North West
South Africa
South Africa
North West Provincial Legislature's Powers, Privileges and Immunities Act, 1994
Act 5 of 1994
- Published in North West Provincial Gazette 27 on 19 August 1994
- Assented to on 18 August 1994
- Commenced on 19 August 1994
- [This is the version of this document from 19 August 1994 and includes any amendments published up to 14 November 2023.]
1. Definitions
In this Act, unless the context otherwise indicates -"committee" means any committee consisting of members of the Provincial Legislature and appointed for or in connection with the business and proceedings of the Provincial Legislature;"Constitution" means the Constitution of the Republic of South Africa, 1993 (Act 200 of 1993);"journals" means the minutes of proceedings of the Provincial Legislature;"member" means a member of the Provincial Legislature and includes a member of the Executive Council;"officer of the Provincial Legislature" means the Secretary to the Provincial Legislature, and any other person who may be appointed to the staff of the Provincial legislature;"Provincial Legislature" means the Provincial Legislature mentioned in section 125 of the Constitution;"Secretary" means the Secretary to the Provincial legislature or the person acting as such on the authority of the Speaker;"Speaker" means the person elected in terms of section 131(1) of the Constitution to be the Speaker or Deputy Speaker of the Provincial Legislature;"standing orders" means the rules and orders made by the Provincial Legislature in connection with the conduct of its business and proceedings under section 137(1) of the Constitution.2. Freedom of speech and debate
3. Power to regulate internal affairs
The Provincial Legislature shall have full power to control, regulate and dispose of its internal affairs.4. Powers and jurisdiction of Provincial Legislature
For the purposes of this Act the Provincial legislature shall, subject to the provisions of this Act, possess such powers and jurisdiction as may be necessary for enquiring into, judging and pronouncing upon the commission of any act, matter or thing herein declared to be a contravention of this Act, and imposing and carrying into execution the punishment provided therefor by this Act.5. Rights and privileges of Provincial Legislature sitting as court
The Provincial Legislature sitting as a court shall, subject to the provisions of this Act, have all such rights and privileges of a court of law as may be necessary for the purpose of summarily enquiring into and punishing any act, matter or thing herein declared to be a contravention of this Act.6. Speaker or committee may act on behalf of Provincial Legislature
7. Stay of proceedings in connection with matter of privilege
At any stage of any civil or criminal proceedings instituted for or on account of or in respect of any matter of privilege, upon production to the court or judge by the defendant or accused, of a certificate by the Speaker stating that the matter in question is one which concerns the privilege of the Provincial Legislature, that court or judge shall immediately stay such proceedings, which shall thereupon be deemed to be finally determined.8. Members and officers exempted from certain obligations
9. Members not liable to proceedings
Notwithstanding the provisions of this or any other Act, no member shall be liable to any civil or criminal proceedings, arrest, imprisonment or damages by reason of anything which he or she has said, produced or submitted in or before or to the Provincial Legislature or any committee thereof or by reason of anything which may have been revealed as a result of what he or she has said, produced or submitted in or before or to the Provincial Legislature or any committee thereof.10. Persons not liable for acts done under authority of Provincial Legislature
No person shall be liable in damages or otherwise for any act done under the authority of the Provincial Legislature and within its legal powers, or under any warrant issued by virtue of those powers.11. Provincial Legislature empowered to punish for contempt
12. Member not to vote upon any matter in which he has direct pecuniary interest
13. Issue of warrant for arrest and imprisonment
For the purposes of any punishment for any of the contempts of the Provincial Legislature mentioned in this Act the Speaker may issue a warrant under his hand for the arrest and imprisonment of any person sentenced to imprisonment or who fails to pay a fine or undergo a punishment to which he has been sentenced.14. Form of warrant
15. Arrest without warrant
Any person creating or joining in any disturbance in the Provincial Legislature during its actual sitting may be arrested without warrant on the verbal order of the Speaker, and may be kept in the custody of an officer of the Provincial Legislature designated by the Speaker until a warrant can be issued for his imprisonment.16. Execution of warrants and verbal orders
Every sheriff and his deputies and their officers and all police officers, constables and other persons shall assist in the arrest and detention of any person in pursuance of any such verbal order as is referred to in section 15 and shall aid and assist in the execution of any warrant issued in terms of section 13 or 30 and where any such warrant directs that the person mentioned therein shall be imprisoned in any gaol or other place, the person in charge thereof shall on production to him of such warrant receive such person into his custody in the said gaol or other place and there imprison him according to the tenor of the warrant.17. Breaking open of doors and searching of premises in execution of warrants
Any person charged with or assisting in the execution of any warrant under the hand of the Speaker may, in day time, break open any door or search any premises in which the person for whose arrest such warrant was issued may be or may reasonably be suspected of being concealed.18. Order to attend before Provincial Legislature or committee
19. Summonsing of witnesses
20. Examination of witnesses
21. Refusal to answer questions or to produce documents
If any person ordered to attend or to produce any paper, book, record or document before the Provincial Legislature or any committee, refuses to answer any question that may be put to him or to produce any such paper, book, record or document, on the ground that it is of a private nature and does not affect the subject of enquiry, the Speaker or the chairman of such committee, as the case may be, may report such a refusal with the reasons therefor, and the Provincial Legislature may thereupon excuse such person from answering that question or producing that paper, book, record or document, or order that he be required to answer that question or produce that paper, book, record or document.22. False answers to questions
Any person who, after being duly cautioned as to his liability to punishment under this section, whether or not he has been sworn or has made a solemn affirmation, wilfully and corruptly gives before the Provincial Legislature or any committee a false answer to any question which is material to the subject of enquiry and which may be put to him in the course of any examination, shall be guilty of an offence and liable on conviction by any court of competent jurisdiction to the penalties prescribed by law for perjury.23. Stay of proceedings for anything said by witness or anything done by witness and disclosed by his evidence
24. Giving of evidence elsewhere of proceedings before Provincial Legislature or committee
25. Certain persons prohibited from receiving compensation for promotion of or opposition to proceedings in Provincial Legislature
26. Admissibility as evidence or journals
Upon any enquiry relating to or affecting the powers, privileges and immunities of the Provincial Legislature or of any member, any copy of the journals printed or purporting to have been printed by order of the Provincial Legislature or the Speaker, shall be admitted as evidence of such journals in all courts and places in the Republic without any proof being given that such copy was so printed.27. Penalty for printing or tendering in evidence matter falsely purporting to have been printed under authority of Provincial Legislature
Any person who prints or causes to be printed as purporting to have been printed by the Government Printer or the Printer of the Provincial Legislature or by order or under the authority of the Provincial Legislature, any committee or the Speaker, a copy of any law in force or a copy of any report, paper, minutes or minutes of proceedings of Parliament or any committee that have not been so printed, or who tenders in evidence any such copy as purporting to have been so printed, knowing that it was not so printed, shall be guilty of an offence and liable upon conviction by a court of competent jurisdiction to imprisonment for a period not exceeding three years.28. Potection as regards publications of Provincial Legislature
A defendant or an accused in civil or criminal proceedings instituted for or on account or in respect of the publication by him or his servant, by order or under the authority of the Provincial legislature, any committee or the Speaker, of any report, paper, minutes or minutes of proceedings, may, on giving to the plaintiff or the prosecutor, as the case may be, twenty four hours' written notice of his intention to do so, bring before the court in which such civil or criminal proceedings are being held, a certificate under the hand of the Speaker or the Deputy Speaker stating that the report, paper, minutes or minutes of proceedings in respect of which such proceedings have been instituted, were published by such person or his servant by order or under the authority of the Provincial Legislature, any committee or the Speaker, together with an affidavit verifying such certificate, and such court shall thereupon immediately stay such civil or criminal proceedings, which, together with every process issued therein, shall thereupon be deemed to be finally determined.29. Protection as regard publishing of extracts from publications of the Provincial Legislature
If in any civil or criminal proceedings instituted for publishing any extract from or abstract of any report, paper, minutes or minutes of proceedings referred to in section 28, the court is satisfied that such extract or abstract was published bona fide and without malice, judgement shall be entered for the defendant or accused.30. Imprisonment for contravention of Act
31. Prosecution before courts of law for contravention of Act and recovery of penalties
32. Application of Act in case of committee meeting beyond seat or during recess of Provincial Legislature
In so far as may be necessary for the achievement of the objects of this Act in the case of a committee which in terms of any authority conferred upon it performs its functions beyond the seat of the Provincial legislature or while the Provincial legislature is prorogued, the provisions of this Act shall apply as if the premises in which the committee meets for the performance of its functions were within the precincts of the Provincial legislature, or as if the Provincial legislature were in session, as the case may be.33. Removal of Secretary from office
The Secretary shall be removed from office only in accordance with a resolution adapted by the Provincial legislature.34. Extent of privileges and powers of Provincial Legislature, members and officers
Save as is otherwise expressly provided by this Act, the Provincial Legislature, a member and an officer of the Provincial Legislature, respectively, shall have all such powers, privileges and immunities as at the time of the promulgation of the constitution were applicable in the case of the House of Assembly referred to in the Republic of South Africa Constitution, 1961 (Act 32 of 1961), and any member or officer thereof, and also such privileges, immunities and powers as are from time to time conferred by any law of Parliament or the Provincial Legislature.35. Privileges and powers to be part of law
The privileges, immunities and powers of the Provincial Legislature, a member and an officer of the Provincial Legislature, respectively, shall be part of the law of the Republic, and it shall not be necessary to plead them, but they shall be judicially noticed in all the courts of the Republic.36. Short title
This Act shall be called the North West Provincial Legislature's Powers, Privileges and Immunities Act, 1994.History of this document
19 August 1994 this version
18 August 1994
Assented to