PROPOSED NEW CHAPTER 2A: ORDER IN JOINT SITTINGS AND RULES OF DEBATE
COMPATIBLE RULES
Part 1: Order in sittings
Freedom of speech and debate
(1) In accordance with sections 58(1 )(a) and 71 (1 )(a) of the Constitution, 1996, read with section 6 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004, Cabinet members, Deputy Ministers, members of the National Assembly and delegates of the National Council of Provinces shall have freedom of speech and debate in or before a Joint Sitting, subject only to the restrictions placed on such freedom in terms of or under the Constitution, any other law or these Rules.
(2) In accordance with sections 58(1 )(b) and 71 (1 )(b) of the Constitution, 1996, read with section 6 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act, 2004, and subject to these Rules, Cabinet members, Deputy Ministers, members of the National Assembly and delegates of the National Council of Provinces shall not be liable to civil or criminal proceedings, arrest, imprisonment or damages for anything they have said, produced before or submitted to a Joint Sitting, or anything revealed as a result of anything they have said, produced before or submitted to a Joint Sitting.
Conduct of members
(1) Every member, when he or she enters or leaves the Chamber or moves to any other part of the Chamber during a debate, unless the presiding officer directs otherwise, shall bow to the Chair in passing to or from his or her seat.
(2) No member shall pass between the Chair and the member who is speaking, nor between the Chair and the Table, nor stand in any of the passages or gangways.
Members not to converse aloud
During debate no member shall converse aloud.
Member not to be interrupted
No member shall interrupt another member whilst speaking, except to call attention to a point of order or a question of privilege.
Order at adjournment
When a joint sitting rises, members shall rise and remain in their places until the presiding officer has left the Chamber.
Precedence of presiding officer
Whenever the presiding officer rises during a debate, any member then speaking or seeking to speak shall resume his or her seat and the presiding officer shall be heard without interruption.
Irrelevance or repetition
The presiding officer, after having called attention to the conduct of a member who persists in irrelevance or repetition of arguments, may direct the member to discontinue his or her speech.
Grave disorder
In the event of grave disorder at a sitting, the presiding officer may adjourn the sitting or may suspend the proceedings for a period to be stated by him or her.
Part 2: Rules of debate: Member to address Chair
At a Joint Sitting in the Chamber of the National Assembly a member may only speak from the podium, except
(a) to raise a point of order or a question of privilege; and
(b) to furnish an personal explanation in terms of [New Rule *]
(c) if the member is unable to do so due to a physical disability; or (d) by prior arrangement with the presiding officer,
when he or she may address the Chair from a microphone on the floor of the Chamber.
Calling of members
A member shall be called in a debate by the presiding officer in accordance with a list of scheduled speakers from different parties and of both Houses.
Time limits for speeches
Members shall be restricted, in regard to the length of time they speak, to the times allocated to them in the list contemplated in [New Rule * (Calling of members)].
Reference to member by name
No member shall refer to any other member by his or her first name or names only.
Offensive language
No member shall use offensive or unbecoming language.
Matters sub judice
No member shall reflect on the merits of any matter on which a judicial decision is pending.
Rule of anticipation
(1) No member shall anticipate the discussion of a matter appearing on the Order Paper.
(2) In determining whether a discussion is out of order on the ground of anticipation, the presiding officer shall have regard to the probability that the matter anticipated will be discussed in a Joint Sitting within a reasonable time.
Explanations
(1) An explanation during debate is allowed only when a material part of a member's speech has been misquoted or misunderstood, but such member shall not be permitted to introduce any new matter, and no debate shall be allowed upon such explanation.
(2) A member may, with the prior consent of the presiding officer, also explain matters of a personal nature, but such matters may not be debated, and the member shall confine himself or herself strictly to the vindication of his or her own conduct and may not speak for longer than three minutes.
Points of order
When a point of order is raised, the member called to order shall resume his or her seat, and after the point of order has been stated to the presiding officer by the member raising it, the presiding officer shall give his or her ruling or decision thereon either forthwith or subsequently
Acting for absent member
A member may take charge of an order of the day in the absence of the member in charge, provided he or she has been authorised to do so by the absent member.
Right of members to speak
A member may speak -
(a) when called upon to do so by the presiding officer; or (b) to a point of order.
When reply allowed
A reply shall be allowed to the member introducing a subject for discussion (except in the case of the President's state-of-the-nation address) or to the member in charge of an order of the day.