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 authorised 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 Speaker may order words out of order not to be published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]
This Act may be cited as the National Assembly (Powers and Privileges) Act.
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.
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.
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.
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