010404PIMDraft

THIRD DRAFT
4/4/2001
Underlining shows changes from previous draft

POWERS AND IMMUNITIES OF PARLIAMENT BILL

To define and declare the powers and immunities of Parliament, members of the National Assembly and delegates to the National Council of Provinces; and to provide for matters incidental thereto.

BE IT ENACTED by the Parliament of the Republic of South Africa, as follows: -
Definitions
1. In this Act, unless the context indicates otherwise -
‘Chairperson’ means the Chairperson of the National Council of Provinces and, in
the absence or incapacity of the Chairperson, the permanent Deputy Chairperson
referred to in section 64(2) of the Constitution;
‘committee’ means a committee or subcommittee consisting of members and established in accordance with the standing rules;
'delegate', in relation to the National Council of Provinces, includes a special delegate to the Council acting in the capacity as such a delegate;
‘House’ means the National Assembly or the National Council of Provinces;
‘joint committee’ means a committee consisting of members of both Houses;
‘joint rules’ means the rules referred to in section 45 of the Constitution;
‘journals’ means any recording of the proceedings of Parliament or a
Committee, including minutes, transcripts and tape recordings;
‘member’ means a member of the National Assembly or a delegate to the National Council of Provinces;
‘Parliament’ means the National Assembly or the National Council of Provinces or
both the Assembly and the Council, as the context requires;
‘police’ means the South African Police Services;
‘Secretary’ means the Secretary to Parliament;
‘Speaker’ means the Speaker of the National Assembly and, in the absence or
incapacity of the Speaker, the Deputy Speaker of the Assembly;
‘staff member’ means the Secretary and any other person appointed to the staff of Parliament;
‘standing rules’ means the rules made by the National Assembly and the National Council of Provinces under sections 57 and 70 of the Constitution, respectively, as
well as the joint rules;
‘the Constitution’ means the Constitution of the Republic of South Africa, 1996.

Precincts of Parliament
1A. (1) For the purposes of this Act, the precincts of Parliament is the area of land and any building or part of a building provided or used exclusively for the purposes of Parliament, including-
(a) the Chambers in which the proceedings of the Houses are conducted and the galleries and lobbies of the Chambers;
(b) every part of the buildings in which the Chambers are situated, and any forecourt, yard, garden, enclosure or open space appurtenant thereto;
(c) committee rooms and other meeting places provided or used exclusively for Parliament's purposes;
(d) the offices of members and staff members; and
(e) any other building or part of a building provided or used exclusively in connection with the proceedings of Parliament.
(2) The Chairperson and the Speaker, subject to the standing rules and directions, if any, of the Houses, have the control and management of the precincts of Parliament.
(3) The Chairperson and the Speaker may (must?), by notice in the Gazette, describe and delineate the precincts of Parliament.

Chapter 1
FREEDOM OF SPEECH
Exercise of freedom of speech
2. (1) Cabinet members and members of the National Assembly have freedom of speech in proceedings of the Assembly and its committees.
(2) The following persons have freedom of speech in proceedings of the National Council of Provinces and its committees:
(a) Cabinet members and Deputy Ministers;
(b) delegates to the Council;
(c) officials in the national executive or a provincial executive required, in
terms of section 66 of the Constitution, to attend a meeting of the Council or a committee of the Council; and
(d) the ten part-time representatives of municipalities referred to in section 67 of the constitution.
(3) Cabinet members, members of the National Assembly and delegates to the National Council of Provinces have freedom of speech in proceedings of joint sittings of the Houses and joint committees.
(4) The freedom of speech referred to in subsections (1), (2) and (3)-
(a) is subject to the relevant standing rules, including rules on the manner, the form and the venue in which the freedom may be exercised;
(b) must be exercised in accordance with the rulings of the Speaker, the Chairperson and persons presiding at meetings of Parliament of committees, as the case may be, in terms of the standing rules.
(5) A member who wilfully contravenes a standing rule or ruling referred to in subsection (4) is guilty of contempt of Parliament within the meaning of section 10. The fact that the member has withdrawn, or has apologised for, a statement made by the member, or has been ordered in terms of the standing rules to withdraw from the chamber or from the precincts of Parliament on account of such a statement, does not preclude disciplinary action against the member in terms of section 11.
(6) For the purposes of this section, "proceedings" means all words spoken and acts done in the course of, or for the purposes of or incidental to, the formal meetings, and the transaction of the business, of the House or committee concerned, and, without limiting the generality of the foregoing, includes-
(a) the giving of evidence or the making of a presentation before the House or committee;
(b) the presentation or submission of a document to the House or committee;
(c) the preparation of a document for the purposes of or incidental to the transaction of any such business; and
(d) the formulation, making or publication of a document, including a report, by or pursuant to an order of the House or committee.

Chapter 2
IMMUNITIES AND INDEPENDENCE OF MEMBERS
Immunities
3. The persons referred to in section 2(1), (2) and (3) are not liable to civil or criminal proceedings, arrest, imprisonment or damages for-
(a) anything that they have said in, produced before or submitted to Parliament or a committee, including any petition, bill, report, resolution or motion;
(b) the preparation of a document for the purposes of paragraph (a), or
(c) anything revealed as a result of anything that they have said in, produced before or submitted to Parliament or a committee.

Interference with Parliament or members
4. A person may not improperly interfere with the free exercise by Parliament or a committee of its authority, or with the free performance by a member of his or her action as a member.

Improper influence of members
5. (1) A person may not, by fraud, intimidation, force or threat of any kind, by the offer or promise of any inducement or benefit of any kind, or by other improper means influence a member in his or her conduct as a member, or induce him or her to be absent from Parliament or a committee.
(2) A member may not ask for, receive or obtain any property or benefit for the member or another person, on any understanding that the member will be influenced in the performance of the member’s functions.

Molestation of members
6. A person may not inflict any punishment, penalty or injury upon a member or deprive a member of any benefit on account of his or her conduct as a member.

Improper contractual arrangements on members’ performance of their functions
7. [Deleted, on the understanding that this matter will be covered by the Code of Conduct for members.]

Chapter 3
PROTECTION OF PARLIAMENT
Persons creating disturbance
8. (1) A person who creates or joins in any disturbance in the precincts of Parliament while Parliament or a committee is meeting may, without warrant on the verbal order of the Speaker or the Chairperson, be removed from the precincts of Parliament by a staff member designated by the Speaker or Chairperson.
(2) A member is regarded to be creating a disturbance if he or she persistently refuses to comply with a standing rule or an order of Parliament or a ruling of the person presiding at a meeting of Parliament or a committee.

Powers of Parliament in respect of contempt
9. Subject to the Constitution, Parliament has all the powers, which are necessary for enquiring into, passing judgement on and pronouncing upon any act, matter or thing declared in this Chapter to be contempt of Parliament, and taking the disciplinary action provided therefore.

Contempt of Parliament
10. A member is guilty of contempt of Parliament if the member -
(a) wilfully fails or refuses to obey any rule, order or resolution of Parliament;
(b) contravenes section 4, 5(2), 6 or 8(1);
(c) commits an act, which is intended to bring Parliament as an institution in contempt or to impede the functioning of Parliament; or
(d) commits an act, which in terms of this Act or the standing rules constitutes contempt of Parliament.

Disciplinary action against members
11. (1) If Parliament adjudges a member guilty of contempt of Parliament, the member may in addition to any other penalty to which he or she is liable under this Act
or any other law -
(a) be cautioned or reprimanded -
(b) be fined an amount not exceeding R5 000; or
(c) be suspended for a period not exceeding 30 sitting days.
(2) All fines payable under subsection (1) may be recovered-
(a) by deducting specified instalments from the members’ remuneration; or
(b) if not so recovered, by means of civil action in a competent court.
(3) All fines under subsection (1) which are paid or recovered must be paid into Parliament’s bank account.
(4) The suspension of a member under subsection 1(c) does not affect that member’s remuneration as a member.
(5) Subject to the Constitution, a House does not have the power to expel a member from membership of the House.

Offences relating to Parliament
12. A person, other than a member, who -
(a) while Parliament or a committee is meeting, creates or joins in any disturbance within the precincts of Parliament, whereby the proceedings of Parliament or a committee are or are likely to be disrupted;
(b) commits any act which is intended to hold Parliament or its proceedings in contempt or to impede the functioning of Parliament or a committee; or
(c) contravenes an instruction by a duly authorised staff member regarding the presence of persons at a particular meeting or regarding the possession of 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 for a period not exceeding two years or to both the fine and the imprisonment.

Arrest of members and service of process within precincts of Parliament
13. (1) Despite anything to the contrary in any other law, no police officer or any other
person may, on a day on which Parliament or a committee is meeting, within the
precincts of Parliament -
(a) arrest a member; or
(b) serve a summons or subpoena or any other process issued by a court of law upon a member.

ALTERNATIVELY
(1) A person may not within the precincts of Parliament –
serve or tender for service or execute any summons, subpoena or other process issued by a court; or
except as authorised by section 8, arrest another person,
without the express permission of the Speaker or the Chairperson.

(2) A person who contravenes subsection (1) commits an offence and is liable to a fine or to imprisonment for a period not exceeding six months.

Presence of security services in precincts of Parliament
14. Members of the security services, including the police may enter upon or remain in the precincts of Parliament only with the permission of the Speaker or the Chairperson.

Chapter 4
MEMBERS AND STAFF
Duty of criminal court in respect of members
15. When a member of the National Assembly or 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 Speaker or the Chairperson, as the case may be, of the nature of the offence and the sentence imposed.

Attendance of members before court
16. (1) In any civil proceedings in a court that is situated outside the seat of Parliament in which a member is required to attend as a witness or defendant, the Speaker or the Chairperson or a person designated by the Speaker or Chairperson may issue a certificate stating that the member is required to attend to urgent and important business in Parliament, and that certificate shall be sufficient proof of such requirement and the member shall be absolved from attending pending completion of that business.
(2) Such a certificate may be issued only if the member is required in Parliament on urgent and important business.
(3) The standing rules and orders must prescribe the circumstances in which parliamentary business will be considered urgent and important.

Giving evidence of proceedings
17. (1) No member or staff member, and no person employed to take minutes of evidence given before Parliament or a committee, may give evidence elsewhere regarding the contents of the minutes or the evidence given or of any document before Parliament or a committee, without first having obtained the leave of the House concerned.
(3) 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.

Matters in which members have direct financial interest
18. (1) Subject to subsection (3), a member may not in or before Parliament or a committee vote, or take part in the discussion of, any matter in which the member has a direct financial interest.
(2) A member who contravenes subsection (1) commits an offence and is liable to a fine not exceeding R5 000.
(3) Subsection (1) does not apply to -
(a) any vote or discussion in connection with the remuneration or allowances to be received by members in their capacity as members; or
(b) an interest in a matter which a member has in common with the public generally, or with any category or section of the public.

Receiving of compensation prohibited
19. (1) No member, and no person who is a spouse or life partner or in the service of a member and no staff 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, submitted or proposed or intended to be submitted to or brought before Parliament or a committee for consideration.

(2) A person who contravenes subsection (1) commits an offence and is liable to a fine not exceeding R 5000 and, in addition, to repayment or forfeiture of the amount or the value of the bribe, fee, compensation, gift or reward concerned.

Offences relating to members and staff
20. A person, other than a member, who -
(a) threatens, obstructs or insults a member -
(i) proceeding to or going from any meeting of Parliament or a committee; or
(ii) on account of the member’s conduct in Parliament or a committee;
(b) attempts by force, insult or menace to compel a member to declare himself or herself in favour of or against any proposition or matter pending or expected to be brought before Parliament or committee;
(c) hinders or obstructs a staff member in the execution of his or her duty or while proceeding to or going from Parliament in the course of or in connection with the staff member's official duties; or contravenes section 5(1) or 6, 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.

Chapter 5
WITNESSES
Order to attend before Parliament or committee
21. Parliament or any committee may summon any person to appear before it to give evidence or to produce any paper, book, record or document in his or her possession or custody or under his or her control.

Summonsing of witnesses
22. (1) A summons in terms of section 21 must be issued by the Secretary on the instructions of the Speaker or the Chairperson or the chairperson of the committee concerned.
(2) (a) The summons must state -
(i) the name of the person summoned;
(ii) the time, place and venue at which he or she is required to appear; and
(iii) a description of the paper, book, record or document, if any, which that person is required to produce.
(b) The summons must be served on the person mentioned therein by delivering a copy of the summons -
(i) to that person; or
(ii) at that person’s usual or last known place of residence or of employment or business, to a person apparently over the age of 18 years and apparently residing or employed there.
(3) A person summoned in terms of subsection (2), other than a person in the full-time employment of an organ of the state, is entitled to be paid an amount for his or her expenses as approved by the Speaker or Chairperson in accordance with the standing rules.

Examination of witnesses
23. When Parliament or a committee requires that anything be verified or otherwise ascertained by the oral examination of a witness, the person presiding at the enquiry may -
(a) call upon and administer an oath to, or accept an affirmation from, any person present at the enquiry who was or could have been summonsed in terms of section 22; and
(b) examine any person referred to in paragraph (a) or require that person to produce any paper, book, record, or document in that person’s possession or custody or under his or her control which may have a bearing on the subject of the enquiry.

Privilege of witnesses
24. In connection with the examination of any person by, or the production of any paper, book, record or document before, Parliament or a committee in terms of section 23, the law relating to privilege, as applicable to a witness summoned to give evidence or to produce a document before the High Court of South Africa applies.

Offences relating to witnesses
25. A person who -
(a) has been duly summoned in terms of section 22 and who fails, without sufficient cause -
(i) to attend at the time and place specified in the summons; or
(ii) to remain in attendance until excused from further attendance by the person presiding at the enquiry;
(b) has been called upon under section 23(a) and who refuses to be sworn in or to make an affirmation as a witness; or
(c) fails, without sufficient cause -
(i) to answer fully and satisfactorily any question lawfully put to him or her under section 23(b); or
(ii) to produce any paper, book, record or document in his or her possession or custody or under his or her control which he or she has been required to produce under section 23(b), 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.

Witnesses not liable to legal proceedings
26. (1) Except in the case of perjury or any offence under section 25 or 27(c) or (d), no witness who is in possession of a certificate referred to in subsection (2) is liable to any civil or criminal proceedings, arrest, imprisonment or damages by reason of anything relevant to the enquiry concerned, revealed or said by the witness in the course of giving evidence before Parliament or a committee.
(2) If a witness has answered fully and satisfactorily all questions put to him or her by Parliament or a committee, the witness is, at his or her request, entitled to receive a certificate signed by the person presiding at the enquiry, stating that the witness did so answer all questions.

27. Miscellaneous offences
A person who-
(a) threatens, obstructs or in any way unduly influences another person in respect of evidence given or to be given before Parliament or a committee, or induces another person to refrain from giving such evidence to or producing a document before Parliament or a committee;
(b) inflicts any penalty or injury upon, or deprive of any benefit, another person on account of the giving or proposed giving of evidence before Parliament or a committee;
(c) with intent to deceive Parliament or a committee, produces to Parliament or the committee any false, untrue, fabricated or falsified document; or
(d) wilfully furnishes Parliament or a committee with information, or make a
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.

Chapter 6
PARLIAMENTARY PUBLICATIONS
Protection in respect of publications
28. (1) No person is liable to civil or criminal proceedings, arrest, imprisonment or damages in respect of the publication of -
(a) 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 extract or abstract was published in good faith and without malice.
(2) No member or officer is liable to civil or criminal proceedings, arrest, imprisonment or damages in respect of the publication to a member of a document that has been submitted to or is before Parliament or a committee.

Offences relating to unauthorised publishing
29. (1) No person may publish –
(a) any document if the publication of that document is prohibited by or in terms of the standing rules;
(b) any document purporting that such document has been printed under the authority of Parliament, a committee, the Speaker or the Chairperson, while it has not been published under such authorisation; or
(c) a false or misleading report of the proceedings of Parliament or a committee.
(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.

Admissibility of journals as evidence
30. At any enquiry relating to or affecting the powers, privileges and immunities of Parliament or of a member, a copy of the journals printed or purporting to have been printed by order of Parliament or the Speaker or Chairperson, must be admitted as evidence of the journals in all courts and places in the Republic without any proof being given that the copy was so printed.

Chapter 7
GENERAL
Speaker, Chairperson or committee may act on behalf of Parliament
31. (1) Subject to the standing rules, Parliament may authorise the Speaker, the Chairperson or a committee to perform any act which may be performed by Parliament under this Act.
(2) For the purposes of performing an act referred to in subsection (1), the Speaker, Chairperson or committee has the powers with which Parliament is vested in terms of this Act for the performance of that act.

Application of Act in case of committee meeting beyond seat of Parliament or during recess or adjournment
32. In so far as it may be necessary for the achievement of the objects of this Act in the case of a committee which performs its functions beyond the seat of Parliament or while Parliament is in recess or adjourned, this Act applies as if the premises where the committee meets for the performance of its functions were within the precincts of Parliament, or as if Parliament were sitting, as the case may be.

Liability for acts done under authority of Parliament
33. No person is liable in damages or otherwise for any act done under the authority of Parliament or a committee and within legal powers of Parliament or a committee or under any warrant or summons issued by virtue of those powers.

Repeal of Laws
34. The Powers and Privileges of Parliament Act, 1963 (Act No. 91 of 1963), is repealed.

Short title
35. This Act is called the Powers and Immunities of Parliament Act, 2001.