At the very outset speaker, allow me to dedicate this debate to a remarkable freedom fighter, comrade, colleague and former chairperson of this committee, Cde Peter Mokaba.It was a privilege serving with him.

There was a time in our terrible past when Parliament was sovereign. As such it was used or rather abused to visit all types of iniquities on our people. Can we forget how the Senate was immorally enlarged to remove Coloured people from the voter's role? How year after year, Parliament was used to keep Robert Sobukwe on Robben Island.

Today we have a Constitution as the supreme law of the land under which, and in terms of which, our Parliament too must operate, thus the need for this bill.

Speaker, we need to read the bill in conjunction with the Committee report published in the ATC on 26 November 2003.1 shall be referring to both the bill and the report as the report highlights matters that must be further addressed by the Rules committee and the Constitution Review Committee.

Chapter 1: deals with definitions

· A description of what constitutes the precincts of Parliament

· It is recommended that this Lacuna be referred to the Constitutional Review Committee.

Clause 7 Prohibits acts in respect of Parliament and Members. Acts that are prohibited include the following:

· A person may not impede the function of Parliament,

· Assault or threaten a member because of his or her conduct in the House

· Cause a disturbance while a House/committee is sitting.

· Fail to comply with an instruction by a duly authorized official.

Clause 8 deals with Improper influence of Members

• Influence a MP in the performance of his or her duty

• To be absent

• Compel a MP to be for or against something pending before the House/Committee.

• A Member may not ask for or receive or accept any fee, compensation, gift, reward, favour or benefit for:

· Voting in a particular manner,

• Or not voting

· Promoting or opposing anything pending, or

· For making a representation to a House/Committee

Chapter 4: Disciplinary Action Against A Member: This chapter provides that a House has all the powers that are necessary for inquiring into and pronouncing upon any act or matter declared by or under section 13 to be in Contempt of Parliament by a Member and taking the disciplinary action provided therefore. A Committee must be established to deal with all inquiries referred to it. This inquiry needs to be conducted in accordance with a procedure that is fair and reasonable. The Adhoc Committee recommends that the Rules need to provide for these procedures and they should be in place when the legislation takes affect. It is the House that finds a Member guilty of Contempt and provision is made for sanctions, amongst others, that range from

· A formal warning

· An apology to the House

· The withholding for a specified period of certain facilities provided to Members

· A fine not exceeding the equivalent of one months salary and allowances

· The suspension, with or without remuneration, for a period not exceeding 30 days

This chapter sets out how Witnesses are subpoenaed to appear before a House or Committee. It provides amongst others that a person can only be subpoenaed by the Secretary to Parliament: On the instructions of the Speaker or the Chairperson, or The Chair of a committee with the concurrence of the Speaker/Chairperson. It also makes provision for the administering of an Oath or affirmation. A very important aspect is covered in Clause 16 dealing with the Privileges of Witnesses. A witness being examined under Oath or Affirmation may be required to answer any question or to produce any document, despite the fact that doing so would incriminate themselves or would tend to expose them to criminal or civil proceedings, or damages. Provision is made that evidence given under Oath or Affirmation by a person may not used against that person in any court or place outside Parliament except where the person stands trail on charges of perjury

Clause 15 provides for certain limitations regarding the type of subject matter about which a witness may be questioned or the type of document that a witness may be requested to produce.

These Limitations should be set out in the Rules.

· This could deal with matters, amongst others, such as;

· Classified documents,

· Sensitive information of a commercial or economic nature

· The private affairs of individuals or institutions supplied in confidence,

· Matters which are, or may become the subject of sensitive negotiations with governments or other bodies

Clause 17 makes it an offence for a person subpoenaed not to appear or for failing to remain in attendance.

It is also an offence to refuse to be sworn in, or without sufficient cause, fails to answer fully and satisfactorily all questions lawfully put.

It is also an offence for a person to threaten or obstruct a person in respect of evidence to be given, as well as assaulting or penalizing a person on account of the evidence they give or intend giving.

Deals with the broadcasting of proceedings as well as the publication of the proceedings. This will be further dealt with by one of my colleagues.

An entirely new and innovative provision is that of providing members of the public that are aggrieved by a statement or remark made by a Member or a witness in or before a House or Committee about that person, to have a response recorded. The relevant committee would consider such request, and if approved, the response will be published in the appropriate Parliamentary paper. The act provides for fines, imprisonment or both for a period not exceeding 3 years in the case of some offences and up to 15 years for other offences.

This chapter makes provision for certain clause to be made applicable to Provincial Legislature and their members

There are a number of other matters that the committee has expressed itself on that I would like to repeat for the record. The report of the committee further recommends that:

· Reflections on the Judiciary be dealt with in the Rules

· Loss of Membership and other sanctions for non-attendance of a House or committee be dealt with in the Rules

· Members Conflict of Financial Interest be dealt with in the Code of Conduct

· That a procedure for initiating disciplinary action be contained in the Rules.

It is important that the Report of the committee be read with this bill as it contains a number of recommendations related to the implementation of this bill.

This bill is the result of many consultations, discussions and other forms of input from way back in 1997. We have gone through 16 drafts. One of the people involved since then to date has been Mr. Anton Meyer, former Law advisor to parliament and drafter of the bill. I would like to thank him for his willingness at all times and often at short notice to make himself available both to me and to the committee.

Thanks also to Ms Adhikari, at Parliament's Legal services.

Mr. Eglin, it was indeed a pleasure serving with you, being able to tap into your experience. May I wish you well in your retirement.

Madam Speaker it is sincere pleasure to recommend the Bill to the House,