ATC150729 First Report of the Rules Committee of the National Assembly, 2015

Rules of the National Assembly

FIRST REPORT OF THE RULES COMMITTEE OF THE NATIONAL        ASSEMBLY, 2015

The Rules Committee of the National Assembly met on 24 June 2015 and 28 July 2015 to consider interim arrangements covering disruptions during proceedings of the National Assembly.

The Speaker, as Chairperson of the Rules Committee of the National Assembly, presents the First Report of the Rules Committee of the National Assembly, dated 28 July 2015, as follows:

A.         Rule amendments

The Rules Committee of the National Assembly, having considered proposals for the amendment of the Rules of the National Assembly, recommends the following amendments to the Rules:

(a)        Section 1 (Definitions) to be amended by the insertion of a new definition:

            1.         Definitions

                        “Parliamentary Protection Services” means any person authorised by                                        Parliament to perform security and protection services within the precincts of                                   Parliament, and includes all parliamentary staff members employed,                                                 appointed, assigned, delegated or contracted    by Parliament to perform security                           and protection functions within the precincts of Parliament.

(b)        New Rule 53A to be inserted, as follows:

            53A.     Removal of member from Chamber

            (1)        If a member refuses to leave the Chamber when ordered to do so by the presiding                                  officer in terms of Rule 51, the presiding officer must instruct the Serjeant-at-                              Arms to remove the member from the Chamber and the precincts of Parliament                                 forthwith.

            (2)        If the Serjeant-at-Arms is unable in person to effect the removal of the member,                          the presiding officer may call upon the Parliamentary Protection Services to assist                in removing the member from the Chamber and the precincts of Parliament.

            (3)        A member who is removed from the Chamber in terms of subrule (2), is thereby                           immediately automatically suspended for the period applicable as                                                     provided for in Rule 54, and may not enter the precincts for the duration of the                                   suspension.

            (4)        If a member resists attempts to be removed from the Chamber in terms of subrules                     (1) or (2), the Serjeant-at-Arms and the Parliamentary Protection Services                                             may use such force as may be reasonably necessary to overcome any resistance.

            (5)        No member may, in any manner whatsoever, physically intervene in, prevent,                               obstruct or hinder the removal of a member from the Chamber in terms of these                               Rules.

            (6)        Any member or members who contravene subrule (5) may, on the instruction of                           the presiding officer, also be summarily removed from the Chamber and the                                     precincts of Parliament forthwith. 

            (7)        If proceedings are suspended for the purposes of removing a member or members,                   all other members must remain seated or resume their seats, unless otherwise                              directed by the presiding officer.

            (8)        When entering the Chamber on the instruction of the presiding officer –

            (a)        Members of the Parliamentary Protection Services may not be armed; and

            (b)        Members of the security services may not be armed, except in                                       extraordinary circumstances in terms of security policy.

 

(9)        Members who have been removed from the Chamber will be escorted off the      precincts by Parliamentary Protection Services personnel and will not be allowed     to enter the House or precincts of Parliament as the Rules prescribe.

 

(10)       If a member(s) offers resistance to being removed from the precincts, members of         the security services may be called upon to assist with such removal.

 

(11)       In the event of violence, or a reasonable prospect of violence or serious disruption         ensuing in the Chamber as a result of a member(s) resisting removal, the presiding       officer may suspend proceedings, and members of the security services may be           called upon by the presiding officer to assist with the removal of members from the Chamber and the precincts of Parliament forthwith in terms of Section 4(1)     of the Powers, Privileges and Immunities of Parliament and Provincial    Legislatures Act No 4 of 2004, or may intervene directly anywhere in the             precincts in terms of section 4(2) of the Act when there is immediate danger to    the life or safety of any person or damage to any property.

 

(12)       Whenever a member is physically removed from the Chamber in terms of this      Rule, the circumstances of such removal must be referred by the Speaker, within     24 hours, to a multi-party committee for consideration.

 

(13)       The House may approve Standard Operating Procedures, recommended by the Rules Committee, for the exercise of this function, in particular in relation to the     use of the Parliamentary Protection Services and members of the security services for this purpose.

 

Standard Operating Procedures: Member refusing to leave Chamber

(1)        If a member refuses to leave the Chamber, the presiding officer asks the Serjeant-           at-Arms to remove the member from the Chamber.

 

(2)        The Serjeant-at-Arms approaches the member(s) to explain in a respectful manner           that the instruction of the presiding officer must be complied with and that failure    to do so can constitute a grave offence and have serious implications, including   that the member(s) may need to be physically removed from the Chamber.

 

(3)        If the member still refuses to leave, the Serjeant-at-Arms indicates to the             presiding officer that the member refuses to comply, whereupon the presiding      officer informs the House that the Parliamentary Protection Services are to be         called upon to assist.

 

(4)        The Parliamentary Protection Services personnelenter the Chamber upon the      instruction of the presiding officer, and proceed to remove the member(s)    concerned under the direction of the Serjeant-at-Arms.

 

            (5)        Members of the public in the gallery who participate in disorderly conduct will                              be removed by the security services.

 

Report to be considered.