Powers and Privileges of Parliament

There is a Powers and Privileges Committee as required by Section 12 of the Powers and Privileges Act

Composition:

The Committee consists of the number of Assembly Members that the Speaker may determine with the concurrence of the Rules Committee, subject to the provisions of Rule 154

Meetings of the Committee must be held in closed session when the Committee considers a matter affecting a specific Member or Members and the Committee regards that matter to be confidential, unless the Committee decides to open a meeting in the public interest

Functions:

The Committee must consider any matter referred to it by the Speaker relating to contempt of Parliament or misconduct by a Member or a request to have a response recorded in terms of Section 25 of the Powers and Privileges Act, except a breach of the Code of Conduct contained in the Schedule to the Joint Rules

Upon receipt of a matter relating to contempt of Parliament or misconduct by a Member, the Committee must deal with the matter in accordance with the procedure contained in the Schedule to the Rules of the National Assembly

The Committee must table a report in the Assembly on its findings and recommendations in respect of any alleged contempt of Parliament, as defined in Section 13 of the Powers and Privileges Act, or misconduct

If it is found that a Member is guilty of contempt or misconduct, the Committee must recommend an appropriate penalty from those contained in Section 12(5) of the Powers and Privileges Act

The Assembly may impose the recommended penalty, an alternative penalty contained in Section 12(5) of the Powers and Privileges Act, or no penalty. (

The Committee may on its own initiative or upon request by the Speaker conduct research and comment on matters relating to the powers, privileges and immunities of Parliament.

After receiving the request to have a response recorded referred to in Subrule (1), the Committee must without delay inform the Member or witness concerned that a request to have a response recorded has been received, and thereafter consider the request in accordance with criteria that the Committee has approved

In considering the request, the Committee may invite verbal or written submissions by the Member, witness or any other person concerned

After considering the request to have a response recorded, the Committee must publish the response in the ATC, refer it back to the person for amendments, or not publish the response

Decisions: A question before the Committee is decided when a quorum in terms of Rule 162(2) is present and there is agreement among the majority of the Members present.