The Supreme Court of Tonga has quashed the Public Service Commission’s (PSC) decision to dismiss Mary Magdalena Tafa Fifita as Director of the Ministry of Tourism, citing procedural flaws and bias.
Justice Cooper, in his January 6 ruling, quashed 27 charges of serious misconduct against Fifita. The court found she was denied the right to respond to the allegations before charges were laid, a breach of procedural fairness.
Fifita, who had served in Tonga’s Public Service for 24 years, was dismissed on January 9, 2024, over allegations of conflict of interest. The PSC accused her of awarding contracts worth over T$55,000 to Matapa Services, a company co-owned by her daughter, for training and catering services in 2022-2023.
Court documents revealed Fifita disclosed the conflict of interest to then-CEO Sione Mafi, who approved the contracts. Mafi corroborated her account in court. However, the PSC failed to interview Mafi during its inquiry, a critical oversight noted by Justice Cooper.
Justice Cooper ruled that the PSC failed to provide Fifita with a copy of the complaint or allow her to respond before charges were laid, amounting to a denial of her right to be heard.
“The decision-maker was biased, and the process was fundamentally unfair and an abuse of power,” Cooper stated.
The PSC charged Fifita with 27 breaches of discipline, including manipulating contract values to bypass procurement protocols. Justice Cooper criticized the PSC’s investigation for excluding key witnesses, including Mafi, calling the inquiry “biased and incomplete.”
Fifita’s dismissal also violated the Public Service Code of Ethics and Conduct, as investigators ignored key evidence and witnesses. The court ruled that PSC’s reliance on an incomplete audit and CEO reports was insufficient.
The court also rejected the PSC’s decision to report Fifita to police and ruled that costs would be determined in a future hearing.