| Parliament name |
Parliament |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Linked representation - imperative mandate (see also Loss of mandate - Loss of party membership)
|
| 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. 73 (1) (a) of the Constitution of 27.07.1998)
· Procedure (Art. 73 (1) (a), (2) to (4), and (7) of the Constitution, Art. 141 to 160 of the Electoral Act 1998)
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 59 (1) of the Constitution) (for early dissolution, see Art. 59 (2) of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (SO 5 (1) of the Standing Orders of the House of Representatives)
· Procedure (Art. 71 (1) (a) of the Constitution, SO 5 of the Standing Orders of the House of Representatives)
· 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 by the High Court (Art. 73 (1) (b) of the Constitution):
- Loss of mandate for incompatibilities and ineligibilities (Art. 71 (1) (b) to (d), (f), and (j), and (6) of the Constitution)
- Loss of mandate for absence (Art. 71 (1) (e) of the Constitution, SO 4 of the Standing Orders of the House of Representatives)
- Loss of party membership (Art. 71 (1) (g) and (h), and (3) to (5) of the Constitution)
- Nomination as a candidate for election to the House of Representatives in a constituency other than the constituency for which he is the Member (Art. 71 (1) (i) of the Constitution)
- General procedure (Art. 73 (1) (b), (5), and (6) of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament (SO 102 of the Standing Orders of the House of Representatives):
1. The Prime Minister
2. The Cabinet Ministers in order of appointment
3. The Leader of the Opposition
4. The acting Ministers in an order to be decided by the Prime Minister
5. The Members of the House of the Government benches in order determined first by the length of service as a Member and, upon equality of such service, in alphabetical order, or otherwise as may be determined by the Speaker
6. The Members of the House on the Opposition benches in order determined first by the length of service as a Member and, upon equality of such service, in alphabetical order, or otherwise as may be determined by the Speaker
|
| Indemnities, facilities and services |
· Diplomatic passport for Cabinet Ministers and the Speaker of the House of Representatives
· Basic salary (see also Art. 83 of the Constitution): FJD 18,000 per year
+ Office salary: for certain offices
+ Expense Allowance: in accordance with function
+ Constituency Allowance: FJD 7,000 per year
· The basic and office salaries are taxable. The Expense Allowance and the Constituency Allowance are tax exempt.
· Pension scheme
· Other facilities:
(a) Secretariat/assistants (see also Art. 84 of the Constitution and SO 18 of the Standing Orders of the Senate): for MPs belonging to a political party which has four or more members in the House of Representatives
(b) Official housing
(c) Official car
(d) Postal and telephone services
(e) Travel and transport
(f) Others
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 74 (2) of the Constitution, SO 98 (1) of the Standing Orders of the House of Representatives).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 39 (9) and (20) of the Standing Orders of the House of Representatives, see Discipline)
· Non-accountability takes effect on the day when the mandate begins. It does not offer, 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 (Art. 74 (2) of the Constitution, SO 98 (2) of the Standing Orders of the House of Representatives).
· It applies to criminal and civil proceedings, covers all offences but protects MPs only from arrest and from being held in preventive custody.
· No derogations are foreseen.
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided only during sittings, and, for a civil debt, also whilst going to or returning from a sitting of the House.
· Parliamentary immunity (inviolability) can be lifted (SO 98 (2) of the Standing Orders of the House of Representatives):
- Competent authority: the Speaker
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· 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 no training/initiation process on parliamentary practices and procedures for MPs.
· Handbook of parliamentary procedure:
- Standing Orders of the House of Representatives
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings, committee meetings or other meetings.
· Penalties foreseen in case of failure to attend:
- Loss of mandate (Art. 71 (1) (e) of the Constitution, SO 4 of the Standing Orders of the House of Representatives)
- Reduction of subsistence allowance (see also Others facilities - Travel and transport)
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 39 (9), (20), 42 (1), and (3) to (9), and 98 (4) of the Standing Orders of the House of Representatives.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 42 (3) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 42 (4) and (5) of the Standing Orders of the House of Representatives)
- Naming and suspension (SO 42 (6) and (7), and 98 (4) of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 42 (8) of the Standing Orders of the House of Representatives)
- Other measures (SO 42 (9) of the Standing Orders of the House of Representatives)
· Specific cases:
- Offence or insult (SO 39 (9) and (20) of the Standing Orders of the House of Representatives)
· Competent body to judge such cases/to impose penalties (SO 42 (1) of the Standing Orders of the House of Representatives):
- Warning for irrelevance, order to withdraw, naming, adjournment of the House, suspension of the sitting: the Speaker
- Suspension, other measures: the House of Representatives
- Offence or insult
· Procedure:
- Warning for irrelevance (SO 42 (3) of the Standing Orders of the House of Representatives)
- Order to withdraw (SO 42 (4) and (5) of the Standing Orders of the House of Representatives)
- Naming and suspension (SO 42 (6) and (7), and 98 (4) of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 42 (8) of the Standing Orders of the House of Representatives)
- Other measures (SO 42 (9) of the Standing Orders of the House of Representatives)
- Offence or insult (SO 39 (9) and (20) of the Standing Orders of the House of Representatives)
|
| Code (rules) of conduct |
· This concept does exist in the country's juridical system (Art. 156 of the Constitution). See also SO 39 (13) of the Standing Orders of the House of Representatives. For incompatibilities, see Loss of mandate for incompatibilities.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
|
Compare data for parliamentary chambers in the Mandate module
