CONSTITUTION OF TONGA

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THE PRIME MINISTER  

50A. The Prime Minister

(1) The King shall appoint from amongst the elected representatives a Prime Minister who is recommended by the Legislative Assembly in accordance with the procedure set out in the Schedule to, or clause 50B of, this  Constitution. 

(2) The Prime Minister shall hold office until – 

(a) another Prime Minister is appointed in accordance with this  Constitution; 

(b) his appointment is revoked under clause 50B; 

(c) he dies, resigns, or his appointment is revoked after he ceases to be an elected representative for any reason other than the dissolution of the  Legislative Assembly; or 

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

(3) The Prime Minister shall regularly and as required report to the King upon matters that have arisen with the government and upon the state of the country. 

50B. Votes of No Confidence

(1) If the Legislative Assembly passes a motion described as a “Vote of no confidence in the Prime Minister” in accordance with this clause, then upon  delivery of that resolution to the King by the Speaker, the Prime Minister and  all Ministers shall be deemed to have resigned and their appointments  revoked. 

(2) A vote of no confidence in the Prime Minister – 

(a) shall not be moved unless at least 5 working days’ notice of the  intention to move such a motion has been given to the Speaker; and 

(b) shall be of no effect if made within 18 months after a general election has been held, nor within 6 months before the date by which an election shall be held in accordance with clause 77(1), or within 12 months after the date on which the last such motion was voted upon in the Legislative Assembly. 

(3) If within 48 hours of the revocation of the appointment of the Prime Minister and all Ministers in accordance with sub-clause (1) following a vote of no confidence in the Prime Minister, the Legislative Assembly passes a motion that recommends the appointment of another elected representative as Prime Minister, then upon delivery of that resolution to the King by the Speaker, the  King shall appoint the person so nominated as the Prime Minister. 

(4) If no recommendation is delivered to him in accordance with sub-clause (3)  following a vote of no confidence in the Prime Minister, the King shall – 

(a) dissolve the Legislative Assembly and command that a general election  be held on a date not more than 90 days thereafter; 

(b) appoint as interim Prime Minister the elected representative who the  King considers best able to lead an interim government, who shall not  be the Prime Minister in respect of whom a motion of no confidence  was passed in the Legislative Assembly, until a Prime Minister is appointed after the general election; and  

(c) in consultation with the interim Prime Minister, appoint interim  Ministers to hold office until Ministers are appointed after the general  election.