The Governor-General is the only office in Papua New Guinea nominated by the whole Parliament in a secret ballot. Sections 87 to 95 of the Constitution set out how the office is filled, held and vacated.
Section 87 — qualifications
The Governor-General must be a citizen who:
- (a) is qualified to be a member of the Parliament (except for the reason that they occupy the office of Governor-General); and
- (b) is a mature person of good standing who enjoys the general respect of the community.
Section 87(2) makes the question whether a person satisfies paragraph (b) non-justiciable — it is a political judgment for Parliament, not a matter for the courts.
The Governor-General must not hold any other office or position, or engage in any other calling, except with the consent of the Head of State acting on the joint advice of the National Executive Council and the Ombudsman Commission — and section 87(4) provides that consent shall not even be requested unless the NEC and the Commission have reached agreement. The Ombudsman Commission has, in effect, a veto.
Section 87(5) — how many terms
No person is eligible for appointment as Governor-General more than once, unless the Parliament by two-thirds absolute majority vote approves appointment for a second term. No person is eligible for a third term. The point was litigated in In re Re-Election of the Governor-General [2010] PGSC 32; SC1085.
Section 88 — nomination and appointment
The Governor-General is appointed by the Head of State, acting with and in accordance with the advice of the National Executive Council given in accordance with a decision of the Parliament.
Parliament’s decision to nominate is made by a simple majority vote, in an exhaustive secret ballot conducted in accordance with an Organic Law — the Organic Law on the Nomination of the Governor-General.
- 88(3) The Speaker shall call a meeting of Parliament to nominate the next Governor-General within the three months before the completion of the normal term.
- 88(4) On a casual vacancy, the Speaker shall call such a meeting as soon as practicable.
- 88(5) If a general election has been ordered, or is due before the outgoing term ends, the Speaker does not call that meeting; the nomination is made at the first meeting of the new Parliament, as its first item of business after formal business and the election of a Speaker.
Sections 89 and 90 — taking office
A person appointed takes office at the end of their predecessor’s term, or — if appointed to fill a casual vacancy — on the date of appointment.
Before entering upon the duties of office, the Governor-General must take the Oath of Allegiance and make the Declaration of Loyalty and the Declaration of Office, before the Chief Justice and in the presence of the Parliament — though during a declared national emergency they may be taken in such manner as the NEC directs.
If that is not done before taking office, the Governor-General is suspended until it is; and if it is not done at the first reasonably available opportunity, they may be dismissed — and are then not eligible for re-appointment for six years.
Section 91 — term of office
Unless they earlier die, resign, cease to be qualified, or are dismissed or removed, the Governor-General holds office for six years from assumption of office — plus any period required under section 88(5) for the appointment of the next Governor-General.
Sections 92 and 93 — resignation, dismissal, removal
- Resignation (s 92). By notice in writing to the Head of State, taking effect on acceptance by the Head of State acting on NEC advice.
- Dismissal (s 93(1)). By the Head of State on NEC advice given in accordance with either a decision of the National Executive Council or a decision made by an absolute majority of the Parliament.
- Removal for incapacity (s 93(2)). By the Head of State on NEC advice given in accordance with a decision of Parliament, if the Speaker advises Parliament that two medical practitioners appointed by the national registration authority have jointly reported that in their professional opinions the Governor-General is unfit, by reason of physical or mental incapacity, to carry out the duties of the office.
Section 94 — suspension
The Governor-General may be suspended:
- (a) by the National Executive Council, if they refuse or fail to act in accordance with advice they are obliged to follow, or act or purport to act contrary to, or without, such advice; or
- (b) in accordance with an Act, pending an investigation for the purposes of section 93(2).
Where the NEC suspends under paragraph (a), the Prime Minister must immediately inform the Speaker of the suspension and the reasons. The Speaker must then call a meeting of Parliament at which the suspension and possible dismissal is the first item of business after formal business. Parliament may lift the suspension at any time, and — unless a recommendation for dismissal is made under section 93(1) before the end of the meeting — the suspension ceases at the end of the meeting.
Section 86(2) obliges the Head of State to act only on advice. Section 94(1)(a) supplies the consequence if the Governor-General does not: suspension, with the matter put immediately before Parliament. It is the mechanism that keeps the constitutional convention enforceable rather than merely conventional.
Sources
Constitutional sections are amended. Before relying on anything here, read the current text: the Constitution on PacLII. If a decision matters to you, get advice — start with the Office of the Public Solicitor.