The seat for the Tongatapu No.4 People’s Representative to Parliament will remain vacant until at least April this year, after Mateni Tapueluelu lost the seat in a Supreme Court ruling on December 11, 2015.

The Acting Attorney General ‘Aminiasi Kefu said today section 6 of the Legislative Assembly Act said the Supreme Court's decision declared Mateni's election was in breach of clause 65 of the Constitution, and therefore the seat for the electoral constituency the Tongatapu 4 seat has been vacated.

“Accordingly, he ceased to be the People's Representative since 11 December 2015, and he cannot sit in the upcoming parliament session in February 2016,” said 'Aminiasi.

The Supreme Court ruling on December 11, 2015 declared his election was unconstitutional due to outstanding debts in a court order from 2011.

However, if Mateni's appeal to the Court of Appeal is successful in early April this year, then he may regain his seat in parliament and he can be paid his parliamentary remuneration from 11 December 2015, said ‘Aminiasi.

If Mateni loses the appeal, then a by-election election to replace him will be held.

There is also another possibility for the Tongan Parliament to have another seat vacant when it will open for its 2016 parliamentary session.

Lavulavu

The Acting Attorney General said with regards to 'Etuate Lavulavu People's Representative for Vava'u 16, the election petition case against him had not been determined by the Supreme Court.

"If the election petition is upheld against 'Etuate, then he will be deemed to have been unseated under the provisions of the Electoral Act, and so section 6 of the Legislative Assembly Act applies as well from the date of such a decision of the Supreme Court."

He said 'Etuate can also appeal to the Court of Appeal if there is a decision of the Supreme Court against him.

"If he is successful, he can regain his seat in parliament. Otherwise, he will lose his seat and will be prohibited from being nominated from any election held within 5 years from the date of being unseated under the Electoral Act by the Supreme Court."

The Supreme Court has not set a date at this stage for the judgment but it is expected this month.