broke into houses and stole to get money to fund your habits.
“Like birds of a feather, you met up and worked with Siosaia Hungalu on the breaking and entering and stealing to fund both your habits.”
The judge sentenced Takai to three years to be served concurrently, with only one year to be served.
Judge Niu told Faingata’a Manu, 30, that it was time he became “fakapotopoto”, that is, mature and be responsible.
“You say that your work is mowing grass for your step-father for which you are paid about TP$100 a week,” he told the accused.
“That work does not support yourself at present, because you still need more money to fund your drinking and smoking, let alone a wife and children when you are married like you plan to do. The probation officer says that your father-in-law says that you are so unreliable that he does not want you to work for him anymore.
“The officer also says that you told him that you have asthma. If that is true, then smoking and drinking will only make that asthma worse. You should therefore quit smoking and drinking. Besides, you are of the Church of Jesus Christ of Latter Day Saints which prohibits smoking and drinking, as well as drugs of course.”
Manu was sentenced to two years in prison with the sentence fully suspended because of his age, co-operation with police and the likelihood that he would rehabilitate himself.
The judge described Tau’ataina Taufa as 34, married with eight children and not in regular employment. He described him as having a problem with drink and drugs.
He was sentenced to 18 months in prison, with the sentence fully suspended for two years. On the grounds of diminished responsibility, co-operation with the police and the prospect of rehabilitation.
Bongbong Marcos, the son of former dictator Ferdinand Marcos, may be about to become the Philippines’ new president.
Philippine presidential candidate Ferdinand ‘Bongbong’ Marcos Jnr is the son of former dictator Ferdinand Marcos. Photo: EPA
Marcos Snr, who was driven from power by a popular revolution, acquired a Tongan passport in 1986, as did his wife and two of his children.
Bongbong Marcos has allied himself with Sara Duterte daughter of current president Duterte, who has presided over a regime that has encouraged police to murder drug dealers, shut down opposition media and silenced his critics.
Marcos Jnr, 64, has a seemingly unstoppable lead in the elections, with 18 million votes against his rival’s 8.5 million. The threat of him gaining power seriously worries the country’s democrats.
He has worked overtime to whitewash his father’s dictatorship and persuade voters that Ferdinand Marcos and his wife Imelda – famous for her enormous collection of shoes – did not steal billions of dollars, kill and torture opponents, leave millions of people starving and destroy the economy.
After he was overthrown, the Marcoses and at least two of their children acquired Tongan passports from King Tupou IV in July 1986. The king was running an illegal racket selling Tongan passports to mostly Chinese citizens. Two kinds of Tongan passport were for sale to foreigners: the Tonga Protected Persons Passport and the Tongan National Passport (issued to those who became naturalised).
Mrs Marcos initially denied that she had a Tongan passport, but then admitted she may have been given one, but claimed she had not applied for it or paid for it.
King Taufa’āhau Tupou IV. Photo/Wikipedia
It is not certain whether Bongbong was one of the children who acquired a Tongan passport.
The sale of an estimated 7000 passports raised about US$26 million, nearly all of which was lost when the king was conned by an American fraudster, Jesse Bogdonoff. The money had been shifted to a bank account in San Francisco. The king was reported as saying that if the money was left in Tonga it would be spent on roads.
The late ‘Akilisi Pohiva helped expose the king’s corrupt practices, forced it to admit the illegality of the passport sales and change the constitution.
Pohiva and the then Catholic Bishop (now Cardinal) Patelesio Finau led 2500 protestors in a march on the royal palace where they presented petitions to the King asking him to cancel the citizenship of hundreds of passport holders and to sack the police minister who had accepted blame for the sales.
Veteran Pacific affairs reporter David Robie reported at the time that the king had told the Tonga Chronicle the kingdom could not afford to cancel the passports.
“He said changing foreign exchange rates, plus possible lawsuits by passport holders, meant that paying out refunds and declaring the documents null and void would be too heavy a burden for the country,” Robie wrote.
The Supreme Court has rejected claims of electoral bribery in the Tongatapu 1 electorate.
MP Tēvita Fatafehi Puloka
Judge Cooper, presiding, ruled that three claims of bribery against Tēvita Puloka, who won the seat, had not been proven.
The challenge was brought by Siaosi Vailahi Pōhiva, who stood unsuccessfully.
Pōhiva was the People’s Representative for Tongatapu I from 2019 until the last election. He is the eldest son of former Prime Minister ‘Akilisi Pōhiva.
Judge Cooper said Siaosi described himself as a fighter for democracy in Tonga and the Pacific.
Siaosi alleged that Puloka had given TP$100 to Toti Viau and Uili ‘Ahokava and donated soap – sometimes referred to as hand sanitiser in the evidence – and face masks to different bodies or establishments.
Toti Viau, from ‘Isileli in Kolomotu’a, said that she had seen Puloka give to her mother, Vika Keke Tu’ipulotu, TP$100.
She said Puloka had visited her mother in September 2021 and left her an envelope containing the money.
She stated that as he left, he told Vika not to forget that he was running for Parliament and had left, but not before leaving the envelope with money for her.
Toti said she went to her mother, who had “a sad face” and asked why Puloka would try to buy her vote.
Judge Cooper said he formed the opinion after her cross-examination that she was not a reliable witness and was motivated against Puloka.
When questioned she accepted that Puloka had done much for her and her family, but would give no credence to other suggestions of kindness.
“From this I judged she had an agenda to follow and it was not based on the obvious good deeds and generosity she acknowledged he had shown her,” the judge said.
“Her answers showed an erratic grasp of how to report facts.
“She was the only witness of this alleged bribery. The petitioner has not proved his case under the head of claim.”
Judge Cooper said there were questions about the dates given in the alleged bribery of Uili ‘Ahokava and the circumstances relating to the event. The judge said ‘Ahokava had been influenced in his testimony and had lied on oath.
“In any event, it becomes impossible to accept his word when he states that Puloka gave him the money to buy his vote and not just as a hand-out to family for some alcoholic drink,” the judge said.
The allegation was therefore not proven.
On the third allegation, the judge said that a candidate for election may make a payment or valuable gift for mixed motives.
“He may, for instance, make a gift for charitable purposes. There is nothing wrong with that. But he may also make a gift to buy votes. That is bribery,” he said.
“Tonga faced a new situation. The Covid 19, the coronavirus, was at last detected in the Kingdom at this time we are concerned with. One can say that the gift was close to the election and it was unprecedented, but so was the apparent finding of a case of Covid 19.
“Returning to the instant case, these were donations to children and teachers; the children in the main, the unvaccinated population of Tonga. Soldiers and Police also were the recipients.
“To put it another way, I am sure that the respondent has proved that they were proper recipients, so tending to demonstrate it was a charitable gift, as, though close to the election, so was the reported emergence of the virus in our community.
“There was nothing dishonest or corrupt in the donation of soap and masks. In fact, the reverse, it appears to me that this was nothing short of laudable and a genuine wish to help the people of Tonga.
“I find these acts were not bribery. Accordingly, I find all three allegations of bribery have failed to be proven.”
Yet another election outcome has been declared void after the Supreme Court found Tatafu Moeaki guilty of two offences of bribery under section 21 of the Electoral Act.
Māteni Tapueluelu (L), Tatafu Moeaki
Moeaki was found guilty after the court heard a petition from Mateni Tapueluelu who stood unsuccessfully against Moeaki in the contest for the Tongatapu 4 constituency, which comprises Ma’ufanga, Houmakelikao, Fangaloto, ‘Anana, ‘Umusi, Popua, Patangata, Tukutonga, Pangaimotu and Siesia.
At the time of the election on November 18, 2021, Tapueluelu held the seat and Moeaki was Minister of Labour, Commerce and Industries.
Moeaki won the election.
Tapueluelu asked the Supreme Court to overturn the result on the grounds that Moeaki had committed bribery by the following methods:
Giving TP$100 to one Nikisoni Tomasi, an elector of Tongatapu 4, to induce him to vote for him;
Making promises to procure loans for a group of female electors at Patangata to induce them to vote for him;
Making promises through another person to give free plastic water tanks to electors of Patangata to induce them to vote for him;
Making promises through another person to electors at Patangata that he would build dwelling houses for them for a sum ofTP $3000 per house to induce them to vote for him;
Making promises through another person to upgrade the roads in the electorate to induce the electors to vote for him.
Section 21 (1) Electoral Act says that every person commits the offence of bribery who, directly or indirectly, by himself or by any other person on his behalf gives any money or valuable gift to or for any elector, or to or for any other person on behalf of any elector or to or for any other person, in order to induce any elector to vote or refrain from voting.
A reference to giving, lending, agreeing to give or lend, offering, promising or promising to procure or try to procure, any money or valuable gift fell under this category.
In his defence, Moeaki said he had given TP$100 to Nikisoni Tomasi, but it was without any intention to induce him to vote for him.
He denied that he had promised to procure a loan for anybody.
He said he did not make any promise to procure a water tank for anybody.
He did not promise to build a house for anybody or promise to upgrade any road to induce the electors to vote for him.
After the evidence for both sides were given and his lawyer had filed his submissions Tapueluelu withdrew the allegations that Moeaki had promised to build houses and upgrade roads
Justice Niu, presiding, said that after considering the evidence he found the first claim had been proved.
“I consider that the petitioner has proved, and I am satisfied on the balance of probability, that the respondent gave TP$100 to Nikisoni Tomasi to induce Nikisoni Tomasi to vote for him,” the judge said.
“I find that the third claim has been proved, and I am satisfied on the balance of probability that the respondent committed bribery by making promises through another person to give plastic water tank to electors of Patangata to induce them to vote for him.
Because it had been proved to the satisfaction of this Court that Tatafu Moeaki was guilty of two offences of bribery under section 21 of the Electoral Act, and in pursuance of the provisions of section 32 of that Act, this Court declared that his election as the representative for the Tongatapu 4 Constituency was void.
