| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
National Assembly |
| Related chamber (for bicameral parliaments) |
Senate
|
| NATURE |
| Nature of the mandate |
· Free representation |
| Start of the mandate |
· When the MPs take the oath (S. 44 of the Constitution of 1979, as amended up to and including 1993, Schedule 1 to the Constitution, SO 1 of the Standing Orders (Public Business)
|
| Validation of mandates |
· Validation by the High Court only in case of challenge by election petitions
· Procedure (S. 124 to 137 of the Electoral Act)
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (S. 41 (1) (b) in connection with S. 63 (7) of the Constitution; for early dissolution, see S. 63 (2) of the Constitution). For the Speaker, see also S. 40 (4) of the Constitution.
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (S. 41 (1) (c) of the Constitution)
· Procedure (S. 41 (1) (c) of the Constitution): notice in writing to the Speaker or to the Secretary to Parliament
· Authority competent to accept the resignation: the Speaker
|
| Can MPs lose their mandate ? |
Yes |
(a) Definitive exclusion from Parliament by the latter:
- Loss of mandate for absence (S. 41 (1) (d) of the Constitution)
- Conviction for certain offences (S. 41 (1) (m) and 43 of the Constitution)
(b) Loss of mandate by judicial decision:
- Sentence to death or imprisonment (S. 41 (1) (l) and 42 of the Constitution)
- Electoral offences (S. 41 (1) (p) of the Constitution, Electoral Act)
- Mental health/incapability of managing own affairs (S. 41 (1) (n) and (o) of the Constitution)
(c) Death (S. 41 (1) (a) of the Constitution)
(d) Resignation from membership of a political party (S. 41 (1) (e) of the Constitution)
(e) Loss of mandate for incompatibilities (S. 41 (1) (f) to (k) of the Constitution)
(f) Preventive detention (S. 41 (1) (q) of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· No diplomatic or official passport
· Basic salary (for the Speaker, see S. 45 of the Constitution)
· No exemption from tax
· Pension scheme (see also SO 157 of the Standing Orders (Public Business): pensionable service 15 years, pensionable age 55 years
· Other facilities:
(a) Assistants (see S. 48 of the Constitution)
(b) Telephone services
(c) Travel and transport
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (S. 49 of the Constitution, Privileges, Immunities and Powers of Parliament Act).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 72 of the Standing Orders (Public Business); 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 (S. 49 of the Constitution, Privileges, Im-munities and Powers of Parliament Act). |
| EXERCISE OF THE MANDATE |
| Training |
· There is no training/initiation process on parliamentary practices and procedures for MPs. |
| 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 19 of the Standing Orders (Public Business).
· Penalties foreseen in case of failure to fulfil this obligation (S. 41 (1) (d) of the Constitution): loss of mandate
· Body competent to judge such cases/to impose penalties: Parliament
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 69, and 71 to 79 of the Standing Orders (Public Business).
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 71 of the Standing Orders (Public Business))
- Call to order (SO 71 of the Standing Orders (Public Business))
- Order to discontinue the speech (SO 71 of the Standing Orders (Public Business))
- Order to withdraw (SO 73 of the Standing Orders (Public Business))
- Naming and suspension (SO 73 (2), and 74 to 76 of the Standing Orders (Public Business))
- Adjournment of Parliament, suspension of the sitting (SO 79 of the Standing Orders (Public Business))
· Specific cases:
- Offence or insult (SO 72 of the Standing Orders (Public Business)): call to order, order to present apologies, other disciplinary measures
- Contempt of Parliament in cases of disobedience to rules or orders of the House (SO 77 of the Standing Orders (Public Business)): committal, reprimand or admonition, suspension, expulsion (penal jurisdiction)
· Competent body to judge such cases/to impose penalties (SO 69 of the Standing Orders (Public Business)):
- Warning for irrelevance, call to order, order to discontinue the speech, order to withdraw, naming, adjournment of Parliament, suspension of the sitting, offence or insult: the Speaker
- Suspension, offence or insult, contempt of Parliament in cases of disobedience to rules or orders of the House: Parliament
· Procedure:
- Warning for irrelevance, call to order, order to discontinue the speech (SO 71 of the Standing Orders (Public Business))
- Order to withdraw (SO 73 of the Standing Orders (Public Business))
- Naming and suspension (SO 73 (2), and 74 to 76 of the Standing Orders (Public Business))
- Adjournment of Parliament, suspension of the sitting (SO 79 of the Standing Orders (Public Business))
- Offence or insult (SO 72 of the Standing Orders (Public Business))
- Contempt of Parliament in cases of disobedience to rules or orders of the House (SO 77 of the Standing Orders (Public Business))
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (S. 41 (1) (m), (q), and 43 of the Constitution, SO 78 of the Standing Orders (Public Business)).
· Penalties foreseen for violation of the rules of conduct:
- Suspension, with loss of remuneration, expulsion (S. 41 (1) (m) and 43 (1) of the Constitution, SO 78 of the Standing Orders (Public Business); conviction for certain offences)
- Loss of mandate (S. 41 (1) (q) of the Constitution; preventive detention)
· Competent body to judge such cases/to impose penalties:
- Suspension, with loss or remuneration, expulsion: Parliament
. Procedure:
- Suspension, with loss of remuneration, expulsion (S. 41 (1) (m) and 43 of the Constitution, SO 78 of the Standing Orders (Public Business); conviction for certain offences)
- Loss of mandate (S. 41 (1) (q) of the Constitution; preventive detention)
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
|
