The Ad Hoc Committee on Powers and Privileges of Parliament(NationalAssembly)intendsintroducing the Powers and Immunities of Parliament Bill, 2001, in the National Assembly in September 2001. Adraft of the said Bill is hereby published in accordance with National Assembly Rule 241, read withRule 239.
To define and declare certain powers and immunities of Parliament, members of the National Assembly and delegates io the National Council of Provinces; and to provide for matters incidental thereto.
Definitions 5 1. In this Act.
'Chairperson'means the Chairpersonof the National Councilof Provinces and, in the absence or incapacity of the Chairperson.
'journals' means any recording of the proceedings of Parliament or a committee, 15 including minutes.
a member of the National Assembly.
ic a special delegate to the Council, while acting as a special delegate.
Secretary 25 incapacity of the Speaker.
Council of Provinces under sectionsS7 and 70 of the Constitution. respectively.
'the Constitution' means the Constitution of the Republic of South Africa, 1996.
For the purposes of this Act, the precincts of Parliament is the areaof land and 35 any buildingor part of a building under Parliament's control, or provided or used for the purposes of Parliament.
The Chairperson and the Speaker. subjectto the standing rules and any directions of the Houses, have the control and management of the precincts of Parliament.
1.(I) Subject to sections 45(3_),58(I) and 7 I(I) of the Constitution there is freedom of speech and proceedings in Parliament and committees, and that freedom may not be challenged or questioned in any court or place outside Parliament.
Subjecttosection 71(1) oftheConstitution, subsection (1) does not apply to persons who are not Cabinet members or members.
Chairperson and persons presiding at meetings of Parliament or committees, as the case may be, in terms of the standing rules.
Immunities anything that they lia\'e said in. produced before or submitted to Parliament or 3 committee. including any petition, bill. 1-eport.
improperly interfere with the free exercise by Parliament or a committee of its authority.
threaten. obstruct or insult a member proceeding to or going from a meeting of Parliament or a committee: or assault.threatenorinsult a member, c'r deprive a member of any benefit. on account of the conduct committee.
A person ma\' not. by fraud. intimidation.
influencemember in his or her as a member. 25 a conduct induce a member to be absent from Parliament or a committee: or attempt to compel a member to declarehimself or herself in favour of or against any proposition or matter pending or expected to be brought before Parliament or a committee.
Subject to the Constitution. Pa.rliament has all the powers which are necessary for enquiring into and pronouncing upon any act. matter or thing declared in this Chapter to be contempt of Pal-liament b!. a member. and taking the disciplinary action provided therefore.
(3)All fines under subsection (I)(c) which arc paid or recovered must be paid into Parliament's bank account.
precincts of Parliament.
make useof travel or any other facilities provided to membersby Pa1-1'lament.
(5)The suspensionofa member under subsection (l)(c) does not affect that member's remuneration as a member in terms of the Remuneration of Public Office Bearers Act, I998 (Act No. 20 of 1998).
(6)Subject to the Constitution. a House does not have the power to expel a member from membership of the House.
Withoutlimitingthegenerality of subsection (I), a member is regarded to be creating a disturbance if he or she refuses to comply with a standing rule, an order or a resolution of Parliament ora ruling of the person presiding at a meeting of Parliament or a committee, despite an order by that person to comply therewith.
commitsanyactwhich is intended to bringParliament in contempt or to impede the functioning of Parliament or a committee; or contravenesaninstruction by adulyauthorised staff memberregardingthe presence of persons at a particular meetingor regarding the possessionof any article. including a firearm, in the precincts of Parliament or any part thereof.
commits an offence and is liable to a fine or to imprisonment fora period not exceeding two years or to both the fine and the imprihonment.
(2)A perxnn who contra\'enes subsection (1) commits an offence andis liable to a fine 01-to imprison men^ for; I period not exceeding six months.
Members of the security services, including the police, may enter uponor remain in or perform any function in the precincts of Parliament only with the permission and under the authority of the Speaker or the Chairperson.
When a memberof the National Assemblyor a permanent delegate to the National Council of Provinces has been convicted of an offence and sentenced to more than 12 months' imprisonment without the option of a fine. the court sentencing that person must in writing inform the Speakeror the Chairperson. as the case may be, of the natureof the offence and the sentence imposed.
Such a certificate mag be issued only if the member is required in Parliament on important parliamentary business.
No member or staff member, and no personemployed to take minutes of evidencegivenbeforeParliament or acommittee.maygiveevidenceelsewhere regarding the contents of the minutes 01the evidence given or of any document before Parliamentoracommittee, without first having obtainedtheleave of theHouse concerned.
(2)During a recess or adjournment of Parliament the Speaker or the Chairperson or a person designated by the Speaker or Chairperson may give such leave.
Subject to subsection (3). a membermaynotin or beforeParliament or a comnlittee vote, or take part in the discussion of, any matter in which the member hasa direct financial interest.
(2)A member who contravenes subsection (1) commits an offence and is liable to a fine not exceeding RS000.
any vote or discussion in connection with the remuneration or allowances to be received by members in their capacity as members: or aninterest in amatterwhichamemberhas in common with thepublic generally, or with any category or section of the public.
KO member, and no person who is a spouseor life partner or in the service of a member. and nostaff member, may receive or accept any bribe, fee. compensation, gift or reward for or in respect of the promotion or opposition to anything, including a bill, resolution. report. matter or rule, submit.ted or proposed or intended to be submitted to or brought before Parliament or a committee for consideration.
A person who contravenes subsection(1) commits an offence and is liable tofinea not exceeding R5 000 and. in addition. to repayment or forfeiture of the amount or the value of the bribe, fee, compensation, gift or reward concerned.
contravenes section 6 or 7(1): or (bj hinders or obstructs a staff member in the execution of his or her duty or while proceeding to or going from Parliamentin the course of or in connection with duties, the st:lff official member's commits an offence and is liable to a fine or to imprisonment for a period not exceeding 12 months or to both the fine and the imprisonment.
Parliament or any committee may request or summon any person to appear before it to give evidence or to produce any document in his or her possession or custody or under his or her control.
A summons in terms of section 20 mustbeissuedbytheSecretaryonthe instructions of theSpeaker or theChairpersonorthechairperson of the committee concerned.
a descriptionof the document, if any, which that person is required to produce.
The summons must be served on the person mentioned therein by delivering a surnmons-copy of the at that person's usual or last !mown piace of residence or of employment or business, toapersonapparentlyovertheage of 18 yearsandapparently residing or employed there.
A person summonsed in terms of this section, other than a person in the full-time employment of the state or an organ of the state, is entitled to be paid an amount for his orherexpensesasapprovedbytheSpeakerorChairpersoninaccordancewiththe standing rules.
(hi examineanypersonrzferredto in paragraph (u) orrequire thatperson to produce any document in that person's possession or custody or under his or her control uhich ma); have a bearing on the subject of the enquiry.
Except in the case of perjury or any offence under section 25. a witness who is in possession of a certificate referred to in subsection (2) is not liable to any civil or criminal proceedings. arrest, imprisonmentor damages by reason of anything relevantto the subject of the enquiry concerned, revealed or said by the witness in the course of giving evidence before Parliamentor a committee.
If a witness has answered fully and satisfactorily all questions put to himor her by Parliament or a committee, the witness is. at his or her request. entitled to receive a certificate signed b!, the person presiding at the enquiry. stating that the witness did so answer all questions.
to produce any document in his or her possession or custody or under his or her control which heor she has been required to produce under section commits an offence andis liable to a fine orto imprisonment for a period not exceeding 12 monthsbothor to imprisonment.
threatens. obstructs or in any way undu1.
with intent to deceive Parliament or a committee, produces to Parliament or thecommitteeanyfalse.untrue.fabricated or falsifieddocument; or statement before it. which is false or misleading. commits an offence and is liable to a fine or to imprisonment for a period not exceeding two years or both the fine and imprisonment.
No person is liable to civil or criminal proceedings, arrest.
publication aj any report, paper or minutes of Parliament or a committee by order or under the authority of Parliament or a committee; or any extract from or abstract of any report, paper or minutes of Parliament or a committee if such extractor abstract was published in good faith and without malice.
No member or staff member is liabletocivil or criminalproceedings.arrest. imprisonment or damages in respect of the publication to a member ofa document that has been submitted to or is before Parliament or a committee.
authority of Parliament. a committee, the Speakeror the Chairperson, while it publishedsuchnothas or been under authorisation; cj any document purporting that such documentis an account of proceedings of Parliament or a committee, while it is not such an account.
(2)A person who contravenes subsection(1) commits an offence and is liable to a fine or to imprisonment for a period not exceeding three years.
In any proceedings before a court or any other tribunal in which the proceedings of Parliament are relevant, a copy of the journals printed or purporting to have been printed by order of Parliament or the Speakeror Chairperson, is admissibleas evidence of the journals without any proof being given that the copy was so printed.
The control of the expenditure and the appropriation of moneys for the services of Parliament is vested in the Speaker and the Chairperson, and their authorisation for such expenditure and appropriation of moneys is, subject to the Public Finance Management Act. 1999 (Act No. 1 of 1999),in all respects good, valid and effectual.
Subject to thestandingrules.
(3)For the purposes of performing an act referred to in subsection (l), the Speaker, Chairperson or committee has the powers with which Puliament is vested itl terms of this Act for the performance of that act.
No person is liable in damages or otherwise for any act done in good faith in terms of this Act, or under the authority of Parliament or a committee and within the legal powers of Parliament ora committee or under any warrantor summons issued by \. irtue of those powers.
The la~,smentioned in the Schedule are repealed to the extent specified in the third column.
This Act is called the Powers and Immunities of Parliament Act. 2001.
Act No. 33 of 1974 -Act No.