How Does a Vote of No Confidence Work?

The vote of no confidence is the central mechanism of political accountability in Papua New Guinea, and the most litigated provision in Part VI of the Constitution.

Section 145(1) — what counts as a motion of no confidence

For the purposes of sections 142 and 144, a motion of no confidence is a motion:

• (a) that is expressed to be a motion of no confidence in the Prime Minister, the Ministry or a Minister, as the case may be; and
• (b) of which the required period of notice, signed by the required proportion of members of the Parliament, has been given in accordance with the Standing Orders.

Section 145(2) — the nomination rule

The logic is straightforward once seen. Early in the term, the Constitution wants a replacement government, not a vacuum — so the motion must name a successor, who then becomes Acting Prime Minister under section 143(2). Late in the term, the Constitution wants an election — so the motion must not name a successor, and a successful motion triggers a general election under section 105(1)(b).

Section 145(3): a motion under paragraph (2)(a) may not be amended in respect of the name of the person nominated, except by substituting the name of some other person. The nomination cannot simply be struck out to convert one kind of motion into the other.

Section 145(4) — the grace period

A motion of no confidence in the Prime Minister or the Ministry may not be moved during the period of thirty months commencing on the date of the appointment of the Prime Minister.

This is the “grace period”. Its length has been amended over time — it is another figure to verify against the current text rather than to assume.

What happens if the motion succeeds

• In the Prime Minister or the Ministry, outside the final 12 months: the Prime Minister shall be dismissed by the Head of State (s 142(5)(a)). The person nominated becomes Acting Prime Minister under section 143(2) until appointed under section 142(2). The Parliament continues.
• In the Prime Minister or the Ministry, within the final 12 months: a general election is held under section 105(1)(b)(i).
• In an individual Minister: that Minister shall be dismissed by the Head of State under section 144(4)(a).

Section 105(1)(b)(ii) adds a parallel trigger: a general election also follows if, in the last 12 months, the Government is defeated on a question the Prime Minister has declared to the Parliament to be a question of confidence.

Voting on the motion

Section 114(2)(a) gives the member presiding a deliberative vote on a motion of no confidence — one of only two exceptions to the rule that the chair does not vote. Section 114(5) allows an Organic Law made for the purposes of Subdivision VI.2.H to restrict the voting rights of a member in certain circumstances; the constitutional limits of such restrictions were examined in Re OLIPPAC [2010] PGSC 3; SC1057.

Where the disputes arise

1. Whether the notice requirements in section 145(1)(b) were satisfied — period, signatures, and compliance with the Standing Orders.
2. Whether the motion falls within the grace period in section 145(4).
3. Whether the motion is in the right form for the stage of the term — nominating or not nominating a successor.
4. Whether the Speaker was obliged to put the motion, and what follows if it is not put.

These questions are questions of constitutional interpretation, and therefore for the Supreme Court under section 18 or by section 19 reference. See In re Reference by East Sepik Provincial Executive [2011] PGSC 41; SC1154, In re Special Reference by Allan Marat [2012] PGSC 20; SC1187, and Namah v O’Neill [2015] PGSC 77; SC1617.