| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
National Assembly |
| Related chamber (for bicameral parliaments) |
National Council
|
| NATURE |
| Nature of the mandate |
· Free representation (Art. 45 of the Constitution of 21.03.1990)
|
| Start of the mandate |
· When the MPs take the oath. Procedure (Art. 55 of the Constitution and Schedule 3 thereto, SO 9 (2) of the Standing Orders of the National Assembly, Annex to the Standing Orders of the National Assembly)
|
| Validation of mandates |
· Validation by the High Court only in case of challenge
· Procedure (Art. 109 to 120 of the Electoral Act)
|
| End of the mandate |
· On the day when the legal term of the House ends (see Art. 50 of the Constitution). In case of early dissolution, the mandate extends until the day immediately preceding the first polling day for the election (Art. 58 (a) of the Constitution) (for early dissolution, see also Art. 32 (3) (a) and 57 of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 48 (1) (c) of the Constitution, SO 7 (1) (c) of the Standing Orders of the National Assembly)
· Procedure (Art. 48 (1) (c) of the Constitution, SO 7 (1) (c) of the Standing Orders of the National Assembly): communication in writing to the party and to the Speaker
|
| Can MPs lose their mandate? |
Yes |
(a) Loss of party membership, including recall (Art. 48 (1) (b) of the Constitution, SO 7 (1) (a) of the Standing Orders of the National Assembly)
(b) Definitive exclusion from Parliament by the latter (Art. 48 (1) (d) of the Constitution)
(c) Loss of eligibility (Art. 48 (1) (a) in connection with Art. 47 of the Constitution)
(d) Loss of mandate for absence for ten consecutive sitting days of Parliament without special leave (Art. 48 (1) (e) of the Constitution, SO 7 (1) (b) of the Standing Orders of the National Assembly)
(e) Death (SO 7 (1) (d) of the Standing Orders of the National Assembly)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Speaker
2. The Leaders of opposition parties
3. The other MPs
· Outside Parliament: the official order of precedence ranks the Speaker of the National Assembly in the 3rd position.
|
| Indemnities, facilities and services |
· Official passport. Diplomatic passport for the Speaker and the Deputy Speaker.
· Basic salary: NAD 146,554 per year
+ Committee Sitting Allowance: NAD 20 per hour
· No exemption from tax
· Pension scheme
· Other facilities:
(a) Assistants (see also Art. 52 of the Constitution): funding to political parties for secretariat services at Parliament
(b) Official housing:
- Housing Allowance: NAD 6,000 per month
(c) Travel and transport:
- Travel Allowance: NAD 3 per kilometre
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 60 (3) of the Constitution, S. 2 of the Powers, Privileges and Immunities of Parliament Act, see also S. 5 of the Powers, Privileges and Immunities of Parliament Act).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (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 not exist. For the prohibition to issue or execute a service of process within the precincts of Parliament, and for the obligation to inform the Speaker about an arrest or sentence to imprisonment, see S. 3 of the Powers, Privileges and Immunities of Parliament Act.
· MPs are prevented from being called as witnesses before a judge or tribunal (S. 4 of the Powers, Privileges and Immunities of Parliament Act).
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by Parliament.
· There is no handbook of parliamentary procedure.
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings or committee meetings. For leave of absence, see SO 17 of the Standing Orders of the National Assembly.
· Penalties foreseen in case of failure to fulfil this obligation (Art. 48 (1) (e) of the Constitution, SO 7 (1) (b) of the Standing Orders of the National Assembly): loss of mandate
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 57 to 62 of the Standing Orders of the National Assembly.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 57 of the Standing Orders of the National Assembly)
- Order to withdraw (SO 58 and 60 of the Standing Orders of the National Assembly)
- Suspension (SO 59 to 61 of the Standing Orders of the National Assembly)
- Adjournment of the House, suspension of the sitting (SO 62 of the Standing Orders of the National Assembly)
· Specific cases:
- Offence or insult
· Competent body to judge such cases/to impose penalties:
- Warning for irrelevance, order to withdraw: the presiding Member
- Suspension: the National Assembly, on recommendation of the Select Committee on Standing Orders and Internal Arrangements
- Adjournment of the House, suspension of the sitting: the Speaker
- Offence or insult: the Speaker, the Committee on Privileges on the suggestion of the Speaker
· Procedure:
- Warning for irrelevance (SO 57 of the Standing Orders of the National Assembly)
- Order to withdraw (SO 58 and 60 of the Standing Orders of the National Assembly)
- Suspension (SO 59 to 61 of the Standing Orders of the National Assembly)
- Adjournment of the House, suspension of the sitting (SO 62 of the Standing Orders of the National Assembly)
- Offence or insult
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 48 (1) (a) in connection with Art. 47 (1) (e), (f), and (2) (b), and Art. 60 (1) of the Constitution, S. 12 (b) (i), (c), and (d) of the Powers, Privileges and Immunities Act).
· Penalties foreseen for violation of the rules of conduct:
- Loss of mandate (Art. 48 (1) (a) in connection with Art. 47 of the Constitution, incompatibilities)
- Other measures (S. 12 (b) (i), (c), and (d) of the Powers, Privileges and Immunities Act, conduct of a Member)
· Procedure:
- Loss of mandate (Art. 48 (1) (a) in connection with Art. 47 of the Constitution, incompatibilities).
- Other measures (S. 12 (b) (i), (c), and (d) of the Powers, Privileges and Immunities Act, conduct of a Member).
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
|
Compare data for parliamentary chambers in the Mandate module
