INCOMPATIBLE RULES TO BE ADJUSTED FOR PROPOSED NEW CHAPTER 2A: ORDER IN JOINT SITTINGS AND RULES OF DEBATE

Member ordered to withdraw [NA Rule 51]

If the presiding officer is of the opinion that a member is deliberately contravening a provision of these Rules, or that a member is in contempt of or is disregarding the authority of the Chair, or that a member's conduct is grossly disorderly, he or she may order the member to withdraw immediately from the Chamber for the remainder of the day's sitting2.

Member ordered to leave [NCOP Rule 37]

(1) The officer presiding may order a member to leave the Chamber immediately for the remainder of the day's sitting if the officer presiding is of the opinion that -

(a) the member is deliberately contravening a provision of these Rules;

(b) the member is in contempt of or is disregarding the authority of the Chair; or

(c) the member's conduct is grossly disorderly.

(2) A member ordered to leave the Chamber may not participate in any parliamentary activities during that day.

Naming or suspension of member [NA Rule 52]

If a presiding officer is of the opinion that a contravention committed by a member of this House is of so serious a nature that an order to withdraw from the Chamber for the remainder of the day's sitting is inadequate, the presiding officer may

(a) if he or she is the Speaker, suspend the member; or

(b) if he or she is not the Speaker, name the member, whereupon the Speaker, after consultation with the presiding officer, may take such action as he or she deems necessary.

Censure of member [NCOP Rule 38]

(1) If an officer presiding is of the opinion that the behaviour of a member is of so serious a nature that an order to leave the Chamber for the remainder of the day's sitting is inadequate, the officer presiding may order the offending member to leave the precincts of Parliament until the Chairperson of the Council has announced what action is to be taken against the member.

(2) If the Chairperson did not preside at the sitting the officer presiding must report the matter immediately to the Chairperson.

(3) The Chairperson -

(a) must report the offending member to the provincial legislature concerned; and

(b) may suspend the offending member if that member is a permanent member.

(4) Any action taken by the Chairperson against an offending member must be announced in the Council.

Member to withdraw from precincts of Parliament [NA Rule 53]

(1) A member ordered to withdraw from the Chamber or suspended or named shall, subject to Subrule (2), forthwith withdraw from the precincts of Parliament.

(2) If a presiding officer other than the Speaker orders a member of this House to withdraw from the Chamber and the member is a Minister or a Deputy Minister, the Speaker shall, after consultation with the presiding officer, order the member to withdraw from the precincts of Parliament or take such other action as the Speaker deems necessary.

(3) The action taken against a member by the Speaker under Rule 52(b) or Subrule (1) of this Rule shall be announced in this House.

(4) A member of this House who has been named shall not return to the precincts of Parliament before the action taken against him or her by the Speaker has been announced.

Period of suspension [NA Rule 54]

The suspension of a member shall on the first occasion during a session continue for 5 parliamentary working days, on the second occasion for 10 parliamentary working days, and on any subsequent occasion for 20 parliamentary working days.

Period of suspension [NCOP Rule 39]

(1) The suspension of a permanent member on the first occasion during an annual session continues for five working days, on the second occasion for 10 working days, and on any subsequent occasion for 20 working days.

(2) During a suspension the permanent member concerned may not enter the precincts of Parliament.

Expression of regret [NA Rule 55]

(1) A member of this House who has been suspended or named may submit to the Speaker a written expression of regret, and if the Speaker approves such expression of regret, he or she may discharge the suspension or permit the member to take his or her seat, and the Speaker shall inform this House accordingly.

(2) An expression of regret approved by the Speaker shall be recorded in the Minutes of Proceedings.

Apologies [NCOP Rule 50]

(1) A permanent member who has been suspended or whose suspension is being considered may submit a written apology to the Chairperson of the Council.

(2) The Chairperson may accept or reject the apology, and if accepted -

(a) may revoke the suspension where the member has been suspended, or authorise the member to return to the precincts of Parliament where suspension was under consideration; and

(b) must inform the Council accordingly.

(3) An apology accepted by the Chairperson must be recorded in the Minutes of Proceedings.

Member to withdraw while his or her conduct is debated [NA Rule 57]

Whenever a charge is made against a member, he or she shall, after having been heard from his or her place, withdraw from the Chamber while such charge is being debated.

Debating of charges against member [NCOP Rule 42]

If a charge is made against a member, that member must be given the opportunity to be heard.

Reflections upon decisions of same session [NA Rule 64]

No member shall reflect upon any decision of this House of the same session, except for the purpose of moving that such decision be amended or rescinded.

Reflections upon statutes [NA Rule 65]

No member shall reflect upon any statute of the same session, except for the purpose of moving for its amendment or repeal.

Reflections upon judges, etc [NA Rule 66]

No member shall reflect upon the competence or honour of a judge of a superior court, or of the holder of an office (other than a member of the Government) whose removal from such office is dependent upon a decision of this House, except upon a substantive motion in this House alleging facts which, if true, would in the opinion of the Speaker prima facie warrant such a decision.

Reflection upon previous Council decisions and on judges, etc [NCOP Rule 47]

(1) No member, while addressing the Council, may reflect upon any decision of the Council taken in the same annual session, except for the purpose of moving that such decision be amended or rescinded.

(2) No member, while addressing the Council, may reflect upon the honour of a judge, or of the holder of an office whose removal from office is dependent upon a decision of the Council, except upon a substantive motion in the Council alleging facts which, if true, would in the opinion of the Chairperson of Council warrant the removal of the judge or the holder of that office.