| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
Senate |
| Related chamber (for bicameral parliaments) |
National Assembly
|
| NATURE |
| Nature of the mandate |
· Free representation
|
| Start of the mandate |
· When the senators take the oath (Art. 71 (1) of the Constitution of 1993, SO 2 (1) of the Standing Orders of the Senate)
· Procedure (Art. 71 and 155 (11) of the Constitution, SO 2 and 12 of the Standing Orders of the Senate)
|
| Validation of mandates |
· Validation by the High Court only in case of challenge (Art. 69 (1) (a) of the Constitution)
· Procedure (Art. 69 (1) (a), (2), (5), and (6), and Art. 77 of the Constitution)
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 60 (1) (c) and 83 (2) of the Constitution) (for early dissolution, see Art. 83 (1) and (4) of the Constitution). The mandate of the Principal Chiefs (ex-officio Members) continues even when Parliament is dissolved.
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 152 (1) of the Constitution)
· Procedure (Art. 152 of the Constitution)
· Authority competent to accept the resignation: the resignation does not need to be accepted
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate by judicial decision: decision of the High Court (Art. 69 (1) (c) of the Constitution): loss of eligibility (Art. 60 (1) (a), (b), and (f) in connection with Art. 58 (1) and 59 (1) and (4) of the Constitution). Procedure (Art. 60 (2) and 69 (1) (c), and (4) to (6) of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic or official passport
· Basic salary (for the President, see also Art. 115 and 164 of the Constitution)
+ Additional allowance
· Exemption from tax
· Pension scheme
· Other facilities:
(a) Secretariat:
(b) Assistants (see also Art. 65 of the Constitution):
(c) Official housing:
(d) Official car:
(e) Security guards
(f) Postal and telephone services
(g) Travel and transport
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 81 (3) of the Constitution, S. 3 of The Parliament (Powers and Privileges) Regulations).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: words which are not germane and reasonably appropriate to the proceedings in progress in the Senate, or which are spoken or written maliciously with the object of exposing another person to hatred, contempt or undue ridicule (S. 3 of The Parliament (Powers and Privileges) Regulations).
· 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 (Art. 81 (3) of the Constitution, S. 4 of The Parliament (Powers and Privileges) Regulations).
· It applies to criminal and civil proceedings, covers only criminal offences and civil debts and protects senators only from arrest and from being held in preventive custody. It does not protect them from the opening of judicial proceedings against them and from their homes being searched (but see S. 5 of The Parliament (Powers and Privileges) Regulations).
· No derogations are foreseen.
· Protection is provided only during sessions, and, for civil debts, also whilst going to, attending at or returning from a sitting of the Senate or a committee thereof. Since it does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against senators before their election.
· Parliamentary immunity (inviolability) can be lifted for criminal offences (S. 4 (b) of The Parliament (Powers and Privileges) Regulations):
- Competent authority: the President
· 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 |
|
| Participation in the work of the Parliament |
. For leave of absence, see SO 4 of the Standing Orders of the Senate
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 48 to 50 of the Standing Orders of the Senate.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 49 (1) of the Standing Orders of the Senate)
- Order to discontinue the speech (SO 49 (1) of the Standing Orders of the Senate)
- Order to withdraw (SO 49 (2), and 50 (4) of the Standing Orders of the Senate)
- Naming and suspension (SO 49 (4), and 50 of the Standing Orders of the Senate)
- Adjournment of the House, suspension of the sitting (SO 49 (3) of the Standing Orders of the Senate)
· Specific cases:
- Senators cannot be accused of offending or insulting Parliament.
· Competent body to judge such cases/to impose penalties (SO 48 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: the Senate
· Procedure:
- Warning for irrelevance, order to discontinue the speech (SO 49 (1) of the Standing Orders of the Senate)
- Order to withdraw (SO 49 (2), and 50 (4) of the Standing Orders of the Senate)
- Naming and suspension (SO 49 (4), and 50 of the Standing Orders of the Senate)
- Adjournment of the House, suspension of the sitting (SO 49 (3) of the Standing Orders of the Senate)
- General procedure (SO 48 of the Standing Orders of the Senate)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 60 (1) (f) in connection with Art. 59 (4), 69 (1) (c), and (4) to (6) of the Constitution, S. 20 of The Parliament (Powers and Privileges) Regulations).
· Penalties foreseen for violation of the rules of conduct:
- Loss of mandate (Art. 60 (1) (f) in connection with Art. 59 (4) of the Constitution; incompatibilities; see also Loss of mandate)
- Fine not exceeding four hundred rand, imprisonment not exceeding two years (S. 20 of The Parliament (Powers and Privileges) Regulations; acceptance of bribes)
· Competent body to judge such cases/to impose penalties:
- Loss of mandate: the High Court
· Procedure:
- Loss of mandate (69 (1) (c), and (4) to (6) of the Constitution). In this case, senators have no means of recourse.
- Fine not exceeding four hundred rand, imprisonment not exceeding two years (S. 20 of The Parliament (Powers and Privileges) Regulations).
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
|
