The Parliament has passed a Bill to amend Tonga’s Constitution.
The amendment added on a clause 89A to allow undefined Tongan “tradition” to be used in the power of courts and tribunals, without applying rules of evidence.
There was no public consultation. The amendment goes to the King before it can be gazetted.
“Clause 89 - Power”, of the Tongan Constitution reads "The judges shall have the power to direct the form of indictments to control the procedure of the lower Courts, and to make rules of procedure.”
Acting Minister of Justice, Samiu Vaipulu informed the House that the intention of the Bill is for Supreme Court Judges to take Tonga’s “traditional culture into consideration “when making their court decisions.
The Amendment Bill, Clause 89A – Application of Tongan Customs, reads:
“Customs in Tonga comprise all reasonable and sufficiently certain customs, traditions, practices, values and usages of Tongans: and every Court or Tribunal in the Kingdom, where relevant, shall have regard thereto when deciding any matter before them for decision. Custom requires to be established in evidence but in so doing a Court or Tribunal shall not apply technical rules of evidence but shall admit and consider such information as is available. Tongan Custom shall not be lost by reason of lack of recent usage.”
After its First Reading in Legislature, the Bill was lowered to the Justice Standing Committee.
It was later submitted to the Committee of the Whole House on 15 October for its deliberation, before it was resubmitted to the Legislature for its final reading.
The Bill was passed last week.