Tonga’s Court of Appeal will preside over a special session on Thursday, 20 November to urgently hear an appeal by the Supervisor and Chairman of Tonga’s Electoral Commission against a judgment to register Sione Tupouniua, as a candidate for Tongatapu No.1 constituency for the General Election.

The Supreme Court office today said the appeal was filed on Wednesday, 12 November by the Acting Attorney General ‘Aminiasi Kefu on behalf of the appellants, namely the Supervisor of Elections Pita Vuki and Commission Chairman Barrie Sweetman against Sione Tupouniua.

The Appeal Court judges Mr Justice Salmon, Mr Justice Handley, Mr Justice Hansen and Mr Justice Tupou have been recalled, due to its urgency, since Tonga's General Election will be held in less than two-weeks, on 27 November.

Judgment

The appeal arises out of a judgment by Mr Justice Cato on 10 November at the Supreme Court ordering the Election Supervisor, the Chairman and the Electoral Commission to register Sione Tupouniua, whose application as a candidate they rejected when he turned up late after nominations closed at 3pm on Friday, 24 October.

The judge ruled that Tupouniua had fulfilled all nomination requirements under Section 9 of the Electoral Act and was not disqualified under the Constitution from being a candidate for the election.

He said it was plain prior to the closing time of 3pm the Commission and Supervisor were aware that he intended to nominate and was awaiting the clearance from the Supreme Court, and that he had cleared his judgment debt with the court. Rejecting his candidature under these circumstances was wrong.

He granted Sione Tupouniua's application to review the three parties refusal to accept his nomination.

In the meantime, the candidate has been registered on 12 November in Nuku'alofa.