| Parliament name |
Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the results are declared |
| Validation of mandates |
· Validation by the High Court only in case of challenge by election petitions (Art. 69 (1) (a) of the Constitution of 30.09.1966, as amended of 1987)
· Procedure (Art. 75 of the Constitution, S. 114 to 138 of the Electoral Act)
|
| End of the mandate |
· When the election results of the newly elected Members are declared - or on the day of early dissolution (for early dissolution, see Art. 68 (1) (a), and 91 (2) to (5) of the Constitution) |
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 125 (1) of the Constitution)
· Procedure (Art. 125 of the Constitution)
· Authority competent to accept the resignation: the resignation need not be accepted
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: decision of the High Court (Art. 69 (1) (a) of the Constitution):
- Loss of mandate for absence (Art. 68 (1) (b) of the Constitution, SO 5 of the Standing Orders of the National Assembly; see also Participation in the work of Parliament)
- Disqualification (Art. 62 and 68 (1) (c) and (2) of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic passport
· Basic salary: P 64,860
+ Additional allowance: differs in accordance with constituency
+ Hospitality allowance: P 4,008 per annum
· Total exemption from tax
· Special pension scheme
· Other facilities:
(a) Secretariat (Art. 70 of the
Constitution): BWP 13,632 per annum
(b) Official housing
(c) Official car during parliamentary meetings
(d) Security guards at official residences (apartments) when the Assembly is meeting
(e) Postal and telephone services are paid two thirds of the charge
+ Communications Allowance: BWP 3,408
(f) Free travel and transport during parliamentary meetings
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist.
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (Art. 44 (2) to (6) of the Standing Orders of the National Assembly, see Discipline)
· Non-accountability takes effect (on the day when the mandate begins) and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist.
· It applies to criminal and civil proceedings, covers all offences and protects MPs from arrest and from being held in preventive custody, and from the opening of judicial proceedings against them.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sessions
· Parliamentary immunity (inviolability) can be lifted
- Competent authority:
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the Parliament Administration.
|
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings or other meetings
· Penalties foreseen in case of failure to attend (Art. 68 (1) (b) of the Constitution, SO 5 of the Standing Orders of the National Assembly): loss of mandate
· Body competent to judge such cases/to impose penalties (Art. 69 (1) (a) of the Constitution): the High Court
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 43 and 44 of the Standing Orders of the National Assembly.
· Disciplinary measures foreseen:
- Order to discontinue the speech (Art. 44 (1) of the Standing Orders of the National Assembly)
- Order to withdraw for the remainder of the day's sitting (Art. 44 (2) of the Standing Orders of the National Assembly)
- Naming and suspension (Art. 44 (3) to (6) of the Standing Orders of the National Assembly)
- Adjournment of the Assembly, suspension of the sitting (Art. 44 (7) of the Standing Orders of the National Assembly)
· Specific cases:
- Offence or insult (Art. 44 (2) to (6) of the Standing Orders of the National Assembly): order to withdraw for the remainder of the day's sitting, naming and suspension
- Order to discontinue the speech, order to withdraw for the remainder of the day's sitting, naming, adjournment of the Assembly, suspension of the sitting, offence or insult: the Speaker
- Suspension, offence or insult: the National Assembly
· Procedure:
- Order to discontinue the speech (Art. 44 (1) of the Standing Orders of the National Assembly)
- Order to withdraw for the remainder of the day's sitting, offence or insult (Art. 44 (2) of the Standing Orders of the National Assembly)
- Naming and suspension, offence or insult (Art. 44 (3) to (6) of the Standing Orders of the National Assembly)
- Adjournment of the Assembly, suspension of the sitting (Art. 44 (7) of the Standing Orders of the National Assembly)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 62 (1) (e) and (g), 68 (1) (c), 69 (1) (a), and 94 of the Constitution).
· Penalties foreseen for violation of the rules of conduct (Art. 62 (1) (e) and (g), and 68 (1) (c) of the Constitution): loss of mandate (incompatibilities)
· Competent body to judge such cases/to impose penalties (Art. 69 (1) (a) of the Constitution): the High Court
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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