Barotseland Electoral Commission
FREE STATE OF BAROTSELAND
LINYUNGANDAMBO
TUKONGOTE LITUNGA NI LYETU
The Barotseland Government in Waiting
Principles and Processes of Government Formation
1.1 The process of forming a government is political, and the decision to form a government must be arrived at by politicians.
1.2 Once the political parties have reached an adequate accommodation, and a government is able to be formed, it is expected that the parties will make appropriate public statements of their intentions. Any agreement reached by the parties during their negotiations may need to be confirmed subsequently by the political parties involved, each following its own internal procedures.
1.3 By convention, the role of His Majesty the Litunga in the government formation process is to ascertain where the confidence of the Barotseland Parliament lies, based on the parties' public statements, so that a government can be appointed. It is not the Litunga role to form the government or to participate in any negotiations (although His Majesty the Litunga might wish to talk to party leaders if the talks were to have no clear outcome).
1.4 Accordingly, the His Majesty the Litunga will, by convention, abide by the outcome of the government formation process in appointing a government. His Majesty the Litunga will also accept the political decision as to which individual will lead the government as Prime Minister.
1.5 During the government formation process, the Clerk of the Executive Council provides official, impartial support directly to His Majesty the Litunga, including liaising with party leaders as required on behalf of His Majesty the Litunga. The Clerk facilitates the transition between administrations if there is a change of government. The Clerk assists the outgoing and incoming Prime Ministers and provides constitutional advice, as appropriate, on any proposed government arrangements.
1.6 Parliament must meet not later than six weeks after the date fixed for
the return of the writs for a general election, although it may be summoned
to meet earlier. If, following an election, a government has not yet been
formed by the time that Parliament meets, the Address in Reply debate may
resolve matters as it provides an early opportunity for a confidence vote.
If Parliament is in session following a mid-term government formation
process, a vote of confidence may also usefully be initiated to demonstrate
where the confidence of the House lies.
Clerk of the Executive Council
2.1 The Clerk of the Executive Council is formally appointed by His Majesty the Litunga by warrant under the Letters Patent, on the advice of the Prime Minister. The primary role of the Clerk is to provide impartial secretariat support for the Executive Council and associated support to His Majesty the Litunga and the Prime Minister.
2.2 The main functions of the Clerk of the Executive Council are to:
a) advise on matters affecting the role of His Majesty the Litunga;
b) provide, coordinate, and monitor official support and advice to, and
consultation with, His Majesty the Litunga;
c) provide a channel of communication and liaison between the government and
His Majesty the Litunga, and if necessary between party leaders and His
Majesty the Litunga;
d) facilitate, on behalf of His Majesty the Litunga, the constitutional
processes of government that involve His Majesty the Litunga (particularly
those associated with the transition between administrations);
e) attend every meeting of the Executive Council in order to witness its
proceedings and keep its records;
f) countersign any proclamation, Order in Council, or other instrument made
or issued by His Majesty the Litunga in Council;
g) be responsible for Barotseland Royal Honours System;
h) liaise with the Palace and the Sovereign as necessary.
The Clerk of the Executive Council may delegate any of the functions of the office.
2.3 The Clerk of the Executive Council is responsible directly to the Prime Minister and His Majesty the Litunga for servicing the Executive Council and providing such advice as may be required from time to time on constitutional matters.
2.4 The offices of the Secretary of the Cabinet and the Clerk of the Executive Council are usually held by the same person.
2.5 Official communication with His Majesty the Litunga is conducted through Ministers' offices and the Clerk of the Executive Council.