Tongan Nobles Go To Court

Court

From a Special Correspondent

Nunkualofa, May 30.

UNO and the atomic bomb have faded into insignificance here amongst the Tongans. Their deepest interest is reserved for a rather unusual' dispute, in volving many families—high and low — over the title of Kalanivalu, one of the highest in the kingdom.

One of the most sensational lawsuits in the annals of Tongan Land Court history was recently fought out in Nukua lofa, with both parties bitterly contest ing the issue.

The traditional title of Kalanivalu and all the lands connected with that title (the estate is the next largest to that of Prince Tupouto’a-Tungi), was be stowed by Queen Salote Tupou in the year 1935, upon the present holder, a descendant of the first Kalanivalu.

The claimant in the lawsuit was a young man named Sanualio Halafihi. He was represented by a Tongan lawyer, M.

Tuli, and supported by a person who is well known in Tongan society, but who, rather obviously, kept to the background throughout the trial. Sanualio Halafihi disputed the right of the present Kalani valu to hold the title, claiming that he himself was the rightful heir.

The case first came up for hearing last year. High Chief Kalanivalu was repre sented by three prominent Tongan lawyers, M. Finau, S. Havili and Wm.

L. Tu’akihekolo. They opposed the claim

on the grounds that it was made after the 10 years limitation provided for in such claims in Tongan law. On this score the case was thrown out.

Sanualio Halafihi then appealed to the Privy Council, and the Privy Council ordered a re-hearing on the grounds that the 10 years limitation should J*ave been reckoned when the claimant cah%e of age and not, as the Court had reckoned, from the date of his birth.

BEFORE referring to the final)phase of the Court proceedings, it may be of interest to briefly survey the his torical background of the Kalanivalu hereditary.

The title of Kalanivalu is one of the highest in Tongan nobility, being the fourth in rank from the Queen. The Kalanivalu’s ancestors go back to the ancient House of the Tu’i Tonga—the original rulers of Tonga. Later on in Tongan history, when the Tu’i Tonga line of rulers was displaced by the Kano kupolu line of Kings (of which the pre sent Queen is one), the descendants of that old dynasty were created Nobles with large estates, and the first to be invested with a title by King George I, was Kala nivalu in 1875.

The present Kalanivalu is the third holder of the title; his mother was Leafa, who was the daughter of the first Kala nivalu. , . .

Sanualio Halafihi claimed that his mother, Veiongo (see genealogical tree)

High-Chief Kalanivalu.

Genealogical Tree

Kalanivalu I (1875)

(1) Siaosi Fatafehi (son). (2) Leafa (daughter).

I (3) Sioeli Pangia (son) 2nd holder of title (1903)

Kalanivalu (Son)

The Defendant Veiongo 3rd holder of the title (supposed daughter) (1935) 1 •* % 1 1

Sanualio Halafihi (Son)

The Claimant

was a direct descendant of Siaosi Fata fehi, a son of the first Kalanivalu; there fore, in accordance with Tongan law of succession he was entitled to the title and the estate.

This was supported by the birth cer tificate of his mother which stated that she was Siaosi Fatafehi’s daughter.

HOWEVER, although all looked well on paper and according to gossip, when the Court, with the able assistance of the three lawyers for the defence, probed and dissected some tangled mari tal breaches of the past, the case for the claimant became rather a patchy affair. The defence proved conclusively that: (1) Veiongo’s father was not Siaosi Fatafehi but a W. Kieserwetter, a Ger man trader of the old days; (2) Siaosi Fatafehi was separated from Veiongo’s mother, went to the island of Haapai, and lived there for a period of 10 years; (3) Veiongo’s mother (on testimony) had

never seen her husband, Siaosi Fatafehi, after their separation; (4) Veiongo was conceived by her mother five years after that separation; and that (5) Veiongo’s two marriage certificates showed that her father was W. Kieserwetter.

Accordingly, the Court gave its deci sion in favour of the defendant, Kalani valu.

LATEST rumour here in Nukualofa is that an appeal had been lodged in the Higher Court by the claimant’s lawyer. This Court (the last to decide such cases) is the Privy Council where the Queen presides over her Ministers.

There is a hint that Sanualio Halafihi has a surprise up his sleeve.

Tongans shall see!