How Are Ministers Appointed and Dismissed?

Ministers in Papua New Guinea hold office on terms set by section 144 of the Constitution, read with the rest of Subdivision VI.4.B.

Section 144(1) — how many Ministers

There shall be such number of Ministers other than the Prime Minister, not being less than six or exceeding 32 from time to time, as is determined by or under an Organic Law — the Organic Law on the Number of Ministers. The Constitution therefore sets a floor and a ceiling, and leaves the actual number to be fixed by Organic Law.

Section 144(2) — appointment

Note the adviser. For the Prime Minister, the advice comes from Parliament’s decision (s 142(2)). For every other Minister, it comes from the Prime Minister personally — not from the National Executive Council. Ministerial appointment is the Prime Minister’s prerogative, given effect by the Head of State.

Who may be appointed

Under section 141(a), the Ministry is a Parliamentary Executive:

• no person who is not a member of the Parliament is eligible to be appointed a Minister; and
• except as the Constitution expressly provides, a Minister who ceases to be a member of Parliament ceases to hold office as a Minister.

Two further limits: no Minister may be Speaker or Deputy Speaker (s 107(4)), and no Minister may preside in the Parliament or in a Committee of the Whole (s 112(2)). Section 144(5) also allows an Organic Law made for the purposes of Subdivision VI.2.H to provide that, in certain circumstances, a member is not eligible to be appointed to or hold the office of Minister.

Section 144(4) — dismissal

A Minister other than the Prime Minister:

• (a) shall be dismissed by the Head of State if the Parliament passes, under section 145, a motion of no confidence in that Minister; and
• (b) may be dismissed — (i) by the Head of State acting with and in accordance with the advice of the Prime Minister, or (ii) under the Leadership Code.

Section 144(3) — suspension

A Minister other than the Prime Minister may be suspended from office in accordance with an Organic Law made for the purposes of section 28(2) — that is, the Organic Law on the Duties and Responsibilities of Leadership. Suspension pending a leadership investigation is not a finding of anything, but it removes the Minister from office in the meantime.

Section 146 — resignation

• The Prime Minister may resign by notice in writing to the Head of State.
• A Minister other than the Prime Minister may resign by notice in writing to the Prime Minister.

Section 147(2) then provides that a Prime Minister who resigns, and a Ministry that resigns collectively, continue in office until the appointment of the next Prime Minister.

Section 148 — portfolios

Ministers have such titles, portfolios and responsibilities as are determined from time to time by the Prime Minister. All departments, sections, branches and functions of government must be the political responsibility of a Minister, and the Prime Minister is politically responsible for any not specifically allocated.

Section 148(3): that does not confer on a Minister any power of direction or control. A portfolio is responsibility, not authority. Power to direct must be found in a law.

Ministers and the Leadership Code

The Prime Minister, the Deputy Prime Minister and all other Ministers are within section 26, and so are their personal staff. The duties in section 27 apply in public and private life, and dismissal under the Code operates through the Head of State as the “appropriate authority” under section 28(3)(a), who must act in accordance with the tribunal’s recommendation.