Supreme Court of Tonga

The Supreme Court of Tonga is the superior court in Tonga. It hears criminal and civil cases and acts as an appellate court for Tonga's inferior courts, the Magistrates' Courts.

This article is about the superior court in Tonga. For the highest appellate court in Tonga, see Court of Appeal of Tonga.

Jurisdiction

The Supreme Court can hear appeals as of right from any judgment or decision of the Magistrates' Courts.

The Supreme Court has original jurisdiction to try civil matters when the amount in dispute exceeds T$500 and in all matters of divorce, probate and admiralty. It can try any criminal offence that is indictable as well as summary conviction offences that carry a maximum penalty more than T$500 and/or two years' imprisonment. The Supreme Court cannot hear appeals from the Land Court.

Appeals from decisions of the Supreme Court may be heard by the Court of Appeal, which is the final court of appeal for most matters.

Structure

The Supreme Court is headed by the Lord Chief Justice of the Supreme Court; the court usually has one other Supreme Court justice. (The Chief Justice of the Supreme Court is not the Chief Justice of Tonga—this position is held by the President of the Court of Appeal. However, in practice, the position is usually held by the same person.) The justices are appointed by the monarch and are usually foreign nationals from Commonwealth jurisdictions. Supreme court justices are appointed for two-year terms, which are renewable.

In 2018, Laki Niu became the first Tongan to be a member of the Court in over a hundred years.[1] Justice Minister Sione Vuna Fa'otusia aims to have an all-Tongan court by 2020.

As of June 2020 the members of the court are:[2]

  • Lord Chief Justice Hon. Michael H. Whitten QC
  • Justice Charles Bentley Cato
  • Justice Laki Niu

References
  1. "Tonga's Justice Minister welcomes historic court appointment". RNZ. 28 June 2018. Retrieved 20 June 2020.
  2. "Supreme Court". Tongan Ministry of Justice. Retrieved 20 June 2020.
  • Jennifer Corrin-Care, Tess Newton and Don Paterson Introduction to South Pacific Law (Cavendish Publishing Ltd: London, 1999).
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