A Supreme Court judge has ordered Tonga’s Electoral Commission to register Sione Keuate Tupouniua after rejecting his application to stand as a candidate for this month's General Election, when he turned up late after nominations closed at 3pm on Friday, October 24 in Nuku'alofa.

Mr Justice Hon Cato in a judgment on Monday, November 10 granted Tupouniua’s application to review the refusal by the three respondents, the Supervisor of Elections Pita Vuki, the Chairman of the Electoral Commission Barrie Sweetman, and the Electoral Commission, to register his nomination.

He said the applicant’s attempted application to register was declined on this day by the Supervisor in his capacity as a Returning officer, later confirmed by the Chairman.

"The reason his application was declined was because the time for the acceptance of applications for nomination had closed when he had turned up at the Commission office to present his nomination as the closing of the nomination was 3pm. The problem the applicant faced in having his nomination accepted by 3pm was he was late in settling a judgment debt he had with a bank in Tonga as a consequence of the clearance of a telegraphic transfer sent from New Zealand to clear the debt."

He said because of the urgency of requiring a clearance from the Supreme Court in order to meet the 3pm closing time, the applicant paid out the debt in cash and obtained a bank clearance at about 2:15pm.

I accept on the evidence I have heard that the applicant arrived at the Supreme Court at 2:40pm and made application at the counter for a debt clearance in a handwritten document, which was time and dated stamped.

He also accepted that before the applicant had arrived at court on this day he had spoken to the Supreme Court Registrar and informed him of problems he was having associated with the bank clearance, and that both he and the Registrar were aware of the importance of obtaining the clearance to meet the 3pm closing time.

Wrong

The judge said the Electoral Commission staff and indeed the Supervisor of Elections had been made aware by the Registrar prior to 3pm, that the applicant had cleared his debt and that the Registrar had seen evidence of the bank’s clearance.

He said the Supervisor was also informed by the Registrar that he was having difficulty providing a formal clearance because the authority had to come from a judge.

“I was the only judge available that day and was engaged in court that afternoon,” he said.

He said the applicant went from the court to the Electoral Commission office shortly after 2pm without the clearance of the debt in order to present his nomination.

“I accept the evidence from Commission officers that not only did he not have a clearance from the Supreme Court nor did have one from Magistrate. I accept he arrived shortly after 3pm and was told it was closed.The Registrar who appreciated the urgency then obtained authorization from me while I was I court. I authorized the clearance which occurred after 3pm,” he said.

“In this case, it is plain that prior to the closing time of 3pm the Commission were aware that the applicant intended to nominate and was awaiting the clearance from the Supreme Court. His judgment debt had to be the first respondent’s knowledge as I have said, also been satisfied. He was appropriately qualified to stand for Parliament and wished to do so. I consider that rejecting his candidature in these circumstances was wrong.”

The judge ordered that the applicant had fulfilled all nomination requirements under section 9 of the Electoral Act and is not disqualified under the Constitution from being a candidate for the election.

Candidates for the election must present clearance letters from both the Supreme and Magistrate's Court of any outstanding debts when registering to run.