Political Finance Database

Tonga

Tonga

2018
Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
No
Comment

 

The issue is premature in the present stage of political development in Tonga which does not have a formal political party system.

Source

 The 14 independent candidates elected at the November 2017 Tongan national election belong to the registered organisation known as the Democratic Party of the Friendly Islands.  However, no legislation yet exists for the registration and regulation of poltical parties or their finances. The Report of the Commonwealth Election Observers Group on the 2017 election recommended that" Should poltical parties become formalised, their campaign  expenditure should also be regulated". The Report also recognised the lack of any provisions to track donations for election campaigns. 

Source: Tonga Global Integrity Report 2008; Inter-parliamentary Union Parline database; Report of the Commonwealth  Observer Group, Kingdom of Tonga National Parliamentary Election,16th November, 2017. 

2. Is there a ban on donations from foreign interests to candidates?
Code
No
Comment

The issue is premature in the present stage of political development in Tonga.

Source

No legislation exists to regulate donations to candidates. 

Source: Tonga Electoral Commission, http://www.tongaelections.com/index.php/elections/laws-and-regulations

3. Is there a ban on corporate donations to political parties?
Code
No
Comment

The issue is premature in the present stage of political development in Tonga, which does not have a formal poltical party system.

Source

The 14 independent candidates elected at the November 2017 Tongan national election belong to the registered organisation known as the Democratic Party of the Friendly Islands.  However, no legislation yet exists for the registration and regulation of poltical parties or their finances. The Report of the Commonwealth Election Observers Group on the 2017 election recommended that" Should poltical parties become formalised, their campaign  expenditure should also be regulated". The Report also recognised the lack of any provisions to track donations for election campaigns. 

Source: Tonga Global Integrity Report 2008; Inter-parliamentary Union Parline database; Report of the Commonwealth  Observer Group, Kingdom of Tonga National Parliamentary Election,16th November, 2017. 

 

4. Is there a ban on corporate donations to candidates?
Code
No
5. Is there a ban on donations from Trade Unions to political parties?
Code
No
Comment

 

 The issue is premature in the present stage of political development in Tonga which does not have a formal system of poltical parties.

Source

 

The 14 independent candidates elected at the November 2017 Tongan national election belong to the registered organisation known as the Democratic Party of the Friendly Islands.  However, no legislation yet exists for the registration and regulation of poltical parties or their finances. The Report of the Commonwealth Election Observers Group on the 2017 election recommended that" Should poltical parties become formalised, their campaign  expenditure should also be regulated". The Report also recognised the lack of any provisions to track donations for election campaigns. 

Source: Tonga Global Integrity Report 2008; Inter-parliamentary Union Parline database; Report of the Commonwealth  Observer Group, Kingdom of Tonga National Parliamentary Election,16th November, 2017. 

 

6. Is there a ban on donations from Trade Unions to candidates?
Code
No
Comment

 The issue is premature in the present stage of political development in Tonga.

Source

There is no legislation to regulate donations to candidates.

Source: Tonga Election Commission,  www.tongaelections.com/index.php/elections/laws-and-regulations

7. Is there a ban on anonymous donations to political parties?
Code
No
Comment

 There is no formal political party system in Tonga 

Source

 The 14 independent candidates elected at the November 2017 Tongan national election belong to the registered organisation known as the Democratic Party of the Friendly Islands.  However, no legislation yet exists for the registration and regulation of poltical parties or their finances. The Report of the Commonwealth Election Observers Group on the 2017 election recommended that" Should poltical parties become formalised, their campaign  expenditure should also be regulated". The Report also recognised the lack of any provisions to track donations for election campaigns. 

Source: Tonga Global Integrity Report 2008; Inter-parliamentary Union Parline database; Report of the Commonwealth  Observer Group, Kingdom of Tonga National Parliamentary Election,16th November, 2017. 

8. Is there a ban on anonymous donations to candidates?
Code
No
Comment

 The issue is premature in the present stage of political development in Tonga.

Source

There is no legislation to regulate donations to election candidates .

Source: Elections Act, 1989; Electoral Commission Act, 2010. (www.tongaelections.com/index.php/elections/laws-and-regulations)

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
Comment

There is no formal system of poltical parties in Tonga. 

Source

No legislation is yet required to address this issue. Current legislation only refers to behaviour of candidates for election.

 

Source: Electoral Act, 1989; Electoral Commission Act, 2010. 

10. Is there a ban on donations from corporations with government contracts to candidates?
Code
No
Comment

Blank

Source

 

Electoral legislation only refers to campaign expenditure of candidates , which indirectly limits donations from any source. 

 

Source: Electoral Act, 1989. 

11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
No
Comment

 

There is no formal system of political parties in Tonga. 

Source

Electoral legislation only refers to campaign expenditure of candidates , which indirectly limits donations from any source. 

 

Source: Electoral Act, 1989. 

12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No
Comment

Blank 

Source

Electoral legislation only refers to campaign expenditure of candidates ,which indirectly limits donations from any source. 

 

Source: Electoral Act, 1989. 

13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
No
Comment

There is no formal political party system in Tonga

Source

There are no provisions regarding such matters  in any electoral legislation. However the Electoral Commission can make recommendations for changes to the law concerning elections.

 

Source: Electoral Act, 1989, Section 10, Electoral Commision Act, 2010.  

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
No
Comment

There is no formal poltical party system in Tonga

Source

 The 14 independent candidates elected at the November 2017 Tongan national election belong to the registered organisation known as the Democratic Party of the Friendly Islands.  However, no legislation yet exists for the registration and regulation of poltical parties or their finances. The Report of the Commonwealth Election Observers Group on the 2017 election recommended that" Should poltical parties become formalised, their campaign  expenditure should also be regulated". The Report also recognised the lack of any provisions to track donations for election campaigns. 

Source: Tonga Global Integrity Report 2008; Inter-parliamentary Union Parline database; Report of the Commonwealth  Observer Group, Kingdom of Tonga National Parliamentary Election,16th November, 2017. 

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
Code
Not applicable
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
Comment

There is no formal poltical party system in Tonga 

Source

 The 14 independent candidates elected at the November 2017 Tongan national election belong to the registered organisation known as the Democratic Party of the Friendly Islands.  However, no legislation yet exists for the registration and regulation of poltical parties or their finances. The Report of the Commonwealth Election Observers Group on the 2017 election recommended that" Should poltical parties become formalised, their campaign  expenditure should also be regulated". The Report also recognised the lack of any provisions to track donations for election campaigns. 

Source: Tonga Global Integrity Report 2008; Inter-parliamentary Union Parline database; Report of the Commonwealth  Observer Group, Kingdom of Tonga National Parliamentary Election,16th November, 2017. 

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
Comment

The issue is premature in the present stage of political development in Tonga

Source

There is no legislation to regulate donations to election candidates.

Source: Source: Elections Act, 1989; Electoral Commission Act, 2010. (www.tongaelections.com/index.php/elections/laws-and-regulations)

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Not applicable
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
No
Comment

  

The issue is premature in the present stage of political development in Tonga

Source

  

There is no legislation to regulate donations to election candidates.

Source: Source: Elections Act, 1989; Electoral Commission Act, 2010. (www.tongaelections.com/index.php/elections/laws-and-regulations)

21. Is there a limit on in-kind donations to political parties?
Code
No
Comment

There is no formal poltical party sytem in Tonga. 

Source

 The 14 independent candidates elected at the November 2017 Tongan national election belong to the registered organisation known as the Democratic Party of the Friendly Islands.  However, no legislation yet exists for the registration and regulation of poltical parties or their finances. The Report of the Commonwealth Election Observers Group on the 2017 election recommended that" Should poltical parties become formalised, their campaign  expenditure should also be regulated". The Report also recognised the lack of any provisions to track donations for election campaigns. 

Source: Tonga Global Integrity Report 2008; Inter-parliamentary Union Parline database; Report of the Commonwealth  Observer Group, Kingdom of Tonga National Parliamentary Election,16th November, 2017. 

22. Is there a limit on in-kind donations to candidates?
Code
No
Comment

The issue is premature in the present stage of political development in Tonga

 

  

Source

There is no legislation to regulate donations to election candidates.

Source: Source: Elections Act, 1989; Electoral Commission Act, 2010. (www.tongaelections.com/index.php/elections/laws-and-regulations)

23. Is there a ban on political parties engaging in commercial activities?
Code
No
Comment

There is no formal poltical party system in Tonga.

Source

 The 14 independent candidates elected at the November 2017 Tongan national election belong to the registered organisation known as the Democratic Party of the Friendly Islands.  However, no legislation yet exists for the registration and regulation of poltical parties or their finances. The Report of the Commonwealth Election Observers Group on the 2017 election recommended that" Should poltical parties become formalised, their campaign  expenditure should also be regulated". The Report also recognised the lack of any provisions to track donations for election campaigns. 

Source: Tonga Global Integrity Report 2008; Inter-parliamentary Union Parline database; Report of the Commonwealth  Observer Group, Kingdom of Tonga National Parliamentary Election,16th November, 2017. 

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Comment

There is no formal political party system in Tonga

Source

 The 14 independent candidates elected at the November 2017 Tongan national election belong to the registered organisation known as the Democratic Party of the Friendly Islands.  However, no legislation yet exists for the registration and regulation of poltical parties or their finances. The Report of the Commonwealth Election Observers Group on the 2017 election recommended that" Should poltical parties become formalised, their campaign  expenditure should also be regulated". The Report also recognised the lack of any provisions to track donations for election campaigns. 

Source: Tonga Global Integrity Report 2008; Inter-parliamentary Union Parline database; Report of the Commonwealth  Observer Group, Kingdom of Tonga National Parliamentary Election,16th November, 2017. 

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
Comment

 

The issue is premature in the present stage of political development in Tonga

Source

There is no legislation to regulate donations to election candidates.

Source: Source: Elections Act, 1989; Electoral Commission Act, 2010. (www.tongaelections.com/index.php/elections/laws-and-regulations)

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No
Comment

There is no formal system of political parties in Tonga 

Source

There are no provisions in any electoral legislation regarding donations from any source. However the Electoral Commission can make recommendations for changes to the law  to address the issue of donations election candidates. 

Source: Electoral Act, 1989: Electoral Commission Act, 2010 

27. Are there provisions requiring donations to go through the banking system?
Code
No
Comment

Blank

Source

mm

here are no provisions in any electoral legislation regarding donations from any source. However the Electoral Commission can make recommendations for changes to the law  to address the issue of donations to election candidates. 

Source: Electoral Act, 1989: Electoral Commission Act, 2010 

Question Value
28. Are there provisions for direct public funding to political parties?
Code
No public funding available
Comment

  

The issue is premature in the present stage of political development in Tonga which has no formal system of political parties.

Source

 

 No legislation exists to provide any form of public funding to political parties. 

Source: Tonga Electoral Commission, http://www.tongaelections.com/index.php/elections/laws-and-regulations

29. What are the eligibility criteria for political parties to receive public funding?
Code
Not applicable
30. What is the allocation calculation for political parties to receive public funding?
Code
Not applicable
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
Not applicable
32. Are there provisions for free or subsidized access to media for political parties?
Code
No
Comment

  

The issue is premature in the present stage of political development in Tonga which has no formal system of political parties.

Source

  

 No provisions exit in any regulations or legislation to provide free or subsidised access to media for poltical parties.

Source: Tonga Electoral Commission, http://www.tongaelections.com/index.php/elections/laws-and-regulations

 

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Not applicable
34. Are there provisions for free or subsidized access to media for candidates?
Code
No
Comment

  

The issue is premature in the present stage of political development in Tonga.

Source

   

No legislation exists. 

Source: Tonga Electoral Commission, http://www.tongaelections.com/index.php/elections/laws-and-regulations

35. Are there provisions for any other form of indirect public funding?
Code
No
Comment

  The issue is premature in the present stage of political development in Tonga which has no formal system of political parties.

Source

 

No legislation exists. 

Source: Tonga Electoral Commission, http://www.tongaelections.com/index.php/elections/laws-and-regulations

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
Not applicable
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Comment

 The issue is premature in the present stage of political development in Tonga which has no formal system of political parties.

Source

 

No legislation exists. 

Source: Tonga Electoral Commission, http://www.tongaelections.com/index.php/elections/laws-and-regulations

Question Value
38. Is there a ban on vote buying?
Code
Yes
Comment

The penaities for vote buying were increased in 2010 when the fine for committing the offence of bribery was increased from $2,000 to $5,000. 

Source

It is illegal for any person to give or promise to give money or valuable gifts to influence the behavior of voters during the election or within 3 moths of the election.  Every person who committs bribery is guilty of an offence and is liable to a fine not exceeding $5,000 and imprisonment for up to 3 years.

Source: Section 21 Bribery, Electoral Act 1989;  Section 17, Electoral Amendment Act, 2010. 

39. Are there limits on the amount a political party can spend?
Code
No
Comment

 

The issue is premature in the present stage of political development in Tonga which has no formal system of political parties.

Source

 

No legislation or regulations exist to limit political party expenditure.

Source: Tonga Electoral Commission, http://www.tongaelections.com/index.php/elections/laws-and-regulations

40. If there are limits on the amount a political party can spend, what is the limit?
Code
Not applicable
41. Are there limits on the amount a candidate can spend?
Code
Yes
Comment

Limit on candidate expenditure is the only regulation of campaign financing that exists in Tonga. 

Source

No candidate may spend more than TOP $10,000 during, or 6 months before or after, any election campaign (US$4,556.50). The definition of campaign expendiure  includes the cost of entertaining (including food and drink) and the cost of transporting people to a polling station. 

Source: Section 24: Permitted Election Expenses, Electoral Act 1989.

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
$10,000
Comment

BLANK 

Source

  

No candidate may spend more than $10,000 during, or 6 months before or after, any election campaign. The definition of campaign expendiure  includes the cost of entertaining (including food and drink) and the cost of transporting people to a polling station. 

Source: Section 24: Permitted Election Expenses, Electoral Act 1989.

 

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
Yes, spending limit for party/candidate includes spending by other on their behalf
Comment

BLANK 

Source

No candidate, or anyone acting on his/her behalf, may spend more than $10,000 during, or 6 months before or after, any election campaign. The definition of campaign expendiure  includes the cost of entertaining (including food and drink) and the cost of transporting people to a polling station. 

Source: Section 24 (2) : Permitted Election Expenses, Electoral Act 1989.

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
Comment

 

BLANK 

Source

No candidate may spend more than $10,000 during, or 6 months before or after, any election campaign. The definition of campaign expendiure  includes the cost of entertaining (including food and drink) and the cost of transporting people to a polling station. The legislation does not specifically identify media advertising as an electoral expense, but it would be allowed if the total of campaign expenses, including media advertising, did not exceed $10,000.  

Source: Section 24: Permitted Election Expenses, Electoral Act 1989.

45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
Source

The Electoral Act does not regulate online media expenditure.

46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Comment

BLANK

Source

The Electoral Act does not regulate online media expenditure. However, no candidate may spend more than $10,000 during, or 6 months before or after, any election campaign.  

Source: Section 24: Permitted Election Expenses, Electoral Act 1989.

Question Value
47. Do political parties have to report regularly on their finances?
Code
No
Comment

 

The issue is premature in the present stage of political development in Tonga which does not have a formal political party system.

Source

No legislation exists.  The  Commonwealth Observers Report on national election in 2017 recommended that " should the trend toward a political party system in Tonga, consideration should be given to the development of a legal regulatory framework and a programme of public dialogue and civic education, which may be useful in addressing emerging issues, including in relation to campaign financing".  

Source: Report Commonwealth Observers Group, Kingdom of Tonga National Parliamentary Election 16th November 2017, p 28.  

48. Do political parties have to report on their election campaign finances?
Code
No
Comment

The issue is premature in the present stage of political development in Tonga which does not have a formal political party system.

Source

No legislation exists.  The  Commonwealth Observers Report on national election in 2017 recommended that " should the trend toward a political party system in Tonga, consideration should be given to the development of a legal regulatory framework and a programme of public dialogue and civic education, which may be useful in addressing emerging issues, including in relation to campaign financing".  

Source: Report Commonwealth Observers Group, Kingdom of Tonga National Parliamentary Election 16th November 2017, p 28.  

49. Do candidates have to report on their election campaign finances?
Code
Yes
Comment

The Tonga Election Commission was established in 2010. 

Source

The Supervisor of Elections is a member of the three person Electoral Commission with responsibility for the regular business of the Commission. Candidates are required to "deliver to the Supervisor a sworn statement of his election expenses, itemised and complete in all respect". The Electoral Act was amended in 2010 to reduce the time period by which candidates are required to deliver their sworn statement from 1 month to within 14 days of the election.

Source: Electoral Commission Act, 2010; Section 24 Electoral Act 1989; Section 19, Electoral (Amendment) Act 2010.

50. Do third parties have to report on election campaign finances?
Code
No
Comment

BLANK

Source

Legislation requires only candidates to provide a report of their campaign expenditure to the Supervisor of Elections.

Source: Section 24, Electoral Act, 1989.

51. Is information in reports from political parties and/or candidates to be made public?
Code
No
Source

The Electoral Commission has the responsibility to "regulate and monitor electoral expenditure by candidates in accordance with section 24 of the Electoral Act", There is no provision in any legislation requiring that the record of candidate electoral expenses must be made public.  However, the Commission "may make recommendations for changes to the law concerning elections".

Source: Sections 10 (d) and (l), Electoral Commission Act, 2010.

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
No
Comment

There is no formal political party system in Tonga

Source

Candidates are only required to report on campaign expenditure. 

Source: Section 24, Electoral Act, 1998

53. Must reports from political parties and/or candidates include information on itemized income?
Code
No
Comment

 

There is no formal political party system in Tonga

Source

Candidates are only required to report on campaign expenditure. 

Source: Section 24, Electoral Act, 1998

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Comment

There is no formal political party system in Tonga.

Source

Only candidates are required to provide information on electoral expenses to the Supervisor of Elections. The Tonga Electoral Commission website states that:

A Candidate must lodge their statement of expenses with the Supervisor of Elections within 14 days of the election. It must be itemized and complete in all aspects".

The Return of Election Expenses form requires a list of all expenses incurred by the candidate, or on his behalf. The details of the nature of the payment, the amount and date expended must be listed for each expense.

Source: Section 24, Electoral Act 1989; Tonga Electoral Commission http://www.tongaelections.com/index.php/candidates/election-campaigns/76-statement-of-expenses-form

 

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
EMB
Comment

Only candidates make returns as their is no formalised system of political parties in Tonga. 

Source

Candidates provide their electoral expenses returns to the Supervisor of Elections, who is a member of the Tonga Electoral Commission.

Source: Section 24, Electoral Act, 1989;   Section 10, Electoral Commission Act, 2010

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
No institution specified
Comment

Blank 

Source

The Tonga Electoral Commission has the power to determine election appeals, challenges and any other disputes and recommend prosecution for election offences; 

Source: Section 10 (2) (e) and (f). Electoral Commission Act, 2010. 

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Carry out investigation
Comment

Blank 

Source

 

The Tonga Electoral Commission has the power to determine election appeals, challenges and any other disputes and recommend prosecution for election offences; 

Source: Section 10 (2) (e) and (f). Electoral Commission Act, 2010. 

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Loss of elected office
Comment

Blank

Source

The Electoral Act sets out a range of election offences which include bribery and threats . Fines range from TOP$ 3-5,000 and prison terms of up to three years. In addition it is an offence to spend more than TPO $10,000 on campaign expenses. If found guilty sanctions include a fine of up to TPP$10,000. In the case of serious offences the Supreme Court may declare the candidates election void, or if he/she has taken their seat in the Legislative Assembly, then they can be dismissed from office by the Assembly.

Source: Part IV Election Offences, Electoral Act, 1989; Sections 17-19, Electoral Amendment Act, 2010.  

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