Tongan tradition and custom to be applied in the courts ^Featured

Under the legislative change, introduced by the acting Justice Minister, Samiu Vaipulu, they want Supreme Court Judges to take account of Tonga's traditional culture when they are making decisions.

"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."

Kalafi Moala Photo: supplied

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

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

Aminiasi Kefu Photo: RNZI / Koro Vaka'uta

He said Tonga culture is already recognised by the courts with the Tonga Apology being allowed during mitigation, but sometimes defendants have 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.

Acting Justice Minister, Samiu 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."

Acting Tonga Justice Minister, Samiu Vaipulu 

Samiu Vaipulu said the amendment didn't need to go to public consultation because was is not changing any law, just adding to it.

The Clause 89 amendment still had to be signed off by King Tupou VI before it becomes law.

- RNZI