BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—

1. Definitions

2. Precincts of Legislature

3. Control of precincts

4. Service of process and arrest of persons within precincts of Legislature

5. Presence of security services in precincts of Legislature

6. Disciplinary action against members for contempt

7. Conduct constituting contempt of Legislature

8. Freedom of speech in joint sittings

9. Prohibited acts in respect of Legislatures and members

10. Persons creating disturbance

11. Improper influence of members

12. Matters in which members have direct financial interest

13 Attendance of members before court

14. Giving evidence of proceedings

15. Summonsing of witnesses

16. Examination of witnesses

17. Privilege of witnesses

18. Offences relating to witnesses

19. Protection in respect of publications

20. Unauthorised publishing

21. Admissibility of journals as evidence

22. Broadcasting of proceedings

23. Speaker, Chairperson or committee may act on behalf of House

24. Liability for acts done under authority of Legislature

25. Duty of criminal court in respect of members

26. Offences

27. Repeal of laws

28. Short title

1. In this Act, unless the context indicates otherwise—

'Cabinet member' means a member of the Cabinet referred to in section 91 of the Constitution;

‘Chairperson’ means the Chairperson of the National Council of Provinces and, in the absence or incapacity of the Chairperson, the office-bearer acting as Chairperson;

‘committee’ means a committee or subcommittee consisting of members and established in accordance with the standing rules or legislation, including a joint committee;

‘disturbance’, in relation to a Legislature or a committee, means any act which interferes with or disrupts or which is likely to interfere with or disrupt the proceedings of the Legislature or committee;

‘House’ means the National Assembly, the National Council of Provinces or a provincial legislature, as the case requires;

‘joint committee’ means a committee consisting of members of both Houses of Parliament;

‘joint rules’ means the rules referred to in section 45 of the Constitution;
’journals’ means any recording of the proceedings of a Legislature or a committee, including minutes, transcripts and tape recordings;

‘Legislature’ means Parliament or a provincial legislature;

‘member’, in relation to—

(a) the National Assembly, means a member of the Assembly, and includes a Minister or Deputy Minister who is not such a member;

2. the National Council of Provinces, means—

(i) a permanent delegate to the Council;

(ii) a special delegate to the Council, while acting as a special delegate; or

(iii) a Minister or Deputy Minister;

3. a provincial legislature, means a member of the legislature, and includes a member of the Executive Council who is not such a member;

‘Parliament’ means the National Assembly or the National Council of Provinces or

both the Assembly and the Council, as the case requires;

'precincts', in relation to a Legislature, means the precincts referred to in section 2;

‘police’ means the South African Police Service;

‘provincial legislature’ means a provincial legislature referred to in section 104 of the Constitution;

‘Secretary’ means the Secretary to Parliament or the Secretary to a provincial legislature, as the case requires;

‘security services’ means the security services referred to in section 199 of the Constitution;

‘Speaker’ means the Speaker of the National Assembly or the Speaker of a provincial legislature, as the case requires, and, in the absence or incapacity of the Speaker, the office-bearer acting as Speaker;

‘staff member’ means the Secretary or any other person employed by a Legislature, whether in a permanent or temporary capacity;

‘standing rules’ means the rules made by the National Assembly, the National Council of Provinces or a provincial legislature under sections 57, 70 or 116 of the Constitution, respectively, as well as the joint rules;

‘the Constitution’ means the Constitution of the Republic of South Africa, 1996.

2. (1) The precincts of a Legislature is the area of land and any building or part of a building under the Legislature’s control, or provided or used for the purposes of the Legislature, including—

(a) the chambers in which the proceedings of the Legislature 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 the Legislature’s purposes; and

(d) any other building or part of a building provided or used in connection with the proceedings of the Legislature, while so used.

(2) In so far as it may be necessary for the achievement of the objects of this Act in the case of a committee of a Legislature which performs its functions beyond the seat of the Legislature, this Act applies as if the premises where the committee meets for the performance of its functions were within the precincts of the Legislature.

3. (1) The Speaker of the National Assembly and the Chairperson, subject to this Act, the standing rules and any directives of Parliament, exercise control and authority over the precincts of Parliament on behalf of Parliament.

(2) The Speaker of a provincial legislature, subject to this Act, the standing rules and any directives of the legislature, exercises control and authority over the precincts of that legislature on behalf of the legislature.

4. A person may not within the precincts of a Legislature —

(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 5 or 10, arrest another person,

without the express permission of or in accordance with the directives of the Speaker or the Chairperson or a person authorised by the Speaker or the Chairperson.

5. (1) Members of the security services may enter upon or remain in or perform any function in the precincts of a Legislature only with the permission and under the authority of the Speaker or the Chairperson.

(2) When there is immediate danger to the life or safety of any person or damage to any property, members of the security services may without obtaining such permission enter upon and take action in the precincts of a Legislature in so far as it is necessary to avert that danger. Any such action must as soon as possible be reported to the Speaker or the Chairperson.

6. (1) Subject to the Constitution and this Act, a House has all the powers which are necessary for enquiring into and pronouncing upon any act or matter declared in this Chapter to be contempt of a Legislature by a member, and taking the disciplinary action provided therefore.

(2) A House must appoint a standing committee to deal with all enquiries in terms of subsection (1).

(3) Before a House may take any disciplinary action against a member for contempt, the standing committee must—

(a) investigate the matter in accordance with a fair administrative procedure within the meaning of section 3 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000); and

(b) table a report on its findings and recommendations in the House.

(4) When a House finds a member guilty of contempt, the House may, in addition to any other penalty to which the member may be liable under this Act or any other law, impose any one or more of the following penalties:

(a) Caution or reprimand

(b) an order to apologise to the Legislature or any person in a manner determined by the House

(c) the withholding, for a specified period, of the member’s right to the use or enjoyment of any specified facility provided to members by the Legislature;

(d) the removal of the member from any parliamentary position occupied by the member;

(e) a fine not exceeding R10 000;

(f) the suspension of the member for a period not exceeding 30 days, whether or not the House or any of its committees is scheduled to meet during that period.

(5) A fine payable under subsection (4)(e) may be recovered—

(a) by deducting instalments from the members’ remuneration, as specified by the House in imposing the fine; or

(b) if not so recovered, by means of civil action in a competent court.

(6) All fines under subsection (4)(e) which are paid or recovered must be paid into the bank account of the Legislature concerned.

(7) A member may not be suspended under subsection 4(f) unless the standing committee that investigated the matter has found that—

(a) the member is guilty of a serious or repeated contempt of the Legislature; and

(b) none of the other penalties set out in subsection (4) will be sufficient.

(8) A member who has been suspended under subsection (4)(f) must leave the precincts of the Legislature, and may not, during the period of suspension without the written permission of the Speaker or Chairperson—

(a) enter the precincts for whatever purpose;

(b) participate in any activity of the Legislature or any of its committees.

(9) The suspension of a member under subsection (4)(f) 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).

(10) Except as provided in the Constitution, a House does not have the power to terminate a member’s membership of the House.

(11) This section does not affect the power of a person presiding at a meeting of a Legislature or a committee to maintain order and discipline in the meeting.

7. A member of a Legislature is guilty of contempt of that Legislature if the member—

(a) wilfully fails or refuses to obey any rule, order or resolution of the Legislature;
(b) contravenes section 9, 11(2) or 12(1) in respect of the Legislature or its members; or

(c) commits an act which in terms of the standing rules constitutes contempt of the Legislature.

8. Cabinet members, Deputy Ministers, members of the National Assembly and delegates to the National Council of Provinces have the same privileges and immunities in a joint sitting of the Assembly and the Council as they have before the Assembly or the Council.

9. A person may not—

(a) improperly interfere with or impede the free exercise or performance by a Legislature or a committee of its authority or functions; or

(b) improperly interfere with the free performance by a member of his or her functions as a member;

(c) threaten or obstruct a member proceeding to or going from a meeting of a Legislature or a committee;

(d) assault or threaten a member, or deprive a member of any benefit, on account of the member's conduct in a Legislature or a committee;

(e) while a Legislature or a committee is meeting, create or take part in any disturbance within the precincts of the Legislature; or

(f) contravene 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 a Legislature or any part thereof.

10. A person who creates or takes part in any disturbance in the precincts of a Legislature while the Legislature or a committee is meeting may be arrested and removed from the precincts, on the order of the Speaker or the Chairperson or a person designated by the Speaker or Chairperson, by a staff member or a member of the police.

11. (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 the performance of the member's functions as a member,

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

(c) attempt to compel a member to declare himself or herself in favour of or against anything pending before or proposed or expected to be submitted to a Legislature or a committee.

(2) A member may not ask for, receive or accept any fee, compensation, gift, reward or benefit for the member or another person to improperly influence the member in the performance of the member's functions, including voting on any matter before a Legislature or a committee or promoting or opposing anything pending before or proposed or expected to be submitted to the Legislature or a committee.

12. (1) Subject to subsection (2), a member may not in or before a Legislature or a committee vote, or take part in the discussion of, any matter in which the member has a direct financial interest.

2. Subsection (1) does not apply to—

1. any vote or discussion in connection with the remuneration or allowances to be received by members in their capacity as members; or
2. an interest in a matter which a member has in common with the public generally, or with any category or section of the public.

13. When a member is required to attend a court as a witness or defendant in any civil proceedings, 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 business in the Legislature, and that certificate shall be sufficient proof of such requirement, and the member shall be absolved from attending pending completion of that business.

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

(2) During a recess or adjournment of a House the Speaker or the Chairperson or a person designated by the Speaker or Chairperson may give such leave.

15. This Chapter does not apply to provincial legislatures.

16 (1) A summons in terms of section 56(a) or 69(a) of the Constitution to appear before a Legislature or a committee to give evidence or to produce documents must be issued by the Secretary on the instructions of—

(a) the Speaker or the Chairperson; or

(b) the chairperson of a committee, acting in accordance with a resolution of the committee and after consultation with the Speaker or Chairperson.

(2) The summons must state—

(a) the name of the person summonsed;

(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;

(d) the subject of the enquiry;

(e) the purpose for which the evidence of that person is required; and

(f) 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 the Sheriff, or by a person designated by the Secretary, 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 return by the person who served the summons that service thereof has been effected in accordance with subsection (3) is prima facie proof of the service.

(5) A person summonsed in terms of this section or requested by a Legislature or committee to attend a meeting of the Legislature or committee, 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.

17. When a House 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 17; 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.

18. (1) In connection with the examination of any person by, or the production of any document before, a House or a committee in terms of section 17, 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.

(2) Evidence given by a person before a Legislature or committee, whether or not under oath or affirmation, may not be used against that person in any court or place outside that Legislature, except in criminal proceedings where the person concerned stands trial on a charge contemplated in section 19(1)(c) or(2)(d) or (e).

19. (1) A person who—

(a) has been duly summonsed in terms of section 16 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 17(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 17(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 17(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 a Legislature or a committee;

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

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

(e) whether or not under oath or affirmation, wilfully furnishes a Legislature or a committee with information, or makes 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.

20. (1) No person is liable to civil or criminal proceedings in respect of the publication of any report, paper or minutes of a Legislature or a committee by order or under the authority of the Legislature or committee.

(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 a Legislature or a committee.

21. No person may wilfully 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 a House;

(b) any document purporting that such document has been printed under the authority of a Legislature, a committee, the Speaker or the Chairperson, while it has not been published under such authority; or

(c) any document purporting that such document is a verbatim account of proceedings of a Legislature or a committee, while it is not such an account.

22. In any proceedings before a court or any other tribunal in which the proceedings of a Legislature are relevant, a copy of the journals printed or purporting to have been printed by order of a Legislature or the Speaker or Chairperson, is admissible as evidence of such journals without any proof being given that the copy was so printed.

23. (1) No person may broadcast or televise or otherwise transmit by electronic means any part of the proceedings of a Legislature or of a committee except by the authority of the Speaker or Chairperson and in accordance with the conditions, if any, determined by the Speaker or Chairperson.

(2) No person is liable to civil or criminal proceedings in respect of the broadcasting, or televising or electronic transmission of any part of the proceedings of a Legislature or a committee if it has been duly authorised under subsection (1) and complies with the conditions, if any, determined under that subsection.

24. (1) Subject to the standing rules, a House may authorise the Speaker, the Chairperson or a committee to perform any act which may be performed by a House 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 a House is vested in terms of this Act for the performance of that act.

25. 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 a Legislature or a committee and within the legal powers of a Legislature or a committee or under any warrant or summons issued by virtue of those powers.

26. When a member of the National Assembly or of a provincial legislature 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—

(a) the registrar or clerk of the court sentencing that person must in writing inform the Speaker or the Chairperson, as the case requires, of the nature of the offence and the sentence imposed; and

(b) if an appeal is noted against such a sentence, the registrar or clerk of the court hearing the appeal must in writing inform the Speaker or the Chairperson, as the case requires, of the noting of the appeal and of the outcome thereof.

27. A person may not hinder or obstruct a staff member in the execution of the staff member’s duties or while the staff member is proceeding to or going from a Legislature or a committee in the course of or in connection with his or her duties,

28. (1) A person who contravenes section 9 or 11(1) commits an offence and is liable to a fine or to imprisonment for a period not exceeding three years or to both the fine and the imprisonment.

(2) A person who contravenes section 21, 23(1) or 27 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.

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

30. This Act is called the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2002.

SCHEDULE

1.The Constitution of the Republic of South Africa, 1996, sets out the most significant powers, privileges and immunities of Parliament and provincial legislatures and their members that are necessary to enable them to carry out their constitutional functions. Some of these powers, privileges and immunities are traditional in parliamentary systems of government, namely

• The power of a Legislature to determine and control its own proceedings;
• Freedom of speech of members of Legislatures; and

• Members’ immunity from civil and criminal proceedings for anything said in a Legislature or a committee of the Legislature.

2. The Constitution provides that "other privileges and immunities" may be prescribed by national legislation or the respective rules and orders(sections 58(2), 71(2) and 117(2)). The applicable legislation in respect of Parliament, namely the Powers and Privileges of Parliament Act, 1963 (Act 91 of 1963), is dated and in some respects inconsistent with the Constitution. Most of the provincial legislatures have their own legislation on this matter, adopted under the interim (1993) Constitution, but the validity of that legislation is in doubt, since it is not national legislation.
3. The Bill is the product of a parliamentary process that started in 1997 with the appointment of the Joint Subcommittee on Powers and Privileges of Parliament (a subcommittee of the Joint Rules Committee), whose main function was to make recommendations to transform the existing law and practice on parliamentary powers and privileges. The Subcommittee prepared a draft Bill, which was referred by each of the Houses of Parliament to an ad hoc committee. A copy of the draft Bill was published for comment in the Government Gazette of 11 July 2001. The Ad Hoc Committee on Powers and Privileges of Parliament (National Assembly) prepared an amended draft of the Bill for introduction in the National Assembly.
4. The main object of the Bill is to enact legislation envisaged in sections 58(2), 71(2) and 117(2) of the Constitution. In addition the Bill also seeks to regulate certain incidental matters relating to the functioning of Legislatures, ie Parliament and the provincial legislatures.
5. In summary the Bill provides as follows:

Chapter 1 contains definitions

Chapter 2 describes the precincts of Legislatures and regulates the control of the precincts.

Chapter 3 makes provision for a Legislature to take disciplinary action against a member who is in contempt of the Legislature.

Chapter 4 provides for freedom of speech in joint sittings of the National Assembly and the National Council of Provinces and proposes various measures to ensure the independence and protection of Legislatures and their members. The Bill does not deal with freedom of speech in the respective Houses of Parliament, in provincial legislatures and in committees of the Legislatures since that is provided for in the Constitution.

Chapter 5 deals with witnesses before a House or committee of Parliament. Provincial legislatures are excluded since section 115(c) of the Constitution requires this matter to be dealt with in provincial legislation or the rules and orders of the respective provincial legislatures.

Chapter 6 contains provisions relating to the publication and broadcasting of the proceedings of Legislatures.

Chapter 7 proposes some general provisions, including the creation of offences and the repeal of laws. The existing Powers and Privileges of Parliament Act, 1963 (Act 91 of 1963), is being repealed in its entirety, except for section 31, which prescribes certain financial arrangements in respect of Parliament. It is envisaged that the financial arrangements of all Legislatures will be dealt with in a separate Bill to be introduced.

6. The Bill is introduced by the Ad Hoc Committee on Powers and Privileges as a section 75 Bill.