SO WHO IS THE OPPOSITION LEADER?? Due to the recent conflicting reports and many personal opinions on the issue of the Opposition Leader I thought Id provide a factual insight into this important office to clarify any confusion and misunderstanding. PNG Government is a Westminster System based on democratic parliamentary system of Government modelled after the politics of the United Kingdom and adopted at PNGs Independence. Where citizens of the country who qualify are elected by majority vote to represent their constitutes (district or regional voters) in Parliament. A Member of Parliament has three primary roles: 1) be a spokesperson for their local voters, 2) legislator (law maker) 3) contributor to debates (discussion) on national issues The Queen of England is the Head of State of Papua New Guinea a ceremonial appointment provided by Constitution making PNG a member of the Commonwealth of Nations being former colony of the British Empire. The Governor General or GG is the Queens representative in PNG but whose daily duties mainly consist of performing ceremonial functions. The GG has limited powers provided for under the Constitution namely to rubber stamp legislation (laws) passed by parliament and executive decisions of the National Executive Council (NEC). NEC is chaired by the Prime Minister and made up of 32 Ministers of Government who are all appointed by him. NEC is sometimes referred to as Cabinet or Executive Government. The GG is appointed by majority of Parliament. The office of the GG and process of his appointment, qualification, term in office and removal is provided for by Constitution (Sections 87-96). The GG has no powers to sack Government or remove the Prime Minister. However he can be removed or sacked by NEC if he refuses or fails to act on advice by NEC where the law requires him to. He can be removed by absolute majority (2/3s) of Parliament (74 out of 111 MPs). NEC also may suspended or sideline the GG from office. The head of Government or head of the executive is Prime Minister he is elected by the majority members of Parliament (more than 50% or 56 out of 111 MPs). The PMs office is established by Section 142 of the Constitution. It provides the process of his election, term in office, dismissal etc. PM is appointed after the General Election where GG will invite the Political Party with the highest elected members to form Government. They will then try to nominate their party leader for the position of Prime Minister with the support of other coalition parties and independent MPs. If they cannot form Government by securing more than 56 members then the Speaker will call for nominations from the floor of Parliament. In this case PNC had largest number of MPs following the 2012 General Elections (27 members). The GG then invited PNC to try and form Government and secure the majority to vote the Prime Minister. PNC setup camp at Alotau inviting other parties to join them where the minor parties signed a MOU to support PNC to form Government. Hence the name Alotau Accord (MOA/agreement). From Alotau they travelled back to Port Moresby Parliament convened and Peter ONeill was elected PM with the support of 94 MPs. After the 30 month grace period which expires on 5 February 2015 Parliament can elect a new PM from time to time by calling a motion of no confidence against the PM or if he is dismissed from office by Leadership Tribunal creating a vacancy. The Office of the Leader of the Opposition is not provided for by the Constitution. There are no specific provisions or laws that provide for his election or dismissal etc . However the Constitution does make reference to Opposition Leader as a member of an number of special appointment committees. Example appointing the Chief Justice, Ombudsman Commission, Public Service Commission etc. The Constitution states the meaning of “the Leader of the Opposition” means the member of the Parliament (if any) recognized by the Parliament as being the principal speaker on behalf of those members of the Parliament who are not generally committed to support the Government in the Parliament; However it is a constitutional convention or tradition (normal practice and procedure) that the position of Opposition Leader shall be held by Party leader whos party has the highest members in the Opposition. Thus the Office of the Prime Minister and Opposition Leader are not elected by the people but by Members of Parliament themselves. The Prime Minister by the majority members of Parliament and Opposition Leader by the majority members in the Opposition. To challenge this Constitutional convention is to challenge the very principle of democracy that underpins our Constitution.
Posted on: Sat, 29 Nov 2014 05:32:19 +0000
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