SCHEDULE 2. ELECTION AND APPOINTMENT OF THE PRIME MINISTER (Section 63)
1. Functions of the Governor-General
The functions of the Governor-General under this Schedule shall be performed in his own deliberate judgment.
2. Election meetings
As soon as practicable after-
a general election; or
subject to section 71 (caretaker governments) of this Constitution, the occurrence of a vacancy in the office of Prime Minister, the Governor-General shall call a meeting of the members of Parliament for the purpose of electing a Prime Minister.
If the vacancy occurred because of-
the death of the Prime Minister; or
the Prime Minister’s ceasing to be a member of Parliament for any reason other than the dissolution of Parliament,
the meeting shall not be called until after the declaration of the result of the consequent bye-election.
The Governor-General shall issue to each member of Parliament a notice stating-
the date, time and place of the meeting; and
the date and time on or before which, and the place at which, nominations are to be delivered to the Governor-General.
The date fixed for the purposes of subsection (3)(b) shall be at least one day before the date fixed for the election meeting.
The election meeting shall consider only the election of a Prime Minister.
3. Nominations
All members of Parliament are eligible for nomination as candidates for election as Prime Minister.
No member may nominate more than one candidate.
A candidate may withdraw his candidature at any time before the commencement of voting at the election meeting.
4. Cancellation of proceedings
If at any stage of the proceedings a candidate-
dies; or
becomes, in the opinion of the Governor-General, seriously incapacitated,
the provisions of subsection (3) apply.
If-
at or after the time fixed under section 2(3)(b) (which relates to the time for nominations) of this Schedule there is no candidate for election; or
for any other reason the Governor-General is satisfied that the election cannot be, or is unlikely to be, successfully completed in accordance with this Schedule,
the provisions of subsection (3) apply.
In a case referred to in subsection (1) or (2), the Governor-General may either-
cancel the proceedings and commence them again; or
suspend the proceedings until a later time or date.
5. List of candidates
A list setting out all candidates and their nominators shall be given by or by direction of the Governor-General to each member of Parliament before the election meeting opens.
6. Quorum
The quorum for an election meeting is a majority of the total membership of Parliament.
If a quorum is not present at the time fixed under section 2(3)(a) (which relates to the time for the election meeting) of this Schedule, the Governor-General shall adjourn the meeting until a time, date and place fixed by him and announced at the failed meeting.
If at the time and place fixed under subsection (2) a quorum is again not present, the Governor-General shall cancel the proceedings and commence them again.
7. Conduct of the election meeting
The election meeting shall be presided over by the Governor-General, and the election shall be conducted by him.
Each member of Parliament has one vote at each ballot held in accordance with section 8 (conduct of the election) of this Schedule.
For the purpose of the counting of votes and for any other purpose relating to the conduct of the election, the Governor-General may request the assistance of such persons as he thinks necessary.
No person other than-
the Governor-General; or
a member of Parliament; or
a person whose assistance is being given as requested under subsection (3),
shall be present at the election meeting.
Subject to this Schedule, the election meeting and the election shall be conducted in such manner as the Governor-General determines.
8. Conduct of the election
If there are more candidates than one, such number of ballots shall be held as is required to determine the result in accordance with this section.
The ballots shall be secret ballots.
Subject to the succeeding provisions of this section, if no candidate receives in a ballot the votes of a majority of the total membership of Parliament-
the candidate who has the lowest number of votes shall be excluded; and
a fresh ballot shall be held for the remaining candidates.
If in a case to which subsection (3) applies there is a tie between two or more candidates for the lowest number of votes in a ballot-
not more than two special ballots shall be held to exclude one of them; and
if after the second special ballot neither candidate has been excluded, the Governor-General shall decide by lot which one of them is to be excluded.
When in a ballot, whether the first ballot or a subsequent ballot, there are only two candidates, not more than-
that ballot; and
two further ballots,
shall be held, and if at the end of those ballots no candidate has received the votes of a majority of the total membership of Parliament the Governor-General shall cancel the election and commence the election procedure again.
9. Declaration of the result
If only one candidate is nominated, the Governor-General shall declare that candidate elected.
When the count has been completed in each ballot, the Governor-General shall-
announce the number of votes received by each candidate; and
if a candidate has received the votes of a majority of the total membership of Parliament – declare that candidate to be elected.
Upon the election of a Prime Minister under this Schedule, the Governor-General shall cause the election and the name of the Prime minister-
to be made known to the public in such manner as he thinks appropriate; and
to be published in any manner prescribed for the publication of subordinate legislation.
10. Disputes
Any dispute arising out of or in connection with the calling or conduct of an election meeting, or the conduct of an election, under this Schedule shall be determined by the Governor-General, whose decision is final.
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Nothing in this Schedule affects the power of the Head of State to dissolve Parliament in accordance with section 118(3) (which relates to dissolution when a Prime Minister is not elected within a reasonable period).
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