By Pesi Fonua

THE name of Tonga's new Prime Minister should be known by Christmas, but the process of deciding the new government's leadership may run into the New Year depending on how long each step of the process takes.

The country is anxiously waiting to find out who the Prime Minister might be, while a month-long procedure that begins only after the appointment of an Interim Speaker must be followed.

Seven days have passed since the results of the November 25 Parliamentary Election were declared, and today, under a Constitutional amendment, the appointment of an Interim Speaker might have been expected.

A reformed schedule under the Constitution states " . . . the King shall within seven days of the declaration of the results 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." (Amended Constitution, Act No. 20 of 2010, Schedule 50A: "Procedure for Appointing a Prime Minister", clause 8).

But the appointment has yet to be announced.

There are indications that the King might be waiting for the return of the Results of the Writ of Election, which the Writ of Election states must be presented on or before December 9.

The Lord Chamberlain today said that the Supervisor of Elections would return the results of the Writ of the Election to the King before the end of next week. "It has to be presented between November 25 and December 9, and that is the deadline," she said.

She expected the presentation to be made in audience, possibly at Consular House on December 9.

After an Interim Speaker is appointed by the King, it is the role of the Interim Speaker to call for nominations and to conduct a secret ballot to choose the Prime Minister Designate, who must win over 50% of the ballot before his name goes go to the King for confirmation of appointment.

The process goes like this:

Friday December 3
The Electoral Supervisor expects to complete the Results of the Writ of Election at 4:30 pm when the period for candidates to ask for a recount ends.

December 3-9
An appointment for an audience with the King is made to present the results of the Writ of the Election to the King.

The King appoints an Interim Speaker

December 3-19
Within ten days after the Supervisor of Elections presents the Results of the Writ of Election to the King, the Interim Speaker shall invite nominations from newly elected members of parliament for Prime Minister Designate, to be seconded by two other elected members.

December 7-23
All nominations should be lodged with the Interim Speaker within four days from when he called for nominations.

December 10-26
Three days later after the last date for receipts of nominations, the Interim Speaker shall convene a meeting for the election of a Prime Minister Designate.

The elected members shall vote by secret ballot and the candidate with more than half of the votes should become the Prime Minister Designate. The Interim Speaker then shall report to the King that the elected representatives recommend the appointment of that person as the Prime Minister.

December 12-28
But if no Prime Minister Designate can be elected in the first meeting, then the Interim Speaker should call another meeting two days later.

In this meeting the candidate with the least number of votes will be eliminated, and no speeches will be allowed, and the members will vote again. The candidate with more than half of the votes will be the Prime Minister Designate. The Interim Speaker then will report to the King that a Prime Minister designate has been elected.

Friday December 14-30
If still no single candidate is elected then two days later the Interim Speaker should convene another meeting and repeat the procedure until one candidate receives more than half of the votes cast and the Interim Speaker reports to the King that the duly elected representatives recommend the appointment of that person as Prime Minister Designate.

Extension allowed

If the members of parliament still can't elect a Prime Minister Designate, the King has the authority to extend any of the times specified and to authorise the Interim Speaker to vary the procedure.

So if the first meeting is not convened by the Interim Speaker until December 20 and they agree on a Prime Minister Designate, then Tonga will have a new Prime Minister before Christmas, but failing that we may not be able to have a Prime Minister until the New Year.

Once the Interim Speaker conveys to the King the recommendation of the elected representatives, the Lord Chamberlain then shall summon the Prime Minister Designate to be appointed by the King.

Following his appointment the Prime Minister shall take his oath of office before the Legislative Assembly at its first meeting.

Five days after the appointment of the Prime Minister the King will appoint a new Speaker of the Legislative Assembly, choosing one of the elected representatives of the nobles who have been recommended by the Legislative Assembly.

King's power to dissolve parliament

If the Legislative Assembly arrives at a situation where members cannot agree on who should be Prime Minister, then there is the possibility for the King to use his power under Clause 77 sub clause 2 of the Constitution "It shall be lawful for the King, at his pleasure, to dissolve the Legislative Assembly at any time and command that new elections be held."

Deputy Prime Minister

Following his appointment the new Prime Minister will recommend a Deputy Prime Minister from among the Cabinet Ministers, which the King may appoint.

The Minister of Lands shall be appointed from one of the representatives of the nobles for the first four years session of the Legislative Assembly".