Tonga to allow tradition to apply in court

AUCKLAND: The Tongan Parliament has unanimously voted to change the constitution to allow Tongan tradition and custom to be applied in the courts.

Under the legislative change, introduced by acting Justice Minister Samiu Vaipulu, it wants Supreme Court judges to take account of Tonga’s traditional culture when making decisions.

Under the Clause 89 amendment, the judges would be required to consider custom, traditions and culture, RNZ Pacific correspondent Kalafi Moala said.

‘‘In other words, if there are customary things that are in place, that whatever judgement they do in court they need to take those into consideration, to influence or affect their judgement.’’

Some in Tonga have welcomed the incorporation of tradition into the constitution.

A former solicitorgeneral, Aminiasi Kefu, said culture was relevant to the interpretation of law but he said that was already happening in Tonga.

He said Tongan culture was already recognised by the courts, with the ‘‘Tongan apology’’ being allowed during mitigation, but sometimes defendants had abused this.

‘‘The courts have taken a cautionary approach to considering when they perform Tongan apologies by the family of the defendant against the victim, because the courts and judges, since the 1990s, have realised that some defendants have just gone in and conducted the Tongan apology just as a way of getting out of culpability,’’ he said.

Vaipulu said the constitutional changes were just following similar moves in the Pacific.

Vaipulu acknowledged that the Tongan apology was already part of the legal process, but he said it was not written into law.

‘‘It is something that other Pacific Islands have done, but here in Tonga we haven’t done it, so there is no law or legislation being changed at all, it is just for the judges to take it into consideration.’’

Vaipulu said the amendment did not need to go to public consultation because it was not changing any law, just adding to it.

The Clause 89 amendment must be signed off by King Tupou VI before it becomes law. — RNZ