Chief of staff says Abal is acting PM and immigration minister

THE prime minister’s office has reaffirmed that Sam Abal is the acting prime minister and minister for immigration and citizenship.
Chief of staff Paul Bengo said there were no constitutional provisions in the Prime Minister and NEC Act 2002 that requires the deputy prime minister to hold a ministerial portfolio to remain in the post.
He said the Constitution stated that only an Act of Parliament “shall make provisions for, and in respect of, the appointment of a minister to be acting prime minister” to exercise the necessary powers to perform the functions, duties and responsibilities when the prime minister was absent from the country or was out of speedy and effective communication.
Bengo said this provision would also apply when the prime minister was unable, or not readily available, to perform the duties of his office.
He was responding to media reports last week, quoting former acting judge Nemo Yalo, that Abal was not eligible to be acting prime minister.
“Section 3(2) of the Prime Minister and National Executive Council Act 2002 states that the deputy prime minister shall be appointed by the head of state, acting with and in accordance with the advice of the prime minister.
“Subsection (3) goes on to say that the deputy prime minister may be dismissed from office by the head of state acting with, and in accordance with, the advice of the prime minister, and ceases to hold office if he ceased to be a minister,” Bengo said.
He said under section 4(1)(c) of that act, the deputy prime minister was the acting prime minister when the prime minister was absent from the country, out of speedy and effective communication and was unable or not readily available to perform the duties of his office.
“Nowhere in the mentioned provisions of the constitution and the PM and NEC Act 2002 is a requirement that the deputy prime minister must hold a ministerial portfolio to remain in office,” he said.
“The fact that the law gives a deputy prime minister the function of deputising for the PM renders that the person holding the office of the DPM deputises all the functions of prime minister, with or without a ministerial portfolio.
“This deputation includes the position of acting prime minister under section 4(30) of the PM and NEC Act 2002,” Bengo said.
He said the circumstances of the appointment as acting prime minister by operation of section 4(1)(c) of the PM and NEC Act “have not changed for Abal to cease as acting prime minister”.