52
Appointment of Prime Minister
93.—(1) The Prime Minister must be a member of Parliament.
(2) After a general election, the member elected to Parliament who is the leader
of one political party which has won more than 50% of the total number of seats in
Parliament assumes office as the Prime Minister by taking before the President the oath
or affirmation of allegiance and office (which the President must administer) as set out
in the Schedule.
(3) After a general election, if no one political party has won more than 50% of the
total number of seats in Parliament, then, at the first sitting of Parliament, the Speaker must
call for nominations from members of Parliament and, if only one person is nominated
and seconded, then that person assumes office as the Prime Minister by taking before
the President the oath or affirmation of allegiance and office (which the President must
administer) as set out in the Schedule; but if more than one person is nominated and
seconded, the Speaker must conduct a vote, as follows—
(a) if after the first vote, a person who is nominated has the support of more
than 50% of the members of Parliament, then that person assumes office as
the Prime Minister by taking before the President the oath or affirmation
of allegiance and office (which the President must administer) as set out in
the Schedule;
(b) if after the first vote, no person who is nominated receives the support of
more than 50% of the members of Parliament, a second vote must be held
within 24 hours of the first vote and, if after the second vote, a person
who is nominated has the support of more than 50% of the members of
Parliament, then that person assumes office as the Prime Minister by taking
before the President the oath or affirmation of allegiance and office (which
the President must administer) as set out in the Schedule;
(c) if after the second vote, no person who is nominated receives the support
of more than 50% of the members of Parliament, a third vote must be held
within 24 hours of the second vote and, if after the third vote, a person
who is nominated has the support of more than 50% of the members of
Parliament, then that person assumes office as the Prime Minister by taking
before the President the oath or affirmation of allegiance and office (which
the President must administer) as set out in the Schedule; and
(d) if after the third vote, no person receives the support of more than 50%
of the members of Parliament, the Speaker shall notify the President in
writing of the inability of Parliament to appoint a Prime Minister, and the
President shall, within 24 hours of the notification, dissolve Parliament and
issue the writ for a general election to take place in accordance with this
Constitution.