Acting PM denies himself a portfolio
By TODAGIA KELOLA
ACTING Prime Minster may have self-destructed himself when he did not allow himself a ministry during his recent major reshuffle of Cabinet.
Under the Prime Minister and National Executive Council Act 2000, the Acting Prime Minister ceases to hold office when he/she ceases to be a minister.
Realising the seriousness of the situation, government advisers are now frantically looking for ways to fulfill the legal requirements and create a new ministry for Mr Abal.
Mr Abal was Works Minister when he was appointed Deputy Prime Minister by Prime Minister Sir Michael Somare. When Sir Michael went to hospital in Singapore for his heart surgery, Mr Abal became Acting Prime Minister during which time he sacked two ministers and in the process of shuffling his Cabinet portfolios, he gave away his Works job to Peter O’Neill.
And by operation of law, the country was without an Acting Prime Minister since last week.
A private lawyer and former National and Supreme Court judge Nemo Yalo pointed out the seriousness of the situation in a media statement yesterday.
“The Office of the Deputy Prime Minister is established under Section 3(1) of the Prime Minister and National Executive Council Act 2002. He is appointed by the Head of State acting on advice of the Prime Minister. The Deputy Prime Minister loses his office under three scenarios stipulated under Section 3(3) of the Act. These are removal by the Head of State acting on advice from the Prime Minister or when he ceases to be a Minister or when he resigns from office.
The specific words of Section 3(3)(b) of the Act are: “The Deputy Prime Minister ... ceases to hold office if he ceases to be a Minister”.
The acting Prime Minister ceased to be the Minister for Works effective on June 22, 2011 when he relinquished his ministerial portfolio to Peter O’Neill.
A gazettal notice No G163 of June 22, 2011 shows Mr Abal’s amendments to the Determination of Titles and Responsibilities of Ministers. But the Governor-General’s decision based on that advice is not published in the National Gazette. “However, his intention is complete. Mr Abal currently holds no other ministerial portfolio so by operation of Section 3(3)(b), Mr Abal appears no longer the Deputy Prime Minister effective from 22 June 2011,” Mr Yalo said.
“The Prime Minister appointed Mr Abal as Acting Prime Minister under Section 4 of the Act. If the Prime Minister were not to make that appointment before he fell ill, Mr Abal would still have automatically assumed the position of Acting Prime Minister by operation of Section 4(1)(c) of the Act. This provision states that: “Subject to Subsection (2), when ... the Prime Minister is (i) absent from the country; or (ii) out of speedy and effective communication; or (iii) otherwise unable or not readily available to perform the duties of his office, the Deputy Prime Minister is the Acting Prime Minister”.
“Effective as of 22 June 2011, Mr Abal ceased to be the Acting Prime Minister because he is no longer the Deputy Prime Minister. Mr Abal has voluntarily removed the soil and the foundational rock on which the Acting Prime Minister’s feet were firmly placed. There appears nothing in law now keeping him upright as the Acting Prime Minister.
“If Mr Abal wishes to remain the Deputy Prime Minister and therefore the Acting Prime Minister, he must reverse his decision and retain his Ministry of Works. He must immediately advice the Head of State not to execute his advice,” Mr Yalo said.
And he strongly recommended that this is the time when the executive leadership deserves the best legal advice. In my view, “politics and law are two separate streams that should run parallel in the channel of public interest, the former running along subject to the latter and not otherwise, both running ultimately to the sea of public benefit”.
Under the Prime Minister and National Executive Council Act 2000, the Acting Prime Minister ceases to hold office when he/she ceases to be a minister.
Realising the seriousness of the situation, government advisers are now frantically looking for ways to fulfill the legal requirements and create a new ministry for Mr Abal.
Mr Abal was Works Minister when he was appointed Deputy Prime Minister by Prime Minister Sir Michael Somare. When Sir Michael went to hospital in Singapore for his heart surgery, Mr Abal became Acting Prime Minister during which time he sacked two ministers and in the process of shuffling his Cabinet portfolios, he gave away his Works job to Peter O’Neill.
And by operation of law, the country was without an Acting Prime Minister since last week.
A private lawyer and former National and Supreme Court judge Nemo Yalo pointed out the seriousness of the situation in a media statement yesterday.
“The Office of the Deputy Prime Minister is established under Section 3(1) of the Prime Minister and National Executive Council Act 2002. He is appointed by the Head of State acting on advice of the Prime Minister. The Deputy Prime Minister loses his office under three scenarios stipulated under Section 3(3) of the Act. These are removal by the Head of State acting on advice from the Prime Minister or when he ceases to be a Minister or when he resigns from office.
The specific words of Section 3(3)(b) of the Act are: “The Deputy Prime Minister ... ceases to hold office if he ceases to be a Minister”.
The acting Prime Minister ceased to be the Minister for Works effective on June 22, 2011 when he relinquished his ministerial portfolio to Peter O’Neill.
A gazettal notice No G163 of June 22, 2011 shows Mr Abal’s amendments to the Determination of Titles and Responsibilities of Ministers. But the Governor-General’s decision based on that advice is not published in the National Gazette. “However, his intention is complete. Mr Abal currently holds no other ministerial portfolio so by operation of Section 3(3)(b), Mr Abal appears no longer the Deputy Prime Minister effective from 22 June 2011,” Mr Yalo said.
“The Prime Minister appointed Mr Abal as Acting Prime Minister under Section 4 of the Act. If the Prime Minister were not to make that appointment before he fell ill, Mr Abal would still have automatically assumed the position of Acting Prime Minister by operation of Section 4(1)(c) of the Act. This provision states that: “Subject to Subsection (2), when ... the Prime Minister is (i) absent from the country; or (ii) out of speedy and effective communication; or (iii) otherwise unable or not readily available to perform the duties of his office, the Deputy Prime Minister is the Acting Prime Minister”.
“Effective as of 22 June 2011, Mr Abal ceased to be the Acting Prime Minister because he is no longer the Deputy Prime Minister. Mr Abal has voluntarily removed the soil and the foundational rock on which the Acting Prime Minister’s feet were firmly placed. There appears nothing in law now keeping him upright as the Acting Prime Minister.
“If Mr Abal wishes to remain the Deputy Prime Minister and therefore the Acting Prime Minister, he must reverse his decision and retain his Ministry of Works. He must immediately advice the Head of State not to execute his advice,” Mr Yalo said.
And he strongly recommended that this is the time when the executive leadership deserves the best legal advice. In my view, “politics and law are two separate streams that should run parallel in the channel of public interest, the former running along subject to the latter and not otherwise, both running ultimately to the sea of public benefit”.
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