CONSTITUTION OF TONGA

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Procedure for Appointing a Prime Minister 

(1) The Legislative Assembly shall recommend the appointment of a Prime  Minister as follows – 

(a) within 10 days from the return of the writs of election after a general  election has taken place, the Interim Speaker appointed under  subsection (8) of this Schedule shall invite all elected representatives to  submit to him their nominations for Prime Minister Designate, to be  duly seconded by 2 other elected representatives and to be received by  the Interim Speaker within 14 days from the return of the writs of  election; and no representative who has proposed or seconded a  candidate may propose or second any other; 

 (b) within 3 days after the last date for receipt of nominations for Prime  Minister Designate, the Interim Speaker shall convene a meeting of all  the elected representatives of the people and of the nobles for the  purpose of deciding who they shall recommend for appointment as  Prime Minister Designate: 

Provided that the failure of any representative to attend any meeting,  for whatever reason, shall not affect the validity of proceedings under  this section; 

(c) the representatives so convened shall consider who they want to  recommend for appointment as Prime Minister Designate, and at that  meeting every representative present will have the right to speak on his  own behalf or that of another candidate, and they shall vote thereon by  secret ballot and if one candidate receives more than half of the votes,  the Interim Speaker shall report to the King that the duly elected  representatives recommend the appointment of that person as Prime  Minister Designate; 

(d) if no single candidate is elected under paragraph (c) then the Interim  Speaker shall 2 days after that meeting convene another meeting at  which the candidate(s) who received the least votes shall be eliminated  and the representatives shall (without speeches) vote by secret ballot for  their choice amongst the remaining candidates, and if one candidate  receives more than half of the votes then the Interim Speaker shall  report to the King that the duly elected representatives recommend the  appointment of that person as Prime Minister Designate; 

(e) if no single candidate is elected under paragraph (d) then the Interim  Speaker shall 2 days after that meeting convene another meeting and  the procedure under paragraph (d) shall be likewise repeated, at 2 days  intervals if necessary, until one candidate receives more than half of the votes cast; and the Interim Speaker shall report to the King that the duly  elected representatives recommend the appointment of that person as  Prime Minister Designate. 

(2) If the representatives fail to make a recommendation to the King in  accordance with the procedure in subsection (1) of this Schedule, the King  may extend any of the times specified and may authorise the Interim Speaker  to vary such procedure to enable a recommendation to be made. 

(3) Upon receipt by the King from the Interim Speaker of the recommendation of  the elected representatives under subsection (1) of this Schedule, the Lord  Chamberlain shall then summon the Prime Minister Designate to be appointed  by the King. 

(4) The Prime Minister shall take his oath of office before the Legislative  Assembly at its first sitting.  

(5) The Legislative Assembly shall also recommend the appointment of a Prime  Minister following a vote of no confidence, in the manner provided in clause  50B of this Constitution. 

(6) In the event of any other vacancy occurring in the office of Prime Minister,  except following a vote of no confidence, the procedure specified in this  Schedule shall be followed to enable the King to appoint a Prime Minister on  the recommendation of the Legislative Assembly, but in such case the  Speaker shall perform the role of the Interim Speaker specified in this  Schedule. 

(7) Any dispute arising out of or in connection with the calling or conduct of any  meeting under this Schedule or the election or recommendation of the Prime  Minister under this Schedule shall be determined by the Interim Speaker in  consultation with the King. 

(8) For the purposes of this Schedule, the King shall within 7 days of the  declaration of the result of a general election, appoint a person who was not a  candidate at the general election to be the Interim Speaker of the Assembly,  and such person shall hold office as Interim Speaker until a Speaker is next  appointed under clause 61 of this Constitution.   

REFERENCES

1. Parliament of Tonga. (2021). Act of constitution of Tonga (2020 Revised Edition). https://www.parliament.gov.to/parliamentary-business/documents/constitution-of-tonga

2. Parliament of Tonga. (2020). Act of constitution of Togna (2016 Revised Edition). https://www.parliament.gov.to/parliamentary-business/documents/constitution-of-tonga

3. Constitue Project. (2021). Tonga's constitution of 1875 with amendments through 2013. https://www.constituteproject.org/constitution/Tonga_2013.pdf?lang=en