Tonga is an island country in Oceania. The country has 171 islands, of which 45 are inhabited. The population of this country is approx 99,000 with 748 square kilometers area. Ethnically, 97% are Tongan, and the official languages are Tongan and English. Religiously, 97% are Christian, and internally it is divided into many branches of Christianity.
According to the Constitution of Tonga, If it is proven that someone has bribed or threatened voters with the intention of being elected as a representative to the council, the council will remove him or her from office. Although it would have been better if the matter had been handled by the Supreme Court - but the initiative is good.
The writing style of Tonga's constitution is not up to standard. It is completely childish. Not only that, its system of governance is also childish. Tonga was under an absolute monarchy for more than a century, but finally, in the face of movement and public outrage, a partial change was made to the constitution. The garbage of the monarchy has not yet been completely removed. The new system is 50% absolute monarchy and 50% ceremonial monarchy. The cabinet has partial power. All constitutional officeholders swear allegiance to God and the king. The overall system is like 'the king's power without responsibility and the cabinet's responsibility without power'.
In addition, the aristocracy continues. The Tongan parliament has a total of 26 members: 17 representatives, who are directly elected by the people. And 9 nobles, who are nominated by members of the Tongan elite. The nobles elect among themselves and represent themselves for 9 seats in parliament. They participate in the law-making process and play a role in political decision-making. All land is the property of the king, and he may grant one or more properties to the nobles and chiefs or matabulas as hereditary property at his pleasure.
Admirable Articles of Tonga's Constitution
12. Accused cannot be tried twice
No one shall be tried again for any offence for which he has already been tried whether he was acquitted or convicted except in cases where the accused shall confess after having been acquitted by the court and when there is sufficient evidence to prove the truth of his confession.
66. Threats and bribery
Any person elected as a representative who shall be proved to the satisfaction of the Assembly to have used threats or offered bribes for the purpose of persuading any person to vote for him shall be unseated by the Assembly.
94. Judge may not hear appeal from own decision
It shall not be lawful for any judge to sit or adjudicate upon an appeal from any decision which he may have given.
Facts of Tonga's Constitution
Preamble
Granted by His Majesty King George Tupou I on the fourth day of November One thousand eight hundred and seventy-five and since amended in accordance with the law on divers dates mentioned in the endnotes to this revised edition.
1. Declaration of freedom
Since it appears to be the will of God that man should be free as He has made all men of one blood therefore shall the people of Tonga and all who sojourn or may sojourn in this Kingdom be free for ever. And all men may use their lives and persons and time to acquire and possess property and to dispose of their labour and the fruit of their hands and to use their own property as they will.
6. Sabbath Day to be kept holy
The Sabbath Day shall be kept holy in Tonga and no person shall practise his trade or profession or conduct any commercial undertaking on the Sabbath Day except according to law; and any agreement made or witnessed on that day shall be null and void and of no legal effect.
30. Form of Government
The form of government for this Kingdom is a Constitutional Monarchy under His Majesty King George Tupou V and his successors.
32. Succession to the Throne
The right and title of King George Tupou I to the Crown and Throne of this Kingdom were confirmed by the Constitution of 1875 and it was further declared in the said Constitution that the succession to the Crown and Throne should devolve upon David Uga and then upon Wellington Gu and then upon them begotten by him in marriage and if at any time there be no heirs of Wellington Gu the Crown and Throne shall descend in accordance with the following law of succession:
It shall be lawful only for those born in marriage to succeed.
The succession shall be to the eldest male child and the heirs of his body but if he should have no children to the second male child and the heirs of his body and so on until all the male line shall be ended.
Should there be no male child the eldest female child shall succeed and the heirs of her body and if she should have no children it shall descend to the second female child and the heirs of her body until the female line is ended.
And if there shall be none of this line of David Uga lawful descendants by marriage to succeed to the Crown of Tonga it shall descend to William Tungi and his lawful heirs begotten by him in marriage and to their heirs begotten by them.
And if there should be no lawful heir the King shall appoint his heir if the House of Nobles consent to it (the representatives of the people having no voice in the matter) and he shall be publicly declared heir to the Crown during the King's life.
Should there be no heir to the Crown or successor who has been so publicly proclaimed the Prime Minister or in his absence the Cabinet ministers shall convoke the nobles of the Legislative Assembly (the representatives of the people having no voice in the matter) and when they meet the House of Nobles shall choose by ballot some one of the chiefs whom they wish to succeed as King. And he shall succeed as the first of a new dynasty and he and the heirs of his body born in marriage shall possess the Crown according to law.
And in the event of there being none to succeed according to this law the Prime Minister or in his absence the Cabinet ministers shall again convoke the nobles of the Legislative Assembly in accordance with this law and they shall choose one to succeed to the Throne as the first of a new dynasty and so on according to this law for ever.
33. Heir Apparent may not choose consort
1. It shall not be lawful for any member of the Royal Family who is likely to succeed to the throne to marry any person without the consent of the King. And if any person should thus marry the marriage shall not be considered legal and it shall be lawful for the King to cancel the right of such person and his heirs to succeed to the Crown of Tonga. And the next person in succession to him who so marries shall be declared the heir and the offender shall be regarded as dead.
2. The expression "any member of the Royal Family who is likely to succeed to the throne" in the last preceding sub-clause shall be construed to include all persons born in lawful marriage and related by descent either lineally or collaterally to the King but not more than twenty times removed from the King.
34. Coronation oath
The following oath shall be taken by those who shall succeed to the throne—
"I solemnly swear before Almighty God to keep in its integrity the Constitution of Tonga and to govern in conformity with the laws thereof."
41. King's powers – Signature to Acts
The King is the Sovereign of all the Chiefs and all the people. The person of the King is sacred. He reigns the country but his ministers are responsible. All Acts that have passed the Legislative Assembly must bear the King's signature before they become law.
48. Royal property
The lands of the King and the property of the King are his to dispose of as he pleases. The Government shall not touch them nor shall they be liable for any Government debt. But the houses built for him by the Government and any inheritances which may be given to him as King shall descend to his successors as the property and inheritance of the Royal line.
60. Representative members
There shall be elected by the nobles of the Kingdom from their number nine nobles as representatives of the nobles and there shall be elected by electors duly qualified seventeen representatives of the people. The Legislative Assembly shall determine the boundaries of electoral districts for the election of representatives of the nobles and shall establish an independent Commission to determine the boundaries of the electoral constituencies for the election of representatives of the people:
Provided that the constituency boundaries for the general election of 2010 shall be based on the recommendations of the Royal Constituency Boundaries Commission as approved by the Legislative Assembly.
67. Privilege of nobles
It shall be lawful for only the nobles of the Legislative Assembly to discuss or vote upon laws relating to the King or the Royal Family or the titles and inheritances of the nobles and after any such bill has been passed three times by a majority of the nobles of the Legislative Assembly it shall be submitted to the King for his sanction.
104. Land vested in crown – sale prohibited
All the land is the property of the King and he may at pleasure grant to the nobles and titular chiefs or matabules one or more estates to become their hereditary estates. It is hereby declared by this Constitution that it shall not be lawful for anyone at any time hereafter whether he be the King or any one of the chiefs or the people of this country to sell any land whatever in the Kingdom of Tonga but they may lease it only in accordance with this Constitution and mortgage it in accordance with the Land Act. And this declaration shall become a covenant binding on the King and chiefs of this Kingdom for themselves and their heirs and successors for ever.
