12. (1) Subject to this Act, a House has all the powers which are necessary for inquiring into and pronouncing upon any act or matter declared by or under section 13 to be contempt of Parliament by a member, and taking the disciplinary action provided therefore.

(2) A House must appoint a standing committee to deal with all inquiries referred to in subsection (1).

(3) Before a House may take any disciplinary action against a member in terms of subsection (1), the standing committee must-

(a) Enquire into the matter in accordance with a procedure that is reasonable and procedurally fair; and

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

(4) The fact that the standing committee is inquiring into a matter or that a House has taken disciplinary action against a member does not preclude criminal investigation or proceedings against the member in connection with that matter.

(5) 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 any other law, impose any one or more of the following penalties:

(a) A formal warning;

(b) a reprimand;

(c) an order to apologize to Parliament or the House or any person, in a manner determined by the House;

(d) the withholding, for a specified period, of the member's right to the use or enjoyment of any specified facility provided to members by Parliament;

(e) the removal, or the suspension for a specified period, of the member from any parliamentary position occupied by the member;

(I).a fine not exceeding the equivalent of one month's salary and allowances payable to the member concerned in terms of the Remuneration of Public Office Bearers Act, 1998 (Act No.20 of 1998);

(g) the suspension of the member, with or without remuneration, for a period not exceeding 30 days, whether or not the House or any of its committees is scheduled to meet during that period.

(6) When a House finds a member guilty of contempt, the House may, where appropriate, instead of or in addition to the imposition of a penalty under subsection (5), refer the matter to the National Director of Public Prosecutions.

(7) A fine payable under subsection (5) (f) may be recovered-

(a) by deducting installments from the members' salary, as specified by the House in imposing the fine; or

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

(8) All fines under subsection (5)(I) which are paid or recovered must be paid into Parliament's bank account.

(9) A member may not be suspended under subsection (5) (g) unless the House has found that-

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

(b) none of the other penalties set out in subsection (5) will be sufficient.

(10) A member who has been suspended under subsection (5) (g) must leave the precincts, and may not, during the period of suspension, without the written permission of the Speaker or the Chairperson-

(a) enter the precincts for whatever purpose;

(b) participate in any activity of Parliament or any committee.

(11) Despite the Remuneration of Public Office Bearers Act, 1998, a member who has been suspended without remuneration under subsection (5) (g) is not entitled to any salary or allowances under that Act for the period of suspension.

(12) Except as provided in the Constitution, a House does not have the power to terminate a members membership of the House.

(13) This section does not affect the power of a person presiding at a meeting of a House or a committee, or a joint meeting of the Houses, to maintain order and discipline in the meeting.

13. A member is guilty of contempt of Parliament if the member-

(a) contravenes section 7,8, 10, 19, 21(1) or 26;

(b) commits an act mentioned in section 17(1) (a),(b),or(c) or (2) (a),(b),(c),(d)

or (e);

(c) willfully fails or refuses to obey any rule, order or resolution of a House or the Houses; or

(d) commits an act which in terms of the standing rules constitutes-(I) contempt of Parliament; or

(ii) a breach or abuse of parliamentary privilege.

16. (1) Subject to subsection (2), the law regarding privilege as applicable to a witness summonsed to give evidence or to produce a document before the High Court of South Africa applies to the examination of a person in terms of section 15.

OPTION I

(2) A person who is being examined under oath or affirmation in terms of section 15 is not entitled to refuse to answer a question put to him or her in connection with the subject of the inquiry, and to produce a document that he or she is required to produce under that section, on the ground that the answer or the document would incriminate him or her or would tend to expose him or her to criminal or civil proceedings, or damages.

(2) A person who is being examined under oath or affirmation in terms of section 15 may be required to answer a question put to him or her n connection with the subject of the inquiry, and to produce a document that he or she is required to produce under that section, despite the fact that the answer or the document would incriminate him or her or would tend to expose him or her to criminal or civil proceedings, or damages.

OPTION 3 (combination of sub-clauses (1) and (2))

(1) The law regarding privilege as applicable to a witness summonsed to give evidence or to produce a document before the High Court of South Africa applies to the examination of a person in terms of section 15, except that such a person is not entitled to refuse to answer a question put to him or her in connection with the subject of the inquiry, and to prod 'ice a document that he or she is required to produce under that section, on the ground that the answer or the document would incriminate him or her or would tend to expose him or her to criminal or civil proceedings, or damages.

(3) Evidence given under oath or affirmation by a person before a House or committee may not be used against that person in any court or place outside Parliament, except in criminal proceedings where the person concerned stands trial on a charge of perjury or a charge contemplated in section 17 (1 ) (c) or (2) (d) or (e).

25.(I) A person, other than a member, who feels aggrieved by an adverse statement or remark made by a member or a witness in or before a House or committee about that person, may submit a written request to the Secretary to have a response recorded.

(2) The Committee referred to in section 12(2) must, subject to the standing rules, consider the request and, if approved, publish the response person in the appropriate parliamentary paper.