Privileges Immunities And Powers of Parliament Act (Chapter 2:08)

PRIVILEGES IMMUNITIES AND POWERS OF PARLIAMENT ACT

Acts 14/1971, 15/1981 (s. 66), 18/1989 (s. 3), 11/1991(s. 4), 22/2001 (s. 4).
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
PRIVILEGES, IMMUNITIES AND POWERS GENERALLY
3. Privileges, immunities and powers generally.
4. Privileges, immunities and powers to be judicially noticed.
PART III
FREEDOM OFSPEECH AND DEBATE OR PROCEEDINGS AND OTHER PRIVILEGESAND IMMUNITIES
5. Freedom of speech and debate.
6. Stay of proceedings in cases of privilege.
7. Exemption from attendance at court.
8. Exemption from liability for acts authorized by Parliament.
PART IV
ATTENDANCE BEFOREPARLIAMENTANDEVIDENCE BEFOREPARLIAMENTANDELSEWHERE
9. Attendance before Parliament and evidence.
10. Summonses.
11. Witness expenses.
12. Examination of witnesses.
13. Stay of proceedings in cases against witnesses.
14. Evidence of parliamentary proceedings, etc., not to be given elsewhere without leave.
15. Admissibility of journals as evidence.
PART V
CONTEMPTSWHICH ARE ALSO OFFENCES AT LAW
16. Jurisdiction of Parliament.
17. Member not to vote on matters in which he has a direct pecuniary interest.
18. Prohibition against fees, etc., for promoting or opposing proceedings in Parliament.
19. False evidence before Parliament.
20. Penalty for printing or tendering in evidence reports, etc., falsely purporting to be
printed under parliamentary authority.
21. Certain other contempts to be offences.
22. Prosecutions by Attorney-General.
PART VI
WARRANTS AND ARRESTS
23. Warrants for arrest and imprisonment.
24. Form of warrants.
25. Arrests without warrant.
26. Execution of warrants, etc.
27. Powers in relation to execution of warrants and orders.
PART VII
GENERAL
28. Protection in regard to parliamentary publications.
29. Protection in regard to publication of extracts from parliamentary publications.
30. Unqualified person sitting or voting.
31. Penalties and fines to be paid into Consolidated Revenue Fund.
32. Imprisonment for contempt, etc.
33. Control of accounts and appropriations of Parliament.
SCHEDULE: Other contempts which are offences.
AN ACT to make provision in connection with the privileges, immunities and powers of Parliament,
the members and office bearers of Parliament and persons employed in the service of Parliament or
in the publication of parliamentary papers; to penalize persons who sit or vote in Parliament knowing
or having reasonable grounds for knowing that they are not entitled to do so; and to provide for
matters incidental to or connected with the foregoing.
[Date of commencement: 7th May, 1971.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Privileges, Immunities and Powers of Parliament Act [Chapter 2:08].
2 Interpretation
(1) In this Act—
“Committee” means a standing, sessional, special or select committee of Parliament;
“journal” means votes and proceedings of Parliament;
“member” means a member of Parliament;
“officer of Parliament” means the Secretary or any other person appointed to the staff of Parliament in terms
of section 48 of the Constitution;
“Secretary” means the Secretary to Parliament or any person acting for the Secretary to Parliament;
“Speaker”—
(a) means the person elected in terms of section 39 of the Constitution to be the Speaker of Parliament;
and
(b) includes—
(i) the Deputy Speaker; or
(ii) any other member of Parliament when acting for the Speaker;
“Standing Orders”—
(a) means the Standing Orders made in terms of section 57 of the Constitution; and
(b) includes any rules relating to the conduct of business of any committee made in terms of the
Standing Orders.
(2) Any reference in this Act to a member of Parliament shall, unless the context otherwise requires, be construed
as including the Speaker.
PART II
PRIVILEGES, IMMUNITIES AND POWERS GENERALLY
3 Privileges, immunities and powers generally
Parliament and members and officers of Parliament shall hold, exercise and enjoy—
(a) the privileges, immunities and powers conferred upon Parliament, respectively, by this Act or any other
law; and
(b) all such other privileges, immunities and powers, not inconsistent with the privileges, immunities and
powers referred to in paragraph (a), as were applicable in the case of the House of Commons of the Parliament
of the United Kingdom, its members and officers, respectively, on the 18th April 1980.
4 Privileges, immunities and powers to be judicially noticed
The privileges, immunities and powers of Parliament and members and officers of Parliament shall be part of
the general and public law and it shall not be necessary to plead them but they shall be judicially noticed in all
courts.