CONSTITUTION OF TONGA

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CABINET

51. Function, constitution and powers of Cabinet

(1) The executive authority of the Kingdom shall vest in the Cabinet, which shall be collectively responsible to the Legislative Assembly for the executive functions of the Government.

(2) The Cabinet shall consist of the Prime Minister and such other Ministers who are nominated by the Prime Minister and appointed by the King:

Provided that –

(a) the Prime Minister may nominate as Cabinet Ministers not more than 4 persons who are not elected representatives;

(b) the Prime Minister and Cabinet shall be fewer in number than half of the number of elected members of the Legislative Assembly excluding the Speaker.

(3) A Minister shall retain his position as Minister until –

(a) his appointment is revoked by the King on the recommendation of the Prime Minister or in accordance with clause 50B;

(b) he dies, resigns or is dismissed from office following impeachment under clause 75; or

(c) he becomes ineligible to hold the office in accordance with this Constitution or any other law:

PROVIDED THAT: Following a general election, and when appointed under clause 50B(4)(c), Ministers shall be and remain as caretaker Ministers until their appointments are revoked or continued on the recommendation of the newly appointed Prime Minister; and during such period caretaker Ministers shall not incur any unusual or unnecessary expenditure without the written approval of the caretaker Minister for Finance.

(4) The Prime Minister may assign and re-assign ministries to and amongst the Cabinet Ministers.

(5) Each Minister shall draw up an annual report to the Legislative Assembly advising of the activities and plans of his ministry and if the Legislative Assembly shall wish to know anything concerning the ministry of any Minister he shall answer all questions put to him by the Legislative Assembly and report everything in connection with his ministry.

(6) A Minister who is not an elected representative shall sit and vote in the Legislative Assembly and shall, unless otherwise provided in any Act, have all the rights, duties and responsibilities of an elected representative except that he shall not be entitled to vote in any vote of no confidence in the Prime Minister under clause 50B.

(7) The term “executive authority” in sub-clause (1) excludes all powers vested in the King or the King in Council, whether by this Constitution, or any Act of the Legislative Assembly, any subordinate legislation, and Royal Prerogatives.

52. Duties of Ministers

Each member of the Cabinet shall have an office in Nuku'alofa the capital of the Kingdom and he shall satisfy himself that all the subordinates in his department faithfully perform their duties. And the Government shall build or rent offices suitable for the work of each minister.

53. Minister for Finance to report to Parliament

When the Legislative Assembly shall meet the Treasurer shall present to the Legislative Assembly on behalf of the Cabinet an account of all moneys which have been received and expended during the current year or since the last meeting of the Assembly and the nature of the receipts and expenditure.

54. Governors – how appointed

The King shall appoint Governors to Ha'apai and Vava’u on the advice of the Prime Minister.

55. Powers of Governors

It shall not be lawful for a Governor to enact any law but he shall be responsible that the law is enforced in his district.