CHAPTER 02:05
NATIONAL ASSEMBLY (POWERS AND PRIVILEGES)

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Immunity from legal proceedings

 

   4.   Freedom from arrest

 

   5.   Exercise of process

 

   6.   Entry to Assembly

 

   7.   Regulation of admission to Assembly

 

   8.   Order of withdrawal from Assembly

 

   9.   Power to order attendance of witnesses

 

   10.   Attendance to be notified by summons

 

   11.   Power to issue warrant to compel attendance

 

   12.   Witnesses may be examined on oath

 

   13.   Objection to answer question or produce papers

 

   14.   Privileges of witnesses

 

   15.   Evidence of proceedings in Assembly or committee not to be given without leave

 

   16.   Determination of questions relating to evidence and production of documents before the Assembly or committee

 

   17.   Proceedings to be deemed judicial proceedings for certain purposes

 

   18.   Offences relating to admittance to the Assembly

 

   19.   Other offences

 

   20.   Acceptance of bribes by Members

 

   21.   Penalty for false answers

 

   22.   Journals printed by the Government Printer to be admitted as evidence

 

   23.   Penalty for printing false copy of law, journal, etc.

 

   24.   Protection of persons responsible for publications authorized by the Assembly

 

   25.   Publication of proceedings without malice

 

   26.   Exclusion of jurisdiction of courts

 

   27.   Powers of officers

 

   28.   Power of arrest

 

   29.   Speaker may order words out of order not to be published

 

   30.   Authority for prosecutions

 

   31.   Rules

 

 

Proc. 24, 1961,
HMC Order 1, 1963,
L.N. 84, 1966,
Act 8, 1980,
Act 14, 2005,
S.I. 38, 2007,
S.I. 61, 2007.

An Act to provide for the powers and privileges of the National Assembly.

[Date of Commencement: 21st April, 1961]

 

1.   Short title

   This Act may be cited as the National Assembly (Powers and Privileges) Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "Assembly" means the National Assembly;

   "Clerk" means the Clerk of the National Assembly;

   "committee" means any standing, sessional, select or other committee of the Assembly;

   "journals" means the minutes of the Assembly or the official record of the votes and proceedings thereof;

   "Member" means any Member of the Assembly;

   "officer of the Assembly" means the Clerk, the Sergeant-at-Arms or any other officer or person acting within the precincts of the Assembly, other than when serving a summons under the provisions of section 10(3) under the orders of the Speaker and includes any member of the Botswana Police Force on duty within the precincts of the Assembly;

   "precincts of the Assembly" means the chamber and offices of the Assembly and any galleries and places provided for the use or accommodation of strangers, members of the public and representatives of the press, and includes, while the Assembly is sitting, and subject to any exceptions made by direction of the Speaker, the entire building in which the chamber of the Assembly is situated, and any forecourt, yard, garden, enclosure or open space adjoining or appertaining to such building and used or provided for the purposes of the Assembly;

   "Speaker" means the Speaker of the National Assembly and includes any other Member of the Assembly presiding for the time being in the Assembly;

   "Standing Orders" means the Standing Orders of the Assembly for the time being in force;

   "stranger" means any person other than a Member or an officer of the Assembly.

 

3.   Immunity from legal proceedings

   No civil or criminal proceedings may be instituted against any Member for words spoken before, or written in a report to, the Assembly or to a committee, or by reason of any matter or thing so brought by him by petition, Bill, motion or otherwise.

 

4.   Freedom from arrest

   No Member shall be liable to arrest-

 

   (a)   for any civil debt whilst going to, attending at or returning from a meeting of the Assembly or any committee; or

 

   (b)   within the precincts of the Assembly while the Assembly or a committee is sitting, for any criminal offence without the consent of the Speaker.

 

5.   Exercise of process

   No process issued by any court in the exercise of its jurisdiction shall be served or executed within the precincts of the Assembly while the Assembly is sitting or through the Speaker, the Clerk or any officer of the Assembly.

 

6.   Entry to Assembly

   No stranger shall be entitled, as of right, to enter or to remain within the precincts of the Assembly.

 

7.   Regulation of admission to Assembly

   (1) The Speaker is hereby authorized to issue such orders as he may in his discretion deem necessary for the regulation of the admittance of strangers to the precincts of the Assembly.

   (2) Copies of orders made under this section sha

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