By Elections should be held whenever there is a vacancy in Parliament, said the Electoral Commissioner Pita Vuki today.

Two People's Representatives seats, for Tongatapu 10 and Tongatapu 7 constituencies, are vacant after the Supreme Court voided the election of the current members.

Dr Pohiva Tu’i’onetoa (TBU 10) and Sangster Saulala (TBU7) the Minister of Internal Affairs, were found to have committed bribery in the lead-up to the 2021 November General Election, after two separate election petitions were successful in the court.

The judgment for Tu'i'onetoa was released last Friday and the judgement for Saulala this morning. 

What happens next, Vuki told Matangi Tonga this afternoon, there should By-Elections whenever there is a vacancy in Parliament.

“We are not sure if they [will] appeal but once confirmed, a date for by-elections will be set in consultation with the Speaker of the Legislative Assembly.”

Electoral Act 

Meanwhile, according to the Electoral Act, "where it is reported by the Supreme Court on the trial of an election petition that corrupt or illegal practices committed in relation to the election....if he has been elected, shall be void and if he has already taken his seat in the Legislative Assembly, he shall unseated by the Assembly."

At the conclusion of the trial of an election petition the Court shall also certify in writing the determination of the case to the Speaker.

Under disqualification, the Act states that a person who is unseated or whose election is declared void, that person shall not be nominated as a candidate at any election held within five-years of the date, when he is ordered to be unseated or his election declared void.