Tonga’s Court of Appeal will make a judgement on Friday, 21 November regarding an appeal by the Supervisor of Elections and the 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.

Mr Justice Hon Peter Salmon, Mr Justice Hon Rodney Hansen and the Chief Justice Hon Michael Scott will deliver their judgement not before 3pm tomorrow, at the Nuku’alofa Supreme Court.

This afternoon the Appeal Cour heard legal submissions from the Acting Attorney General ‘Aminiasi Kefu on behalf of the appellants, namely the Supervisor of Elections Pita Vuki and Commission Chairman Barrie Sweetman, and from Kahungunu Afeaki representing Sione Tupouniua.

The Appeal Court was recalled and the overseas judges flew to Tonga to hear this appeal, due to its urgency, since the General Election will be held next week, on Thursday 27 November.

The appeal arises out of a judgement by Mr Justice Cato on 10 November at the Supreme Court ordering the Election Supervisor, the Chairman and the Electoral Commission to register 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 therefore granted Tupouniua’s application to review the refusal to accept his nomination, and the candidate was registered on 12 November.