A hot political issue right now is the looming vote of no confidence against the O'Neill Government. It's an issue I have been tracking for some time and carried out a degree of research into. So will the Opposition succeed? Well it may not succeed in changing the Government but it may initiate a course of action that just succeed in removing Peter O'Neill as the head of the Government.
On October 12, Grand Chief Sir Michael Somare dropped a political bombshell announcing he had tendered his resignation from the National Alliance Party. It was reported Somare was concerned about how the economy was being mismanaged. He could not remain in the Party that supported the O'Neill Government and what he termed as the habitual illegal and negligent actions of Peter O'Neill as the Prime Minister. Somare's decision fuelled speculations that a vote of no confidence against O'Neill was imminent.
Peter O'Neill was quick to respond by claiming his People's National Congress Party was intact. He said PNC was looking forward to continue serving the nation saying, "We have been mandated by the people of PNG and we will not listen to (allegations of) political blunders made against our Government”. He said claims by politicians on social and mainstream media that his government was corrupt “is just politics”.
Actually it's my view Peter O'Neill was never really mandated by the people but by wholesale manipulation of the electoral system and allegations that he is corrupt is beyond question but we will explain those issues some time in the future.
So is PNC as intact as Peter O'Neill claims? The short answer is, NO. There is growing division within the Party and in coming weeks it will begin to show. Right now PNC enjoys overwhelming majority of 61 Parliamentary Members, however a number of their senior members are facing certain arrest and criminal prosecution. To avoid the process of their prosecution being expedited (fast tracked) they will remain committed to O'Neill till the end. Even so there is a large number of Party members with some degree of moral conscience who are genuinely concerned about the manner in which Peter O'Neill is running the country and the likely blow back on PNC in the coming 2017 Elections. Even so, without any clear alternative they are hesitant to make their views publicly known.
On Sunday October 18, the Opposition called a press conference at Parliament House claiming they had the numbers and a vote of no confidence was imminent during the next session of Parliament, which convenes on October 27.
“We have the numbers, the Opposition has numbers. We need to steer this country away from the cliff,” Opposition Leader Don Polye said. “We (Opposition) don’t have any credibility issues. We have been prudent and we have records that will prove this to the people of this nation.
So does the Opposition have the numbers to change the Government? Short answer is also, No. Right now the opposition officially has only 9 members and Government has the support of 100 MPs. The 9 Opposition members include:
1) Don Polye (THE)
2) Mark Mapakai (THE)
3) James Gau (THE)
4) Mathew Mangape (THE)
5) Sam Basil (Pangu)
6) William Samb (Pangu)
7) Belden Namah (PNG Party)
8) Allan Marat (Melanesian Liberal Party)
9) Gary Juffa (People's Movement of Change Party)
To change the Government they need another 46 Members of Parliament (MPs) to reach the 50% plus 1 majority of 55 MPs and before they can achieve that they first need to ensure they have the numbers to move a motion of no confidence. Parliament has 111 Seats two seats are currently vacant, Member for Samarai-Murua Open, Gordon Wesley and Member of Ijivitari Open, David Arore both PNC members and both lost their seats after Court of Disputed Returns found them guilty of committing bribery during the 2012 elections. So the total current MPs in Parliament is 109 (111-2) and 50% plus 1 majority being 55 MPs. (109 x 50% = 54.5 + 1 = 55)
So what is a Motion of No confidence?
Firstly, a motion is a proposal made during formal meetings. It involves a member of the meeting first announcing he/she wishes to move a motion (proposing a decision) for other members of the meeting to consider and agree to. We normally make decisions as individuals where the process is straight forward, we decide without having to consult anybody else. However decisions made where it involves more than one person is a lot different. No one person can make a decision because the other members of the group may not agree with it, leading to disputes and no decisions ever made. For this reason meetings are conducted by formal procedures administrated by a Chairman of the meeting. Decisions are made by formal process and determined by majority vote making it official and binding. This process is by way of motion where any member of the group be it a committee, board of directors, shareholders or Parliament will move (propose) a motion. When a motion is moved before it can be considered by the other members it must first be endorsed or supported. This involves another member announcing he "seconds" the motion. The Chairman of the meeting will then announce the motion has been moved and seconded and then call the mover or sponsor of the motion to present it explaining why the other members of the meeting should support it. The Chairman will then invite other members to respond, to ask any questions or express any concerns, before calling for a vote whether or not to support the motion or vote against it. Voting may be by show of hands or secret ballot. If the majority support the motion then the Chairman will declare the motion has succeeded and confirmed to be a resolution (formal decision) or defeated where the majority vote against it. The secretary of the meeting will then record the results of the vote to prepare the minutes of the meeting (formal record of meeting and decisions) which the chairman will sign to make it an official record.
Motions may be moved with notice (in writing) or verbally from the floor (during meetings) without notice. Formal procedures and practices are referred to as Standing Orders. The standing orders also provide the procedures on how motions may be moved (tabled) whether by notice or from the floor.
So a motion of no confidence against the Prime Minister is actually a formal proposal by Members of Parliament calling for him to be removed because they no longer have any confidence in his leadership. It's important to remember, Parliament voted Peter O'Neill to be their Prime Minister, at the time believing he was the best candidate for the job. However during his term, should they lose confidence in his leadership, they may also vote him out.
Section 145 of the Constitution provides the right for Members of Parliament to move a motion of no confidence against the Prime Minister or Government Minister. The provision (section) states that a motion of no confidence shall be given with no less than one week's notice; signed by no less than one-tenth (10%) of the total number of seats in Parliament (111) and given in accordance with the Standing Orders of Parliament. It must be moved during the first four years of the life of Parliament and shall not be allowed unless it nominates the next Prime Minister. It may not be moved during the period of eighteen months commencing on the date of the appointment of the Prime Minister.
So to simplify, it means that Members of Parliament may only move a motion of no confidence against the Prime Minister or any Government Minister provided that;
1) Notice of Motion is given in writing with no less than 1 week's notice.
2) It must be signed by at least 12 Members of Parliament confirming they support the motion. Unlike a general motion that only requires one other member to second it, the Constitution has prescribed that a motion of no confidence must be supported by 12 MPs.
3) The motion may only be moved in Parliament no earlier than 18 months from when the Prime Minister was first appointed and and no later than 12 months before the 5-year term of Parliament expires.
Peter O'Neill was first appointed PM on 4 August 2012 so 18 months from that date falls on 4 January 2014. Parliament's five year term commenced on 4 August 2012 and expires in August 2017. So, the first four years, or 12 months before the next election is 4 August 2016. So, in accordance with the Constitution, section 145, a motion of no confidence may only be moved no earlier than 4 January 2014 and no later than 4 August 2016. Any motion of no confidence moved outside that period would be deemed unconstitutional and to no legal effect. Hence, why in August 2011, Parliament could not remove Somare through a vote of no confidence was because it was within the last 12 months of Parliament's 5 year term. To get around it they instead declared a vacancy, claiming Somare, who was away getting medical treatment in Singapore, was mentally unfit to continue in office. When Somare returned back to PNG he challenged his removal in the Supreme Court. It ordered Somare to undergo an independent medical examination confirming he was in fact of sound mental health. The High Court then ruled Somare's removal was unconstitutional and ordered he be reinstated which the O'Neill Government ignored. He illegally occupied the Prime Minister's office going into the 2012 General Election ensuring his own election.
4) A fourth requirement being to move a motion of no confidence is that it must be moved in accordance with the Standing Orders of Parliament.
The requirements set out under Section 145 of the Constitution are in accordance with Constitutional Law and therefore are mandatory and must be followed to the letter of the law.
So what are the Standing Orders of National Parliament?
I explained earlier Standing Orders are protocols or formal procedures and practices for conducting meetings. Parliament has its own Standing Orders which has 234 procedural orders, divided under 23 parts which provide the Speakers powers; quorum; motions, voting, bills to special parliamentary committees etc.
For the purpose of this article we will only cover specific parts and orders that are relevant to the issue of a motion of no confidence.
So what does the Standing Orders say about the procedure in dealing with a motion of no confidence?
Part 13 covers Notices of Motion and standing orders (SO) 129 - 138. There are two types of Notice of Motions: Government and Private. A Government Notice of Motion is a motion sponsored by Executive Government or National Executive Council (NEC) and submitted by a Minister to the Clerk of Parliament. Private Notice of Motions are motions submitted by individual Members of Parliament. SO 130(4) states 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 (priority) on Private Business day. Private Notice of Motions shall be submitted to the Chairman of Private Business Committee.
Unlike Government motions, private motions must first be vetted or examined by a special parliamentary committee referred to as Private Business Committee. This is to ensure the motion is of national importance and not trivial - that would be a waste of Parliament's time. 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 of Parliament. If the Committee determines the motion is trivial it will return it back to the Member to consider a number of other options to deal with it.
Standing Order 22 provides for the appointment of Private Business Committee which states it shall consist of seven members, Speaker, Deputy Speaker and five other elected Members of Parliament (who shall not be Ministers). The functions of the Committee are to meet on each Wednesday during meetings of the Parliament to examine all notices of motion submitted to the Committee under SO 130 (Private Motions) and to determine whether the terms of the motion are of a parochial nature (little importance) or of a matter of national importance. If it determines it is of national importance, it shall deliver a copy of the notice to the Clerk for reporting to the Parliament. If there is lack of quorum (lack of members required to meet) before 1.45 p.m on Wednesday the functions and duties of the Committee shall be carried out by Speaker.
The current committee members include:
Chairman (Speaker) Theo Zurenoc (PNC Party)
Deputy Speaker Member of South Fly, Aide Ganasi (PNC Party)
1. Governor SHP, William Powi (PNC Party)
2. Member of Nipa Kutubu (SHP) Pesab Jeffery Komal (PNC Party)
3. Member of Kawub Open (Morobe) Bob Dadae (PNC Party)
4. Member of Kerema (Gulf) Richard Mendani (United Resources Party)
5. vacant
*Parliament appoints the Private Business Committee at the beginning of each term of Parliament and may only be changed by majority vote of Parliament.
So a motion of no confidence must be signed by minimum of 12 MPs, submitted no less than 1 week's notice to Chairman of Private Business Committee (Speaker), who will then table the motions at Committee meeting, scheduled on Wednesdays during Parliament Session, to determine if the motion is of national importance. It shall then be delivered to Clerk of Parliament who at the first convenient opportunity, will list it on the Notice Paper and report the terms of the notice of motion to the Parliament.
The Clerk of Parliament acts like an administration officer to the Speaker of Parliament. A specialist in the rules of parliamentary procedure and practice, they are responsible for issuing notices and reading the bills (proposed laws).
A motion of no confidence proposing to remove the Prime Minister by its own nature is of national importance. So it should have no issue meeting that criteria.
Parliament will normally convene on the date set at the previous session; a date moved by motion and proposed by a Minister of Government. Once moved, Parliament will then vote on the motion before the date can be accepted. Standing Order 33 states that unless otherwise ordered, the Parliament shall meet each Tuesday, Wednesday, Thursday and Friday at 10:00 a.m. The next sitting of Parliament is on Tuesday October 27. Tuesday and Wednesday are reserved for Government business and Thursday being exclusively for Private Business.
Before parliament may sit or convene it must first meet quorum (minimum members that must be present at a meeting) Standing Order 35 stipulates that a quorum for a sitting of the parliament is one-third (1/3) of the number of seats in the Parliament at the time. There are 109 seats 1/3 or 33.3% is equal to 37 MPs (109 x 33.3%). Although 37 MPs may be sufficient quorum for Parliament to convene, it is not sufficient to table a motion of no confidence which requires a minimum of 55 MPs to vote in favour of it.
So in accordance with Standing Orders of Parliament, a motion of no confidence must be approved by the committee, or in their absence the Speaker. Once approved, the motion is presented to the Clerk of Parliament to be listed on Notice Paper and tabled on a Thursday (Private Business day). In accordance with Standing Order 130(4), the motion is given preference (priority) and listed as the first agenda item on the Notice Paper.
On a Thursday, at around 10:30 am Parliament will convene. The Speaker will take his chair and call for quorum. The Speaker will count the members to confirm there are 37 MPs to constitute quorum. If there isn't but he believes there will be within an hour he may announce that he will take the Chair in an hour's time. If he returns and there is still no quorum he will adjourn Parliament to the next sitting day. If there is quorum confirmed he will invite a member to read the prayers. Messages and communications from the Governor-General will be read before the giving of notices of motion. The sponsor of the motion of no confidence in this case the Leader of the Opposition will then be invited to move the motion on the floor of Parliament. He reads out the motion and reasons why he has proposed it and names the person he proposes to be next Prime Minister.
The person nominated to be the next Prime Minister will be required to inform Parliament if he or she accepts the nomination. The Speaker will then invite a member of the Government to respond to the motion.
Members shall vote by dividing and moving to positions indicated by the Speaker. If a Member nominated in accordance with this Section receives a majority of the votes cast, he shall be declared elected. He will then to go to Governor General's residence to be sworn it.
So to summarise, a motion of no confidence is provided for by constitutional law giving members of Parliament constitutional powers to move a motion of no confidence to remove the Prime Minister. To succeed it must be;
1) moved no earlier than 4 January 2014 and no later than 4 August 2016;
2) nominate the next Prime Minister;
3) signed by a minimum of 12 MPs;
4) submitted to the Speaker giving no less than 1 week's notice;
5) vetted by Private Business Committee on Wednesday confirming it to be of national importance;
6) submitted to the Clerk of Parliament to be listed on the Notice Paper and tabled on a Thursday, Private Business Day;
7) There must be sufficient quorum of 55 MPs to deal with the motion;
8) The sponsor of the motion must be present to move the motion;
9) It must secure the support of 55 MPs.
Part 2 of this article will discuss how the Opposition could secure 12 MPs to sign the motion; the required 55 MPs to ensure the motion succeeds; the likely nominees; whether the motion and will succeed and the desperate measures Peter O'Neill may take to avoid being voted out.
BRYAN KRAMER is a Political Commentator based in Madang
