The King’s Judicial Appointments and Discipline Panel is looking for a Tongan to replace the Lord Chief Justice Michael Whitten KC of Australia, who completed a four year appointment at the end of August.

“His Majesty’s Panel have called for expressions of interest from suitably qualified members of the Tongan legal profession, for the position of a new Lord Chief Justice of the Supreme Court and Lord President of the Land Court and Court of Appeal,” the Lord Chancellor, Tu‘inukutavake Barron Afeaki, who chairs the panel, said in a statement this week.

The appointment will be in accordance with clauses 83C and 86 of the Constitution. The panel, consisting of the Lord Chancellor, the Lord Chief Justice, the Attorney General and the Law Lords [2] will make a recommendation to the King in Privy Council.

The Constitution requires that the candidates for Lord Chief Justice hold high judicial office. It also states that “(i) he [sic] is qualified to practise as an advocate in a court in some part of the Commonwealth having unlimited jurisdiction in civil or criminal matters;” and that “(ii) he [sic] has been qualified so to practise for not less than ten years.”

Meanwhile, two women have received high acting appointments.

The King in Council has approved the appointments of Justice Petunia Tupou KC [3] as Acting Lord Chief Justice, Acting President of the Land Court and Acting President of the Court of Appeal.

Senior Magistrate ‘Elisapeti Langi [4] was appointed as Acting Judge of the Supreme Court and the Land Court and has sworn her judicial oath.

Tevita Tai Fukofuka was appointed as a Senior Magistrate of the Magistrates Court. He was sworn in as a Magistrate before the Lord Chancellor at a ceremony convened by Acting Chief Justice Tupou and the Judiciary on 7 September 2023.

“Senior Magistrate Tevita Tai Fukofuka has practiced for over 10 years in the legal profession; two years in private practice and eight years in Government service, most recently for four years as the Registrar of the Supreme Court, Land Court and Court of Appeal,” stated the Lord Chancellor.

The Lord Chief Justice will be the professional Head of the Judiciary.

The Constitution requires that the King in Privy Council, after receiving advice from the Judicial Appointments and Discipline Panel, shall determine the terms of appointment of the Lord Chief Justice and Judges of the Supreme Court, and may dismiss them.

Tonga has, in modern times, previously appointed senior judges from Australia, New Zealand and Great Britain to head the judiciary.