CHAPTER 7. THE EXECUTIVE
39. EXECUTIVE POWER
- The executive power of the people of the Republic of Vanuatu is vested in the Prime Minister and Council of Ministers and shall be exercised as provided by the Constitution or a law.
- The Prime Minister shall keep the President of the Republic fully informed concerning the general conduct of the government of the Republic.
- The President of the Republic may refer to the Supreme Court any regulation which he considers to be inconsistent with the Constitution.
40. COUNCIL OF MINISTERS
- There shall be a Council of Ministers which shall consist of the Prime Minister and other Ministers.
- The number of Ministers, including the Prime Minister, shall not exceed a third of the number of members of Parliament.
41. ELECTION OF PRIME MINISTER
The Prime Minister shall be elected by Parliament from among its members by secret ballot in accordance with the rules in Schedule 2.
42. APPOINTMENT AND REMOVAL OF OTHER MINISTERS
- The Prime Minister shall appoint the other Ministers from among the members of Parliament and may designate one of them as Deputy Prime Minister.
- The Prime Minister shall assign responsibilities for the conduct of government to the Ministers.
- The Prime Minister may remove the Ministers from office.
43. COLLECTIVE RESPONSIBILITY OF MINISTERS AND VOTES OF NO CONFIDENCE
- The Council of Ministers shall be collectively responsible to Parliament.
- Parliament may pass a motion of no confidence in the Prime Minister. At least 1 week’s notice of such a motion shall be given to the Speaker and the motion must be signed by one sixth of the members of Parliament. If it is supported by an absolute majority of the members of Parliament, the Prime Minister and other Ministers shall cease to hold office forthwith but shall continue to exercise their functions until a new Prime Minister is elected.
44. TERMINATION OF OFFICE OF MINISTERS
The Council of Ministers shall cease to hold office whenever the Prime Minister resigns or dies but shall continue to exercise their functions until a new Prime Minister is elected. In the case of the death of the Prime Minister, the Deputy Prime Minister, or if there is no Deputy Prime Minister a Minister appointed by the President of the Republic, shall act as Prime Minister until a new Prime Minister is elected.
45. OTHER TIMES WHEN A MINISTER CEASES TO HOLD OFFICE
A Minister, including the Prime Minister, shall also cease to hold office-
- when, after a general election, Parliament meets to elect a new Prime Minister;
- if he ceases to be a member of Parliament for any reason other than a dissolution of Parliament; or
- if he is elected as President of the Republic or as Speaker of Parliament.
46. MINISTERS TO REMAIN MEMBERS OF PARLIAMENT
Members of Parliament who are appointed Ministers shall retain their membership of Parliament.