By Katalina Siasau
Three urgent Government Bills, including a Constitutional amendment, were passed by the Legislative Assembly of Tonga this week, in Nuku’alofa.
The Constitutional amendment introduces the word “customs”. [A definition of “customs”, as expressed in the amendment, was not available when this report was posted. -Ed.]
During the debate People’s Representatives Vaipulu and Sovaleni expressed concerns about the future limitations of using “customary law” and potential confusion in court.
The bills were tabled to the House on Monday, 28 July, by the Minister for Justice, Hon. Mo‘ale Finau.
Each Bill completed its first and second readings before being referred to the Committee of the Whole House for further deliberation. They were returned to the House with amendments and passed after their third readings.
Government’s urgent Bills:
- Constitution of Tonga (Amendment) Bill 2025
- Evidence (Amendment) Bill 2025
- Court of Appeal (Amendment) Bill 2025
The Constitution of Tonga (Amendment) Bill 2025 proposed changes to Clause 50 of the Constitution, which would empower the Privy Council to hear appeals from the Magistrate’s Court and the Supreme Court on matters related to “customs”.
Clause 50(2) of the Constitution reads: "If any case shall be heard in the Land Court relating to the determination of hereditary estates and titles, it shall be lawful for either party thereto to appeal to the King in Privy Council which shall determine how the appeal shall proceed and the judgment of the King in Privy Council shall be final.”
The Amendment Bill adds a sub-clause, Clause 50(2A) – Constitution and powers of Privy Council, which reads:
"His Majesty in Privy Council shall be the appellate court to hear any appeal from a decision made in the Magistrate's Court, the Land Court or the Supreme Court in respect of customs and its application under clause 89A of the Constitution and the said appellate court shall determine how the appeal shall proceed: and their judgment in respect of any such appeal shall be final.”
Clause 89 of the Constitution relates to the powers of judges to control the procedure of the lower courts.
The Evidence (Amendment) Bill 2025 seeks to include “customs” under the exceptions relating to admissibility of oral evidence to vary or contradict written documents, and admissibility of hearsay evidence.
Questions
Members of the House raised questions during the debate.
People’s Representative Tongatapu no. 3, Siaosi Sovaleni, questioned the urgency of the bills and whether there were public consultations before they were tabled into the House.
The Speaker clarified that the urgent bills, as deemed by the Prime Minister, had bypassed the House Committees, but could be scrutinized by the Whole House Committee.
The bills were the submitted to the Committee of the Whole House.
The Deputy Prime Minister, Hon. Dr Taniela Fusimalohi said that the 2020 amendment to Clause 89 of the Constitution had not received Royal Assent because the Privy Council requested these amendments.
More powers to Privy Council
The Minister for Revenue & Customs Hon. Mateni Tapueluelu noted that the amendment would extend the Privy Council’s power. He noted it was important to include “customs” in the Constitution because of Clause 50's limitations on the Privy Council's power.
People’s Representative Tongatapu no. 9 Sevenitini Toumo‘ua raised concerns about a potential conflict of interest, stating that it was "very critical" if the bill was intended to “transfer power to the Privy Council.” He urged serious consideration if the Legislative Assembly was “shifting power from appropriate authorities.”
The Deputy PM, Fusimalohi stressed that if “customs” was not part of the law of Tonga, it would be lost. [What he meant here by “customs” was not clarified].
People’s Representative Vava’u no. 15 Samiu Vaipulu suggested amending Clause 92, which addresses the Court of Appeal's jurisdiction, instead of adding to Clause 50. He said government's law-making approach is "lazy."
The Minister for Police, Hon. Piveni Piukala said, “This is not a question of power. It is a question about who will determine our customs?” He stressed the importance of the House deciding where appeals should go, as “unwritten customs” cannot be determined by "foreign" judges.
Vaipulu replied, “I am not questioning power. My reason is when the Privy Council becomes a court.”
Toumo‘ua asked, “Should we let the foreign judges go back to their countries?”
A heated exchange between Piukala and Toumo‘ua led to the Chair of the Whole House Committee, Lord Tu‘ilakepa, intervening.
Vaipulu and Sovaleni expressed concerns about the future limitations of using customary law and potential confusion in court.
Minister Tapueluelu reassured the House that the government believed there would be no confusion as the Privy Council would ultimately make final decisions if the bill was passed.
Voting
The Constitution of Tonga (Amendment) Bill 2025 passed with a majority vote of 23-0.
The Evidence (Amendment) Bill 2025 and Court of Appeal (Amendment) Bill 2025 passed with a majority of 25-0 votes, with amendments.
These Bills must be given the Royal Assent before they become law.
The Court of Appeal (Amendment) Bill 2025 proposes revisions to the Principal Act to align with the Constitution of Tonga (Amendment) Act 2020 and ensure consistency with the current Court of Appeal Act.
Civil Registration and Digital Identification Bill 2025
Meanwhile, the Civil Registration and Digital Identification Bill 2025 also tabled by the Minister for Justice, was referred to the Law Committee for further consideration and for public consultation. The Committee is due to report back to the House on 4 August.
