Ruling Does the mandate allow for a Prime Minister to remove a Minister?

[Eldarion]

Does the mandate allow for a Prime Minister to remove a Minister or is their only option for removal a recall vote of the Assembly of that Minister?

Specifically this refers to this section of the mandate that I would appreciate clarification on:

Establishment of the Prime Minister's Cabinet

(5) The Prime Minister shall appoint at least two Cabinet Ministers, one tasked with internal affairs, and one with foreign affairs. Appointment of Cabinet Ministers will be subject to confirmation by 50%+1 vote of the Assembly.

(6) The Prime Minister may appoint more officials to assist with executive duties, programs and activities, and may provide for their appointment and removal.

 

[Chanku]

The Court of Lazarus has unanimously agreed on the following ruling, authored by myself:

Article IV, Section 5 and Article IV, Section 6 reads as follows:

(5) The Prime Minister shall appoint at least two Cabinet Ministers, one tasked with internal affairs, and one with foreign affairs. Appointment of Cabinet Ministers will be subject to confirmation by 50%+1 vote of the Assembly. (6) The Prime Minister may appoint more officials to assist with executive duties, programs and activities, and may provide for their appointment and removal.

with the plain text of the Mandate being clear the court is required to state that the Prime Minister may only dismiss officials appointed under Article IV, Section 6. The Minister of Foreign Affairs and the Minister of Internal Affairs can not be dismissed as Article IV, Section 5 both requires the Ministers have been appointed and does not make any provisions for their removal. The only section that makes provisions for removal of officials by the Prime Minister is Article IV, Section 6 which does not apply to those Ministers explicitly. As such, only the Assembly may provide for removal of other officials through the channels available to them under the Mandate and other relevant regional law. Should this not have been the intention of the Assembly, the court recommends the Assembly amend the Mandate to include that Ministers may be removed by the PM.