DRAFT 1
PROPOSED NEW CHAPTER 2A
ORDER IN
JOINT SITTINGS AND RULES OF DEBATE
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.
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[1].
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.
Debate
closed
A reply to a debate closes the debate.
INCOMPATIBLE RULES
TO BE ADJUSTED FOR PROPOSED NEW CHAPTER 2A:
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 sitting[2].
(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.
(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.
(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.
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.
(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 the Council warrant the removal of the judge or the holder
of that office.