PRIME Minister Manasseh Sogavare can only be removed through a motion of no confidence on the floor of Parliament.
Attorney General, James Apaniai revealed this after United Democratic Party (UDP) removed him as its Parliamentary wing leader recently.
Mr Apaniai believes UDP can sack Mr Sogavare as a member of UDP but this does not disqualify him as the country’s Prime Minister.
He said under section 33 (1) of the constitution, it states there shall be a Prime Minister who shall be elected as such by the members of Parliament from amongst their number in accordance with the provisions of Schedule 2 to this Constitution.
“It means any Member of Parliament can be nominated for the post of Prime Minister by four members,” he said.
However, Mr Apaniai said under the coalition agreement of the Political Party Integrity Act, a leader of group which has the majority members will become the Prime Minister.
“In this case, Sogavare was the member of UDP that has the majority members in the coalition group.
“This gave him the right to be the Prime Minister,” he said.
The other two parties in the coalition are Kadere Party and Peoples Alliance Party.
But Mr Apaniai said the constitution is the supreme law of the country.
He said under Section 2 of the national constitution, if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void.
Therefore, Mr Apaniai said Sogavare is still the Prime Minister and can only be remove on the floor of Parliament.
By EDDIE OSIFELO
