18/01/2023
WHO WILL BE THE NEXT GG?
By Hon. Bryan Kramer
Tomorrow, (Thu 19/01/2023) National Parliament will convene to deal with the election of the 11th GG of PNG.
Before we answer that question on who will be the next GG, let's first consider some background information on this issue.
What is GG?
The GG stands for Governor-General and is the office that represents the head of the Monarch (Royal Family) of the United Kingdom.
Following the death of Queen Elizabeth II, the current head of the Monarch is King of England, Charles III.
Why does PNG have a GG?
PNG was a colony or territory of the United Kingdom and following independence (self-governance) in 1975, we adopted the United Kingdom system of Government, referred to as the Westminster System. Under this system we remain a member of the British Empire or the United Kingdom’s Realms. We went from a British colony (territory) to a sovereign state, independent government elected by the people but remained a member of the realm (Kingdom) recognising the King/Queen as the head of the State or Government.
King cannot reign over PNG in person, so the practice has been for him to appoint his representative to act for him in PNG. The process to appoint the GG is provided for in the PNG Constitution and long-term traditions of the United Kingdom. Under the PNG Constitution Parliament shall appoint a nominee for the King to consider appointing as his representative in PNG. King may accept or reject any nominee appointed by Parliament to be his representative.
Why the name Governor-General?
Governor meaning responsible to govern and General because the GG in the past would also be the head of any military in the colony or state on behalf of the King.
What is the role and powers of GG?
As the representative of the King, GG’s role is to officially sign on behalf of King/Queen all decisions made by Parliament concerning passing of legislation (law) or National Executive Council. He/she will also officially sign legal instruments concerning appointment(s) of Prime Minister, Ministers, Judges, Ambassadors, and issue of writs for National Elections.
While the GG is the representative of the King of England, the PNG Constitution, and a number of Act (laws) of parliament requires that he/she must act on the advice of Parliament and National Executive Council, provided that advice is lawful. Therefore his/her role is more administrative, requiring him/her to sign legal documents giving effect to the Government or NEC decisions.
Why is the GG important?
Unless the GG agrees to sign the gazettal (legal document or instrument) than any decision of the Government, laws passed, election of Prime Minister has no legal effect.
If you recall the political crisis in August 2011 where Supreme Court ruled that Parliament illegally appointed Peter O’Neill as then Prime Minister, the then GG Sir Michael Ogio initially refused to sign the gazettal not making it official. This resulted in a confrontation outside the Government House before GG finally agreed to swear in Peter O’Neill.
Can GG be sacked /removed from office?
Short answer is Yes - the King/Queen acting on advice of Parliament or National Executive Council may remove the GG.
Who was PNG’s first GG?
Sir John Guise was appointed PNG’s first GG following independence in 1975. Since then, PNG has had ten Governor Generals’.
Who is qualified to be GG?
Section 87 of the Constitution provides qualification criteria for a person to be appointed GG. They must be citizens of PNG, mature persons of good standing within the community and must not hold any other office unless approved by NEC or Ombudsman Commission.
The same provision also states that no person is eligible for appointment as GG more than once unless the Parliament by two-thirds absolute majority vote approves his/her appointment for a second term.
How long is the term of Governor General?
Six years.
Back to the central question of this article, who will be the next GG?
Tomorrow Parliament will deal the election of the GG, there are three nominees vying for the position – incumbent Governor General Sir Bob Dadae, who is seeking a second term in office, Mrs. Winnie Kiap PNG’s retired High Commissioner to United Kingdom and Mr. Steven Pokawin, former Governor of Manus (1997), President of National Alliance Party and current lecturer of law at UPNG.
The election of GG will be subject to two separate processes, the first being to deal with the eligibility of the incumbent Governor General Sir Bob Dadae to nominate for a second term in office. Second process being the actual election of GG.
To be eligible to be nominated as a candidate, Sir Bob Dadae must first secure two thirds (2/3 or 66.7%) absolute majority of votes of Parliament. The term absolute majority refers to the majority of seats in Parliament as opposed to the term simple majority which refers to the majority of Members present in Parliament when voting.
The current Parliament has 118 seats, 2/3 or 66.7% would be 79 votes. Therefore, if he fails to secure 79 votes on Thursday he will not be eligible to be nominated and Parliament may only consider the nominations of Mrs. Kiap and Mr. Pokawin to elect as GG.
Will Sir Bob Dadae secure 79 votes to be eligible to seek a second term?
In my view the short answer is NO.
While there are 118 seats in Parliament there are only 115 Members sworn in - three seats remain vacant, Lagaip Open (failed election) Wewak Open (MP deceased), North Bougainville Open (MP deceased).
To be considered a nominee, a candidate must have a sponsor for their nomination with support of 15 MPs. Therefore, the two nominees, Mrs. Kiap and Mr. Pokawin would have secured a 16 MPs each to support their nomination – suggesting a total 32 MPs are not likely to vote for the incumbent.
115 Members of Parliament less a total 32 MPs who nominated Ms Kiap and Mr Pokawin leaves a total of only 83 Members left to vote for the incumbent Governor General.
There are a further five Members who are absent for medical reasons or in my case suspended, this leaves a total of only 78 Members. With an incumbent needing 79 votes to be eligible just to nominate it appears mathematically and practically impossible to secure the required 79 votes.
Another issue to consider is that in any given Parliament sitting only up to 80-90 members are ever present in Parliament and this will impact the chances of the incumbent securing 79 votes.
The election of GG will be by secret ballot so the nominees may never be certain who voted for or against them.
What happens if the current GG does not secure 79 votes?
Parliament may only consider the nominations of Mrs Kiap and Mr. Pokawin for the election of GG. Under this process they would only need to secure the simple majority of Members present in Parliament. For example if only 80 Members were present then whichever candidate secures 41 votes would be declared the next GG.
Mr Pokawin will have the support of his fellow Manus MPs and those senior Members who know him personally from his time as a Member of Parliament. However, being a former politician and President of a political party it may raise political impartiality issues.
In contrast Mrs Kiap's credentials speak for themselves, having been PNG’s High Commissioner to the United Kingdom and having a unique understanding of the Monarchy, she is certainly the more experienced candidate for the role.
Add to the opportunity for Members of this Parliament to go down in history for voting in PNG’s first female GG. A milestone achievement that would be well received around the world.
After running the numbers in my view, Mrs Kiap is likely to secure the majority of votes to be appointed 11th Governor General of PNG.
All bets aside what is certain is that we will find out tomorrow.
Picture of late Queen Elizabeth II meeting with Mrs Winnie Kiap