The appellate judges yesterday dismissed an appeal from Sione Kauate Tupouniua at the Nukuʻalofa Court of Appeal, making a disqualification order from the Election Office final and enforceable.
The Election Office had disqualified Tupouniua from seeking the nomination to candidacy because he failed to fulfil legal requirement stipulated by Tonga’s Electoral Act Section 9(4).
Mr Justice Hansen, Mr Justice Hon Salmon and Chief Justice Hon Scott were not convinced by the judgement made by Judge Charles Cato at the Supreme Court on November 10 upholding an appeal by Tupouniua to order the Election Office to process his nomination because he settled his debt prior to the nomination date.
Tupouniua was able to convince Mr. Cato that he informed the Election Office about his intention to nominate while he was awaiting a judge at the Supreme Court to sign his clearance statement.
His clearance statement was signed on October 24 but when Tupouniua arrived at the Election Office he was told the nomination had been closed.
His counsel, Kahungungu Afeaki argued that Tupouniua has cleared his debts before the nomination closed although he was late when he arrived at the Election Office, an action he said falls within what clause 65 of the constitution was meant to be.
The appellate judges did not agree and clarified that section 9(4) was meant to protect candidates from falsifying or misleading the Election Office and that the Election Supervisor was right when he rejected Tupouniua’s nomination.
The Electoral Act section 9(4) requires potential candidates to submit their nomination forms together with written clearance from the Supreme Court that they have no record of an outstanding order under clause 65 of the Constitution.
The Election Office announced that all candidates who wanted to be nominated this year must register at its offices between the hours of 10am and 3pm on October 24.
