Kingdom of Tonga

Overview

Tonga is unique among Pacific Islands Countries in that is has retained some characteristics of its traditional indigenous governance. The archipelagos of "The Friendly Islands" were united into a Polynesian kingdom in 1845. Tonga became a constitutional monarchy in 1875 and a British protectorate in 1900; it withdrew from the protectorate and joined the Commonwealth of Nations in 1970. Tonga is the only monarchy in the Pacific.

Tonga is located about two-thirds the way from Hawaii to New Zealand. The country gained independence from the United Kingdom in 1970.

Government

Tonga is a Constitutional Monarchy. King George Tupou V has been the Head of State since 11 September 2006. The Prime Minister and Deputy Prime Minister are appointed by the monarch and supported by a fourteen member Cabinet. Of those, ten were appointed by the monarch for life, four were appointed from among the elected members of the Legislative Assembly including two each from the noble’s and people’s representatives who serve three year terms. A Privy Council with the monarch, cabinet, and two governors also exists.

The unicameral Legislative Assembly (Fale Alea) has 32 seats, fourteen of which are reserved for cabinet ministers, nine for nobles (who are selected by Tonga’s 33 nobles).

Demography

As of July 2007 the Tongan population was estimated to be 116,921. The median age is 21.3 years. Life expectancy is approximately 70 years.

Economy

Twenty-four percent of Tongans live below the poverty line. Tonga’s GDP per capita is US $2,200 (more than double that of Tokelau). Tonga’s exports are predominantly agricultural and a high proportion of food is imported from New Zealand. Tonga has a reasonably sound basic infrastructure and well-developed social services. High unemployment among the young, a continuing upturn in inflation, pressures for democratic reform, and rising civil service expenditures are major issues facing the government.

Legal System

Court structure and the legal system

The Tongan Court structure is typical of the inferior, superior and Court of Appeal model with the addition of a Privy Council (see comments above) and the Land Court.

The Land Court applies the Land Act 1927 and addresses all questions of title affecting land or any interest in land. The Privy Council has jurisdiction to hear appeals from the land court in relation to hereditary estates and titles.
Tonga has retained capital punishment in respect of convictions for murder pursuant to s 91 of the Criminal Offences Act 1988. That section identifies life imprisonment as an alternative sentence whilst s 33 provides for the King, to commute the sentence to one of life imprisonment, if the consent of the Tongan Privy Council is given.

Judiciary

A Privy Council is constituted of the monarch, cabinet, and two governors. The Court of Appeal constitutes the Chief Justice and other judges appointed by the monarch with the consent of the Privy Council. The Chief Justice is the President of the Court of Appeal. That court must sit with at least three members (except on appeals from interlocutory orders which may be determined by two judges). The Registrar of the Court of Appeal is also the Registrar of the Supreme Court

The Supreme Court consists of a Chief Justice and judges appointed by the King with the consent of the Privy Council. In civil cases a single judge normally constitutes the courts but a party to a dispute has the right to claim trial by jury where there is any issue of fact raised. The right to trial by jury is guaranteed in relation to offences punishable by a term of imprisonment of more than two years (or a fine of 500 pa’anga) however the right is rarely exercised.
The Magistrates’ courts are constituted of a Chief Police Magistrate or district magistrate appointed by the Prime Minister with consent of the Cabinet.

Custom and the influence on the legal system

Tonga is the only country within the Region which does not have the express provision in written law for the application of customs or customary law. However there are circumstances where the courts will apply custom or customary law. In Nainoa v Vaha’I (1926) II Tongan LR 22 the Land Court held that a Tongan high chief and a Tongan woman of chiefly rank who were living together and had children (before any written laws regulating marriage had been enacted), must be presumed to have been married because they were considered man and wife and their children legitimate according to Tongan custom.