| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
Senate |
| Related chamber (for bicameral parliaments) |
House of Representatives
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· At the moment of their appointment |
| Validation of mandates |
· Validation by the High Court only in case of challenge by election petitions (S. 37 (1) (a) of the Constitution of 07.02.1974)
· Procedure (S. 37 (2), (5) to (8), and S. 44 of the Constitution): The High Court shall have jurisdiction to hear and determine any question whether any person has been validly appointed as a Senator.
An application to the High Court may be made by any person registered in a constituency as a voter in elections of Members of the House of Representatives or by the Attorney-General. If such application is made by a person other than the Attorney-General, the Attorney-General may inter-vene and may then appear or be represented in the proceedings.
Parliament may make provision with respect to
(a) the circumstances and manner in which and the imposition of conditions upon which any ap-plication may be made to the High Court for the determination of any question under this section; and
(b) the powers, practice and procedure of the High Court in relation to any such application.
An appeal shall lie as of right with the Court of Appeal from any final decision of the High Court determining such a question.
No appeal shall lie from any decision of the Court of Appeal and no appeal shall lie from any deci-sion of the High Court in proceedings other than a final decision determining such a question.
In the exercise of these functions, the Attorney-General shall not be subject to the direction or control of any other person or authority.
Any person who sits or votes in either House of Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not ex-ceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day he so sits or votes in the House.
Any prosecution for such an offence shall be instituted in the High Court and may only be so in-stituted by the Director of Public Prosecutions.
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (S. 27 (1) of the Constitution) (for early dissolution, see S. 52 (1), (2) and (4) of the Constitution) |
| Can MPs resign? |
Yes |
· Of their own free will (S. 109 (1) of the Constitution)
· Authority competent to accept the resignation: the resignation need not be accepted
· Procedure (S. 109 of the Constitution): Any person who is appointed or elected to any office established by the Constitution may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed or elected, provided that the resignation of any person from the office of Senator is ad-dressed to the President of the Senate.
The resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorised by that person or authority to receive it.
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision:
- Loss of mandate for absence from five consecutive meetings of the Senate without the leave of the President obtained in writing (S. 27 (2) (a) of the Constitution in connection with SO 67 (3) of the Standing Orders of the Senate)
- Loss of mandate for loss of eligibility, including incompatibilities (S. 27 (2) (b) to (d) in connection with S. 25 (a) and 26 (1) to (4) of the Constitution). Procedure (S. 27 (3) of the Constitution): If any circumstances arise because any Senator is under sentence of death or imprisonment, ad-judged to be of unsound mind, declared bankrupt or convicted or reported guilty of an offence re-lating to elections and if it is open to the Senator to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a Senator but may not vacate his seat until the expiration of a period of thirty days thereafter, provided that the President of the Senate may, at the request of the Senator, from time to time, extend that period for further periods of thirty days to enable the member to pursue an ap-peal against the decision. However, such extensions of time exceeding in the aggregate one hun-dred and fifty days shall not be given without the approval, signified by resolution, of the Senate.
If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Senator to appeal, he shall forthwith vacate his seat.
If, at any time before the Senator vacates his seat, such circumstances aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to above and he may resume the performance of his functions as a Senator.
- Loss of mandate through declaration of the Governor-General (S. 27 (2) (e) of the Constitution)
- General procedure (S. 37 (1) (d), (4) to (8), and S. 44 of the Constitution): The High Court shall have jurisdiction to hear and determine any question whether any Senator has vacated his seat or is required, under the provisions of S. 27 (3) of the Constitution, to cease to perform any of his functions as a Senator.
An application to the High Court may be made by a member of the Senate, by any person regis-tered in a constituency as a voter in elections of Members of the House of Representatives or by the Attorney-General. If such application is made by a person other than the Attorney-General, the Attorney-General may intervene and may then appear or be represented in the proceedings.
Parliament may make provision with respect to
(a) the circumstances and manner in which and the imposition of conditions upon which any ap-plication may be made to the High Court for the determination of any question under this section; and
(b) the powers, practice and procedure of the High Court in relation to any such application.
An appeal shall lie as of right with the Court of Appeal from any final decision of the High Court determining such a question.
No appeal shall lie from any decision of the Court of Appeal and no appeal shall lie from any deci-sion of the High Court in proceedings other than a final decision determining such a question.
In the exercise of these functions, the Attorney-General shall not be subject to the direction or control of any other person or authority.
Any person who sits or votes in either House of Parliament knowing or having reasonable grounds for knowing that he is not entitled to do so shall be guilty of an offence and liable to a fine not ex-ceeding one hundred dollars, or such other sum as may be prescribed by Parliament, for each day he so sits or votes in the House.
Any prosecution for such an offence shall be instituted in the High Court and may only be so in-stituted by the Director of Public Prosecutions.
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| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
· Outside Parliament: |
| Indemnities, facilities and services |
· Diplomatic passport at request and under certain conditions.
· Basic salary:
+ Duty allowance:
+ Entertainment allowance:
· Exemption from tax
· No special pension scheme. MPs under 60 pay contributions to the National Insurance Scheme.
· Other facilities:
(a) Secretariat, assistants (S. 36 of the Constitution, SO 6 of the Standing Orders of the Senate): for the Leader of the Opposition; Clerk of the Senate
(b) Telephone services: telephone allowance
(c) Travel and transport: travel allowance |
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (S. 50 (3) of the Constitution)
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. (Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament.)
· Derogations: sub judice matters (SO 35 (1) of the Standing Orders of the Senate), offence or insult (SO 35 (3) and (5) of the Standing Orders of the Senate, see Discipline)
· Non-accountability takes effect on the day when the mandate begins. |
| Parliamentary immunity - parliamentary inviolability |
· The concept does not exist. For loss of mandate in case of a sentence, see S. 27 (2) (d) and (3) in connection with S. 26 (1) (d), (2) and (5) of the Constitution, and Loss of mandate owing to loss of eligibility.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members. |
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by functionaries of the Office of Parliament.
· There is no handbook of parliamentary procedure. |
| Participation in the work of the Parliament |
· It is compulsory for MPs to be present at plenary sittings, committee meetings, and other meetings.
· Penalties foreseen in case of failure to fulfil this obligation (S. 27 (2) (a) of the Constitution, SO 67 (3) of the Standing Orders of the Senate): loss of mandate
· Body competent to judge such cases/to impose penalties: the High Court |
| Discipline |
· The rules governing discipline within Parliament are contained in SO 35 (3) and (5), 39 (1), and 40 of the Standing Orders of the Senate.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 40 (1) of the Standing Orders of the Senate)
- Order to discontinue the speech (SO 40 (1) of the Standing Orders of the Senate)
- Order to withdraw (SO 40 (2), and (5) to (8) of the Standing Orders of the Senate)
- Naming (SO 40 (2) and (4) of the Standing Orders of the Senate)
- Suspension (SO 40 (3), and (5) to (8) of the Standing Orders of the Senate)
- Adjournment of the House, suspension of the sitting (SO 40 (7) and (9) of the Standing Orders of the Senate)
- Other measures (SO 40 (10) of the Standing Orders of the Senate)
· Specific cases:
- Offence or insult (SO 35 (3) and (5) of the Standing Orders of the Senate)
· Competent body to judge such cases/to impose penalties (SO 39 (1) of the Standing Orders of the Senate):
- Warning for irrelevance, order to discontinue the speech, order to withdraw, naming, adjournment of the House, suspension of the sitting: the President
- Suspension, other measures: the Senate
· Procedure:
- Warning for irrelevance, order to discontinue the speech (SO 40 (1) of the Standing Orders of the Senate): The President or the Chairman, after having called the attention of the Senate, or of the Commit-tee, to the conduct of a Senator who persists in irrelevance or tedious repetition either of his own arguments or of the arguments used by other Senators in debate, may direct him to discontinue his speech and to resume his seat.
- Order to withdraw, naming and suspension (SO 40 (2) to (8) of the Standing Orders of the Senate): The President or the Chairman shall order any Senator whose conduct is grossly disorderly to withdraw immediately from the Senate during the remainder of that day's sitting, and may direct such steps to be taken as are required to enforce this. If, however, on any occasion, the President or the Chairman considers that his powers to order the withdrawal of a Senator are inadequate, the President or Chairman may name such Senator for disregarding the authority of the Chair, in which event the following procedure should be followed:
Whenever a Senator has been named by the President, or by the Chairman, then:
(a) if the offence has been committed in the Senate, the President shall call upon a Minister to move "That Mr. ... be suspended from the service of the Senate." The President shall put the ques-tion on such motion forthwith, no seconder being required, and no amendment, adjournment or debate being allowed;
(b) if the offence has been committed in Committee, the Chairman shall forthwith suspend the proceedings of the Committee and, as soon as the Senate has resumed, shall report the circum-stances, whereupon the procedure provided for in the preceding subparagraph shall be followed;
(c) if any such motion is carried, and the Senator is suspended, his suspension on the first occasion shall continue until the next meeting of the Senate, and on the second occasion until the expiration of two meetings and on the third or any subsequent occasion until the Senate resolve that such suspension be terminated.
Not more than one Senator shall be named at the same time, unless several Senators present to-gether have jointly committed the offence.
A Senator who is directed to withdraw or who is suspended shall forthwith leave the Senate and its precincts.
If any Senator who has been directed to withdraw or who has been suspended refuses at any time to obey the order of the President to withdraw from the Senate and its precincts, the President shall call the attention of the Senate to the fact that recourse to force is necessary in order to compel obedience to his direction, and the Senator named by him as having so refused to obey his direc-tion shall thereupon be suspended without further question from the service of the Senate during the remainder of the session.
If resort to force is necessary, the President may suspend the sitting during the removal of the Senator.
A Senator who is directed to withdraw or who is suspended shall not be entitled to attend the sit-ting from which he was directed to withdraw or, in a case of suspension, to attend any sitting or enter the precincts of the Senate until the termination of his suspension.
- Adjournment of the House, suspension of the sitting (SO 40 (7) and (9) of the Standing Orders of the Senate): In the case of grave disorder arising in the Senate, the President may, if he deems it necessary, adjourn the Senate without any question put, or suspend the sitting for a time to be named by him.
- Other measures (SO 40 (10) of the Standing Orders of the Senate): Nothing in SO 40 of the Standing Orders of the Senate shall be taken to deprive the Senate of the power of proceeding against any Senator according to any resolution of the Senate. |
| Code (rules) of conduct |
· This concept does exist in the country's juridical system (SRO No. 39 of 1993). See also S. 27 (2) (c) and (d) in connection with S. 26 (1) (e), (3), (4), and (6) of the Constitution, and SO 68 of the Standing Orders of the Senate.
· Penalties foreseen for violation of the code or rules of conduct:
- Warning
- Reprimand
- Order to withdraw
- Suspension
- Loss of mandate (S. 27 (2) (c) and (d) in connection with S. 26 (1) (e), (3), (4), and (6) of the Constitution; incompatibilities)
· Competent body to judge such cases/to impose penalties:
- Warning, order to withdraw: the Senate on account of a resolution
- Reprimand:
- Suspension:
- Loss of mandate: the High Court
· Procedure:
- Warning
- Reprimand
- Order to withdraw
- Suspension
- Loss of mandate |
| Relations between MPs and pressure group |
· There are no legal provisions in this field. |
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