Tonga's first Anti-Corruption Commissioner, a New Zealander, Mr. Chris LaHatte, was sworn into office before the Tonga Cabinet on Friday 5 July 2024.

Mr LaHatte, a lawyer from Wellington, was appointed by the King in Privy Council on 28 March this year.

In announcing the establishment of the Office of the Anti-Corruption Commissioner, the Tonga Government stated that it was a a significant milestone in the nation's ongoing commitment to promoting transparency, integrity, and accountability in public office.

The first Executive Director of the office, Tongan lawyer, Mele Fakatouato Mangisi, was appointed in June to lead the office, which commenced operations this week on Monday 1 July.

It has taken 17 years for the office to be established, since the passing of the Tongan legislation in September 2007.

The Office of the Anti-Corruption Commissioner is an independent body responsible for investigating and preventing corruption within Tonga. It operates with the authority to review, investigate, and recommend actions and/or prosecute against corrupt practices of persons holding or who have held public office. Its establishment is expected to make a profound impact on enhancing integrity for public office.

Leadership

Mr. LaHatte’s qualifications include an LLB from Auckland, an MMgt in Dispute Resolution (Massey), and a Post Graduate Certificate in Restorative Justice from Victoria University of Wellington. He is a Fellow of both the Arbitrators' and Mediators' Institute of New Zealand (AMINZ) and the Chartered Institute of Arbitrators (CIArb). Mr. LaHatte's extensive professional experience includes practice as a barrister, mediator, and Ombudsman. He is a family man, with three children and one granddaughter.

Ms. Mangisi’s qualifications include an LLB from Waikato, a Post Graduate Certificate in Professional Legal Studies from Auckland, and a Master of Public Policy from the Australian National University.

Scope of the Anti-Corruption Commissioner Act

The Anti-Corruption Commissioner Act outlines a comprehensive list of offences under Schedule 2, including but not limited to:

• Official misconduct, including breach of trust, fraud in office, misfeasance in public office, nonfeasance, malfeasance, oppression, extortion or imposition
• Bribery
• Blackmail
• Obtaining or offering secret commissions
• Fraud
• Theft
• Wilful damage of public property
• Perverting the course of justice
• Embezzlement
• Election bribery
• Election funding offenses
• Election fraud
• Treating
• Tax evasion
• Revenue evasion
• Currency violations
• Illegal drug dealings
• Illegal gambling
• Obtaining financial benefit by vice engaged in by others
• Bankruptcy and company violations
• Harboring criminals
• Forgery
• Treason or other offenses against the Sovereign
• Homicide or violence
• Matters of the same or a similar nature to any listed above
• Any conspiracy or attempt in relation to any of the above

Strategic relationships

In a statement the new office-holders said the initial phase will focus on setting up the office and establishing key relationships with vital stakeholders, including the Ombudsman, Auditor General, Attorney-General, Police Commissioner, Public Service Commission, Public Enterprises, Public Service, and the general public. “These relationships are essential for the effective functioning of the Office and for fostering a collaborative approach to combating corruption,” they said.

Organization

Key functions will cover:

• Investigations
• Prosecutions
• Training and Outreach
• Corporate Services

Mandate

The work of the Commission also promises to encompass a broad range of activities aimed at promoting education and public awareness, developing a robust complaint system, facilitating whistleblowing, and conducting investigations. The Commission is empowered to undertake its duties through various tools and powers, including:

• Issuing notices to produce information
• Requiring attendance and obtaining documents
• Exercising powers of entry
• Issuing injunctions
• Conducting compulsory examinations
• Holding public inquiries
• Summoning and arresting witnesses
• Executing search warrants and
• Seizing property.