Tonga
The Court of Appeal in Tonga has dismissed the Public Service Commission’s (PSC) appeal against former Ministry of Tourism senior official Mary Magdalena Tafa Fifita, ordering the PSC to cover all of Fifita’s legal costs from both the Supreme Court and appeal proceedings.
Fifita, who held senior roles in the Ministry of Tourism for years, was dismissed in January 2024 following allegations of conflict of interest involving her daughter’s company, Matapa Services, which was contracted for government training programs. The case began when Siosaia Pahulu, a training coordinator at the Ministry of Tourism, filed a complaint with the PSC on April 11, 2023, alleging that Fifita had improperly awarded T$55,300 in contracts to Matapa Services.
The Court of Appeal upheld Justice Cooper’s earlier ruling that Fifita’s dismissal was unlawful, citing multiple procedural failures in the PSC’s investigation. Notably, Fifita was never given the complaint against her or a chance to respond. The investigator, the Ministry of Tourism’s CEO, Mr. Viliami Takau, failed to consider testimony from a witness who confirmed Fifita had disclosed her conflict of interest. The investigator uncritically adopted an auditor’s report without independent scrutiny and breached regulations by directly recommending disciplinary action.
The Appeal judges ruled the PSC’s process was “incomplete and unfair,” violating statutory requirements. This case underscores the necessity for public institutions to adhere to proper procedures in disciplinary actions to ensure fairness and legality.
