| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
National Council |
| Related chamber (for bicameral parliaments) |
National Assembly
|
| NATURE |
| Nature of the mandate |
· Free representation
|
| Start of the mandate |
· When the MPs take the oath
· Procedure (Art. 71 of the Constitution of 21.03.1990 and Schedule 3 thereto, Art. 6 of the Standing Orders of the National Council, Annex to the Standing Orders of the National Council)
|
| Validation of mandates |
No |
| End of the mandate |
· On the day when the legal term of the House ends (Art. 70 (1) of the Constitution) (the National Council cannot be dissolved)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will
· Procedure: letter addressed to the Secretary
· Authority competent to accept the resignation: the resignation need not be accepted
|
| Can MPs lose their mandate ? |
Yes |
Loss of mandate by judicial decision: sentence of imprisonment of more than 12 months without the option of a fine
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Chairperson
2. The Vice-Chairperson
3. The Whip - Ruling Party
4. The Whip - Opposition
|
| Indemnities, facilities and services |
· Official passport
· Basic salary: NAD 146,168 per year
· No exemption from tax
· Pension scheme
· Other facilities:
(a) Official housing:
- Housing Allowance: NAD 72,000 per year
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 74 (5) 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.
· No derogations are foreseen.
· 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 the 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 an informal training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by political parties.
· 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 and committee meetings.
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 44 to 49 of the Standing Orders of the National Council.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 44 of the Standing Orders of the National Council)
- Order to withdraw (SO 45 of the Standing Orders of the National Council)
- Suspension (SO 46 to 48 of the Standing Orders of the National Council)
- Adjournment of the House, suspension of the sitting (SO 49 of the Standing Orders of the National Council)
· Competent body to judge such cases/to impose penalties:
- Warning for irrelevance, order to withdraw: the presiding Member
- Suspension: the National Council, on recommendation of the Select Committee on Standing Orders and Internal Arrangements
- Adjournment of the House, suspension of the sitting: the Chairperson
· Procedure:
- Warning for irrelevance (SO 44 of the Standing Orders of the National Council)
- Order to withdraw (SO 45 of the Standing Orders of the National Council)
- Suspension (SO 46 to 48 of the Standing Orders of the National Council)
- Adjournment of the House, suspension of the sitting (SO 49 of the Standing Orders of the National Council)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 74 (4) 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: different sanctions (S. 12 (b) (i), (c), and (d) of the Powers, Privileges and Immunities Act, conduct of a Member)
· Competent body to judge such cases/to impose penalties: the National Council, on recommendation of the Committee of Privileges
· Procedure (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.
|
