11 July 2001

POWERS AND IMMUNITIES OF PARLIAMENT BILL

BILL

To define and declare certain 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:-

Chapter 1

DEFINITIONS

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;

'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) a member of the National Assembly, and includes a Minister who is
not such a member;

(b) a permanent delegate to the National Council of Provinces; or

(c) a special delegate to the Council, while acting as a special
delegate.

'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

2. (1) For the purposes of this Act, the precincts of Parliament is the
area of land and any building or part of a building under Parliament's
control, or provided or used 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 in
connection with the proceedings of Parliament, while so used.

(2) The Chairperson and the Speaker, subject to the standing rules and
any directions of the Houses, have the control and management of the
precincts of Parliament.

(3) The Chairperson and the Speaker may describe and delineate the
precincts of Parliament.

Application of Act in case of committee meeting beyond seat of
Parliament

3. 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, this Act applies as if the premises where the
committee meets for the performance of its functions were within the
precincts of Parliament.

Chapter 2

FREEDOM OF SPEECH

Freedom of speech and proceedings of Parliament

4. (1) Subject to sections 45(2), 58(1) and 71(1) 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.

(2) Subject to section 71(1) of the Constitution, subsection (1) does
not apply to persons who are not Cabinet members or members.

(3) The freedom of speech referred to in subsection (1)-

(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 or
committees, as the case may be, in terms of the standing rules.

(4) A member who wilfully contravenes a standing rule or ruling
referred to in subsection (3) is guilty of contempt of Parliament within
the meaning of section 8. 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 9.

(5) 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 Parliament
or a committee and, without limiting the generality of the foregoing,
includes -

(a) the giving of evidence or the making of a presentation before the
Parliament or a committee;

(b) the presentation or submission of a document to the Parliament or a
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 Parliament or a committee.

Chapter 3

IMMUNITIES, INDEPENDENCE AND PROTECTION OF MEMBERS

Immunities

5. The persons who have freedom of speech in Parliament in terms of the
Constitution or section 4 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 any 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

6. A person may not-

(a) 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 functions as a member;

(b) threaten, obstruct or insult a member proceeding to or going from a
meeting of Parliament or a committee; or

(c) assault, threaten or insult a member, or deprive a member of any
benefit, on account of the member's conduct in Parliament or a
committee.

Improper influence of members

7. (1) A person may not, by fraud, intimidation, force, insult or
threat of any kind, by the offer or promise of any inducement or benefit of
any kind, or by other improper means -

(a) influence a member in his or her conduct as a member,

(b) induce a member to be absent from Parliament or a committee; or

(c) attempt 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 a committee.

(2) A member may not -

(a) ask for, receive or obtain any property or benefit for the member
or another person; or

(b) enter into any contractual arrangement, on the understanding that
the member will be influenced in the performance of the member's
functions or in voting on any matter before Parliament or a
committee.

Chapter 4

CONTEMPT OF PARLIAMENT

Contempt of Parliament by members

8. (1) Subject to the Constitution, Parliament 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 Parliament by a member,
and taking the disciplinary action provided therefore.

(2) 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 6 or 7;

(c) creates or joins in any disturbance in the precincts of Parliament
within the meaning of section 10;

(d) commits an act which is intended to bring Parliament in contempt or
to impede the functioning of Parliament or a committee; or

(e) commits an act which in terms of this Act or the standing rules
constitutes contempt of Parliament.

Disciplinary action against members for contempt of Parliament

9. (1) If Parliament finds 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 working days, as defined
in the relevant standing rules, whether or not Parliament or any
committee is scheduled to meet during that period.

(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)(c) which are paid or recovered must
be paid into Parliament's bank account.

(4) A member who has been suspended under subsection (1)(c) must leave
the precincts of Parliament, and may not, during the period of suspension-

(a) enter the precincts for whatever purpose;

(b) make use of travel or any other facilities provided to members by
Parliament.

(5) The suspension of a member under subsection (1)(c) does not affect
that member's remuneration as a member in terms of the Remuneration of
Public Office Bearers Act, 1998 (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.

(7) This section does not affect the power of the Speaker or the
Chairperson or a person presiding at a meeting of Parliament or a
committee, under any other law or the common law or the standing rules, to
censure a member who deliberately contravenes any provision of the standing
rules or disregards the authority of the Chair or acts in a disorderly or
disruptive manner.

Chapter 5

PROTECTION OF PARLIAMENT

Persons creating disturbance

10. (1) A person who creates or joins in any disturbance in the
precincts of Parliament while Parliament or a committee is meeting may be
arrested and removed from the precincts, without warrant on the verbal
order of the Speaker or the Chairperson, by a staff member or a member of
the police.

(2) Without limiting the generally of subsection (1), 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 or a ruling of the
person presiding at a meeting of Parliament or a committee, despite an
order by that person to comply therewith.

Offences relating to Parliament

11. 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 bring Parliament 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 persons and service of process within precincts of Parliament

12. (1) A person may not within the precincts of Parliament-

(a) serve or tender for service or execute any summons, subpoena or
other process issued by a court; or

(b) except as authorised by section 10, arrest another person, without
the express permission of the Speaker or the Chairperson or a person
authorised by the Speaker and 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

13. Members of the security services, including the police, may enter
upon or remain in or perform any function in the precincts of Parliament
only with the permission and 1 under the authority of the Speaker or the
Chairperson.

Chapter 6

MEMBERS AND STAFF

Duty of criminal court in respect of members

14. 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

15. (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 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 important parliamentary business.

(3) The standing rules must prescribe the circumstances in which
parliamentary business will be considered important for the purposes of
this section.

Giving evidence of proceedings

16. (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.

(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.

Matters in which members have direct financial interest

17. (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

18. (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 R5 000 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

19. A person, other than a member, who -

(a) contravenes section 6 or 7(1); or

(b) 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, 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 7

WITNESSES

Attendance before Parliament or committee

20. 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.

Summonsing of witnesses

21. (1) A summons in terms of section 20 must be issued by the
Secretary on the instructions of the Speaker or the Chairperson or the
chairperson of the committee concerned.

(2) The summons must state -

(a) the name of the person summoned;

(b) the name or designation of the person who must serve the summons;

(c) the time, place and venue at which the person summonsed is required
to appear; and

(d) a description of the document, if any, which that person is
required to produce.

(3) The summons must be served on the person mentioned therein by
delivering a copy of the summons -

(a) to that person; or

(b) 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.

(4) 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 or her expenses as approved by the Speaker or
Chairperson in accordance with the standing rules.

Examination of witnesses

22. 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 21; and

(b) examine any person referred to in paragraph (a) or require that
person to produce any 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

23. In connection with the examination of any person by, or the
production of any document before, Parliament or a committee in terms of
section 22, the law relating to privilege, as applicable to a witness
summonsed to give evidence or to produce a document before the High Court
of South Africa applies.

Witnesses not liable to legal proceedings

24. (1) 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,
imprisonment or damages by reason of anything relevant to the subject of
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.

Offences relating to witnesses

25. (1) A person who -

(a) has been duly summonsed in terms of section 21 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 22(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 22(b); or

(ii)to produce any 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 22(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.

(2) A person who -

(a) threatens, obstructs or in any way unduly influences another person
in respect of evidence to be given before Parliament or a committee;

(b) induces another person to refrain from giving evidence to or
producing a document before Parliament or a committee;

(c) assaults or penalises or threatens another person, or deprives that
person of any benefit, on account of the giving or proposed giving
of evidence before Parliament or a committee;

(d) with intent to deceive Parliament or a committee, produces to
Parliament or the committee any false, untrue, fabricated or
falsified document; or

(e) 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 8

PARLIAMENTARY PUBLICATIONS

Protection in respect of publications

26. (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

(b) 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 staff member 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

27. (1) No person may publish -

(a) any document if the publication of that document is prohibited by
or in terms of the standing rules or an order or a resolution of
Parliament;

(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) any document purporting that such document is 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.

Admissibility of journals as evidence

28. 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 Speaker or
Chairperson, is admissible as evidence of the journals without any proof
being given that the copy was so printed.

Chapter 9

GENERAL

Financial arrangements in respect of Parliament

29. 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.

Speaker, Chairperson or committee may act on behalf of Parliament

30. (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.

Liability for acts done under authority of Parliament

31. 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 or a committee or under
any warrant or summons issued by virtue of those powers.

Repeal of Laws

32. The laws mentioned in the Schedule are repealed to the extent
specified in the third column.

Short title

33. This Act is called the Powers and Immunities of Parliament Act, 2001.

SCHEDULE

LAWS REPEALED (section 32)
_________________________________________________________________________

Act No. 91 of 1963 Powers and Privileges of Parliament Act, 1963 -The whole
_________________________________________________________________________

Act No. 62 of 1967 Powers and Privileges of Parliament Amendment Act, 1967 -The whole
________________________________________________________________________

Act No. 33 of 1974 Parliamentary Service Act, Sections 13, 14, 15, 16, 17 and 18
_________________________________________________________________________

Act No. 95 of 1984 Powers and Privileges of Parliament Amendment Act, 1984 -The whole
_________________________________________________________________________

Act No. 99 of 1985 Powers and Privileges of Parliament Amendment Act, 1985 -The whole
_________________________________________________________________________

Act No. 98 of 1992 Powers and Privileges of Parliament Amendment Act, 1992 -The whole
_________________________________________________________________________


MEMORANDUM ON THE OBJECTS OF THE POWERS AND IMMUNITIES OF PARLIAMENT BILL, 2001

1. Parliament and its members traditionally enjoy certain special rights, generally referred to as "privileges", to enable them to fulfil their functions.
2. Some of these traditional privileges have been incorporated in the Constitution,
1996. The most significant of the "constitutionalised" privileges are: The power of the Houses of Parliament to determine and control their own proceedings; freedom of speech of members of Parliament; and members' immunity from civil and criminal proceedings for anything said in a House or a committee of Parliament.
3 The Constitution provides that "other privileges and immunities" of the Houses, Cabinet members, members of the National Assembly, delegates to the National Council of Provinces, and certain other persons may be prescribed by national legislation (sections 58(2) and 71(2)). There is such legislation on the statute book, namely the Powers and Privileges of Parliament Act, 1963 (Act 91 of 1963). But this Act is dated and in some respects inconsistent with the Constitution and, therefore, needs to be replaced in its entirety.
4. The main object of the Bill is to enact legislation envisaged in sections 58(2) and
71(2) of the Constitution. In summary the Bill provides as follows:
Chapter 1 contains definitions, and also describes the precincts of Parliament.
Chapter 2 deals with freedom of speech and proceedings of Parliament. It also defines the concept "proceedings".
Chapter 3 proposes measures to ensure the independence and protection of members in the performance of their parliamentary functions.
Chapter 4 makes provision for Parliament to take disciplinary action against a member who is in contempt of Parliament.
Chapter 5 provides for the protection of Parliament, for example against persons disrupting its proceedings. In order to enforce the provisions, various criminal offences are being created.
Chapter 6 contains various provisions relating to members and staff of Parliament. Chapter 7 deals with witnesses before a House or committee of Parliament.
Chapter 8 deals with the publication of documents relating to the proceedings of Parliament.
Chapter 9 proposes some general provisions, including the financial arrangements in respect of Parliament, and the repeal of the 1963 Act and legislation amending it.