| Parliament name |
National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
· Free representation
|
| Start of the mandate |
· When the results are declared or, for appointed Members, at the moment of their appointment
|
| Validation of mandates |
· Validation by the High Court only in case of challenge (election petition or other petition; Art. 72 (1) of the Constitution of 30.08.1991, as amended on 28.05.1996)
· Procedure (Art. 72 of the Constitution, S. 19 to 32 of the Electoral Act)
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| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 71 (1) of the Constitution; for dissolution or early dissolution, see Art. 88 (6) of the Constitution; for recall of Parliament, see Art. 88 (9) of the Constitution). For nominated Members, the mandate may end earlier, namely on termination of the appointment by the President (Art. 74 of the Constitution).
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| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 137 (1) of the Constitution)
· Procedure (Art. 137 of the Constitution)
· Authority competent to accept the resignation: the resignation need not be accepted.
|
| Can MPs lose their mandate ? |
Yes |
(a) Revocation before expiry of mandate by a political party: see (b)
(b) Definitive exclusion from Parliament by the latter: change of party membership (Art. 71 (2) (c) of the Constitution)
(c) Loss of mandate by judicial decision: sentence by a court to death or to imprisonment for a term exceeding six months (Art. 71 (2) (e) and (3) of the Constitution)
(d) Loss of citizenship (Art. 71 (2) (a) of the Constitution)
(e) Action contrary to the Code of Conduct (Art. 71 (2) (b) of the Constitution, S. 3 (1) of the Parliamentary and Ministerial Code of Conduct Act; see Code of conduct)
(f) Assumption of the office of President (Art. 71 (2) (d) of the Constitution)
(g) Arising of circumstances that, if he were not a Member of the Assembly, would cause the MP to be disqualified for election (Art. 71 (2) (f) and (3) of the Constitution)
(h) In some cases of restriction of freedom of movement (Art. 71 (2) (g) of the Constitution)
(i) Loss of mandate in case of invalidation of election (Art. 72 of the Constitution; see Validation of mandates)
(j) General procedure (Art. 85 of the Constitution)
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| STATUS OF MEMBERS |
| Rank in hierarchy |
· Within Parliament:
1. The Speaker
2. The Leader of the House
3. The Deputy Speaker
4. The Deputy Chairman of Committees
5. The other Members of Parliament
|
| Indemnities, facilities and services |
· Diplomatic or official passport
· Basic salary: ZMK 188,086.80 per month
+ Subsistence allowance: ZMK 45,000 per day
+ Attendance allowance: ZMK 45,000 per day
· No exemption from tax
· Pension scheme
· Other facilities:
(a) Secretarial services (see Art. 73 of the Constitution)
+ Secretarial allowance: ZMK 1,200,000 per annum
(b) Postal services
+ Postal allowance: ZMK 600,000 per annum
(c) Travel and transport
+ Transport allowance: ZMK 10,000 per day
+ Transport allowance from constituencies: ZMK 350 per kilometre
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| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 87 (1) of the Constitution, S. 4 of the National Assembly (Powers and Privileges) Act; see also S. 34 of the National Assembly (Powers and Privileges) Act).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 66 and 67 of the Standing Orders), contempt of Parliament in cases of disobedience to rules or orders of the House (customary law, see also Part IV of the National Assembly (Powers and Privileges) Act) (for both, 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 exist (Art. 87 (1) of the Constitution, S. 5 and 9 of the National Assembly (Powers and Privileges) Act).
· It applies to civil proceedings, covers all offences with the exception of minor offences like traffic offences but protects MPs only from arrest and from being held in preventive custody. Prosecution for an offence under the National Assembly (Powers and Privileges) Act shall only be instituted by the Director of Public Prosecutions upon information given to him in writing by the Speaker (S. 27 of the National Assembly (Powers and Privileges) Act).
· Derogations: flagrante delicto
· Parliamentary inviolability does, under certain circumstances, prevent MPs from being called as witnesses before a judge or tribunal, unless leave is given by the Assembly or the Speaker (S. 6 (2) and 8 of the National Assembly (Powers and Privileges) Act).
· Protection is provided during sessions only. Since parliamentary inviolability does not cover judicial proceedings in general, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (S. 9 of the National Assembly (Powers and Privileges) Act:
- Competent authority: the Speaker
- Procedure (S. 9 of the National Assembly (Powers and Privileges) Act).
· 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.
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| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of seminars and workshops.
· It is provided by Parliament. Eminent parliamentarians especially from Commonwealth Parliaments are invited through the Commonwealth Parliamentary Association.
· Handbooks of parliamentary procedure:
- Standing Orders
- Member's Handbook
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| Participation in the work of the Parliament |
· Penalties foreseen in case of failure to fulfil this obligation (SO 142 of the Standing Orders):
- Reprimand
- Suspension
- Order to appear
· Body competent to judge such cases/to apply the penalties:
- Reprimand: the Speaker
- Suspension: the National Assembly
- Order to appear: the Speaker, the Chief Whip
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| Discipline |
· The rules governing discipline within Parliament are contained in SO 65 to 69 of the Standing Orders, S. 28 of the National Assembly (Powers and Privileges) Act, and in customary law.
· Disciplinary measures foreseen:
- Direction to discontinue the speech (SO 65 of the Standing Orders)
- Order to withdraw (SO 66 of the Standing Orders)
- Naming and suspension (SO 66 and 67 of the Standing Orders)
· Specific cases:
- Offence or insult (SO 66 and 67 of the Standing Orders): order to withdraw, naming and suspension
- Contempt of Parliament in cases of disobedience to rules or orders of the House (customary law, but see also Part IV of the National Assembly (Powers and Privileges) Act): committal, reprimand or admonition, suspension (without salary and allowances), expulsion (penal jurisdiction)
· Competent body to judge such cases/to apply penalties:
- Direction to discontinue the speech, order to withdraw, naming, offence or insult: the Speaker, the Chairman of Committees
- Suspension, offence or insult: the National Assembly
- Contempt of Parliament in cases of disobedience to rules or orders of the House: the National Assembly by reference to the Standing Orders Committee; the Speaker on direction of the National Assembly
· Procedure:
- Direction to discontinue the speech (SO 65 of the Standing Orders)
- Order to withdraw, naming and suspension, offence or insult (SO 66 and 67 of the Standing Orders)
- Contempt of Parliament in cases of disobedience to rules or orders of the House (customary law, S. 28 of the National Assembly (Powers and Privileges) Act)
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| Code (rules) of conduct |
· This concept does exist in the country's juridical system (Parliamentary and Ministerial Code of Conduct Act). There are also other customary or written provisions (Art. 71 (2) (b) of the Constitution, S. 3 (1), and 13 to 15 of the Parliamentary and Ministerial Code of Conduct Act, Part IV of the National Assembly (Powers and Privileges) Act).
· Penalties foreseen for violation of the rules and code of conduct:
- Administrative actions, criminal prosecution or other further actions; loss of mandate (Art. 71 (2) (b) of the Constitution, S. 3 (1) and 14 (8) of the Parliamentary and Ministerial Code of Conduct Act; code of conduct)
- Penal jurisdiction: committal, reprimand or admonition, suspension from the House (without salary and allowances), expulsion from the House (customary law, but see also Part IV of the National Assembly (Powers and Privileges) Act; contempt of Parliament in cases of misconduct of Members)
· Competent body to judge such cases/to impose penalties:
- Administrative actions, criminal prosecution or other further actions; loss of mandate: a Tribunal appointed by the Chief Justice
- Penal jurisdiction: the National Assembly by reference to the Standing Orders Committee; the Speaker on direction of the National Assembly
· Procedure:
- Administrative actions, criminal prosecution or other further actions; loss of mandate (S. 3 (1), and 13 to 15 of the Parliamentary and Ministerial Code of Conduct Act). In this case, MPs have means of recourse.
- Penal jurisdiction (customary law, S. 28 of the National Assembly (Powers and Privileges) Act). |
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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