Commentary by Nemam Yalo Motion of no confidence in the Prime Minister (PM) has become the subject of public discourse recently. Not everyone knows what it is and the procedure for dealing with it. This article answers these and other related issues. This article is purely for public education. A notice of motion of no confidence in a PM is a question put to Parliament to determine by vote the issue of whether or not the Parliament has lost confidence or trust or respect in the PM and his leadership and therefore he should be dismissed from office. The reason could be for mismanagement of the public funds or the economy of the country generally, or that he is corrupt and lost his integrity and therefore has lost public confidence in him, or he is incompetent to perform his public duties, etc. If the motion fails it means that the Parliament has demonstrated confidence in the PM. Section 145 of the Constitution provides for a motion of no confidence in the PM. The procedure for dealing with such a motion is governed by the Standing Orders of the Parliament. Section 145 Constitution prescribes a number of mandatory requirements regarding a notice of motion of no confidence. Firstly, it must be expressed to be a motion of no confidence in the PM (the Ministry or a Minister, as the case may be (s.145(1)(a)). Secondly, the notice of motion must be given one week prior to moving it in Parliament (s.145(1)(b)). Thirdly, it must be signed by a number of MPs being not less than one-tenth of the total number of seats in the Parliament (i.e. this equates to not less than 11 MPs out of the current 111 seats. This requirement imposes a minimum number. The notice of motion may be signed by more than 11 out of the current 111 MPs because of the use of the words “not less than” (s.145(1)(b)) Fourthly, the notice must be given in accordance with the Standing Orders of the Parliament (s.145(1)(b)). This is discussed below. Next, a motion of no confidence in the PM moved during the first four years of the life of Parliament shall not be allowed unless it nominates the next PM. This year 2015 is the 3rd year of the life of the current Parliament. A notice of motion of no confidence against the PM must necessarily nominate the next PM otherwise the notice of motion will be disallowed (s.145(2)(a)). Finally, a motion of no confidence in the PM moved in accordance with the fifth requirement stated above may not be amended in respect of the name of the person nominated as the next PM except by substituting the name of some other person. This requirement means that if there is an error in the spelling of the name of the person nominated as the next PM that error cannot be amended. The notice of motion may be defective. However the same provision states that the name of the person nominated as the next PM appearing in the notice of motion may be substituted with the name of another person which is quite distinct from amending the name of the next PM indicated on the notice of motion. This calls for proper spelling to be ensured in writing the name of the next PM on the notice of motion. This is intended to ensure clarity and certainty. It is important to note that this requirement does not include accuracy of titles of a person such imperial medals or knighthood awarded by the Queen of England or the domestic awards or other ceremonial or academic qualifications. Other requirements under Section 145 are not relevant for the present purposes. However it should be noted that pursuant to Section 145(4) Constitution a motion of no confidence may be moved within 12 months before the fifth anniversary of the date fixed for the return of the writs at the previous general election so long as it does not nominate the next PM. In other words a motion of no confidence against a Minister or Ministers may be moved. It is also open to move a motion of no confidence in the PM not necessarily to dismiss him from office but for Parliament to demonstrate to the nation on the eve of the election that he or she does not enjoy the confidence of Parliament. Politically it serves as a tactical move to inform the electorate that the Government entering the next general election is unfit to be re-elected to office. Returning to the Standing Orders and for the purposes of the fourth requirement above the Parliament Standing Orders Part X111 governs the submission, assessment and listing of notices of motion. Standing Order 130 and 131 deal with Private Notices of Motion. This includes notice of motion of no confidence in the PM. Standing Order 131 reads: “(1) A private notice of motion shall be submitted to the Chairman of the Private Business Committee. (2) The notice must be signed by the Member and seconder. (3) After determining that a notice of motion is in order under Standing Order 22, the Private Business Committee shall deliver a copy of its terms to the Clerk. (4) For the purpose of this Standing Order, a notice of motion of no confidence given under Section 145 of the Constitution is a private notice of motion and shall have precedence on Private Business day”. A notice of motion of no confidence is a private notice of motion. The Form of the notice of motion must comply with Section 145 Constitution. The notice of motion of no confidence shall be handed to the Chairman of the Private Business Committee (the Committee). (Standing Order No 130(2) quoted above is not applicable to notice of motion of no confidence as it is governed by Section 145 Constitution). Upon determining under Standing Order 22 that a notice of motion is in order, the Committee shall deliver a copy of its terms to the Clerk. A notice of motion of no confidence shall take precedence over all other business on the Private Business day. See discussion on Standing Order 22 below. Standing Order 22 says that the Committee shall consist of Mr Speaker, the Deputy Speaker and five other elected Members (who shall not be Ministers), seven (7) members in total. In this Parliament the members of this Committee are Hon Theodore Zurenuoc MP Speaker (Chairman) (PNC), Hon Aide Ganasi MP, Deputy Speaker South Fly Open (PNC), Hon William Powi MP Governor SHP (PNC), Hon Pessab J Komal MP Nipa Kutubu Open (PNC), Hon Bob Dade MP Kabwum Open (PNC), Hon Richard Mendani MP (Kerema Open) (URP), and the 7th member’s position is vacant. There are five (5) PNC members out of the seven (7). The functions of the Committee are to meet on each Wednesday during meetings of the Parliament to examine all notices of motion submitted to it under the Standing Orders. As for a motion of no confidence it shall determine whether the terms of the motion are of a parochial nature or of a matter of national importance. So the Committee usually has two questions to ask regarding a motion of no confidence. Firstly, is a motion of a parochial nature? The term parochial means: “limited to only the things that affect your local area” (Merriam-Webster Dictionary). The Collins English Dictionary defines it as: “narrow in outlook or scope; provincial”. The Oxford Dictionary defines the term: “Having a limited or narrow outlook or scope”. Should the Committee determine that the motion is limited in scope, or that it serves limited interests, that is, it is of a parochial nature it returns the motion to the proposer with appropriate recommendations such as the Member consult with the Minister or authority concerned, or that the Member places a question relating to the subject matter on the Question Paper, etc. Where the Committee determines that a motion is a matter of national importance it shall deliver a copy of the notice to the Clerk for reporting to the Parliament. The reader should note that a motion of no confidence in the PM is not of a parochial nature. The motion by its own nature carrying such importance which relates to the question of the worthiness of his fitness or otherwise to continue to hold office; and which is about the nation’s opportunity through its Parliament’s to keep their PM accountable for his actions or conduct; and which may or may not remove him from office; and the public interest that it creates reaches beyond the national borders. So it will be difficult for the public to fathom should the Committee decide that a motion of no confidence is of a parochial nature. To decide otherwise will invite public doubt in the integrity of each member of the Committee. Neither the Constitution nor the Standing Orders require reasons or justifications for removal of the PM to be stated in the notice of motion of no confidence. There is no requirement by any law that the Committee considers the reasons or justifications for bringing a motion of no confidence in the PM. That is not their call. That is a matter for the person speaking in Parliament when moving the motion and seeking support for the motion. Whether by the present majority PNC Committee or such Committee at any given time it is difficult to determine that a notice of motion of no confidence in a PM is of a parochial nature. Upon determining that a motion is of national importance the Committee sends a copy of the motion to the Clerk of Parliament. Pursuant to Standing Order 131 the Clerk shall, on receipt of a notice of motion from the Committee at the first convenient opportunity, report the terms of the notice of motion to the Parliament. By Standing Order 132 the notice of the motion shall be entered by the Clerk on the Notice Paper in the order in which they were reported to the Parliament. Standing Order 138 dictates that a notice of motion becomes effective only when it appears on the Notice Paper. By Standing Order 130 the notice of a motion of no confidence takes precedence over all other business on the day fixed for Private Business. It is important to note also that for the purposes of the meeting of the Committee Standing Order 22 states that quorum must be present before 1:45pm. If the quorum is not available the Chairman (i.e. Speaker), shall perform the Committee’s functions and determine the notice of motion. Standing Order 23 says the quorum of the Committee is three. The law does not specify when a notice of motion of no confidence may be given to the Speaker. It does say though that the motion shall be moved a week after notice has been given. Will the Opposition give a notice of motion of no confidence in the next Sitting of Parliament? That is the question on everyone’s mind. When indeed the notice is given, how will the Committee as a group and individually determine the motion? The nation’s focus is on them now. If the motion is voted by Parliament, how will each MP decide? No doubt each electorate will focus on their respective MP. This article is written by Nemo Yalo Principal of Nemo Lawyers & Associates former Acting National Court Judge former Chief Legal Counsel for Ombudsman Commission
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