Government Gazette

REPUBLIC OF SOUTH AFRICA

Vol. 467 Cape Town 7 June 2004 No. 26435

THE PRESIDENCY
No. 699 7 June 2004
It is hereby notified that the President has assented to the following Act, which is
hereby published for general information:–

No. 4 of 2004: Powers, Privileges and Immunities of Parliaments and

Provincial Legislatures Act, 2004.

AIDS HELPLINE: 0800-123-22 Prevention is the cure

2 No. 26435 GOVERNMENT
GAZE'lTE? 7 JUNE 2004

Act No. 4,2004 POWERS.

PRIVILEGES AND " U N I T I E S OF
PARLIAMENT AND PROVINCIAL LEGISLATURES ACT, 2004

(English text signed by the President..)

(Assented to 31 May 2004.)

ACT
To define and declare certain powers, privileges and immunities of Parliament,
provinciallegislatures,members of theNationalAssembly,delegatestothe
-National Council of Provinces and members of provincial legislatures; and to
provide for incidental
. . .
matters.
. .

WHEREAS the Constitution of the Republic of South Africa, 1996, sets out certain
powers, privileges and immunities of Parliament and provincial legislatures and their
members;

AND WHEREAS sections 58(2), 71(2) and 117(2) of the Constitution provide that
other privileges and immunities of the respective legislatures and their members may be
prescribed by national legislation;

AND WHEREAS it is considered essential to provide for such further privileges and
immunities in orderto protect the authority, independence and dignity of the legislatures
and their members and to enable them to carry out their constitutional functions;

AND WHEREAS itis expedientto regulate certain other incidentalmatters relating to

the functioning of Parliament and provincial legislatures:

B E IT THEREFORE ENACTEDby the Parliament of the Republic of South Africa,

as follows:-

INDEX

Section

CHAPTER 3 5

DEFINITIONS

1. Definitions

CHAPTER 2

PRECINCTS OF PARLIAMENT

2. Description of precincts of Parliament 10

3. Controlover precincts of Parliament
4. Presence of security services in precincts of Parliament
5. Execution of process and arrest of persons within precincts of Parliament

CHAPTER 3

PRIVILEGES,
IMMUNITIES,
INDEPENDENCE
AND
PROTECTION 15
OF MEMBERSAND PARLIAMENT

6. Freedom of speech in joint sittings

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Act No. 4.2004 POWERS, PRTVILEGES AND IMMUNITIES OF

PARLIAMENT AND PROVINCIAL LEGISLATORES ACT. 2004

7. Prohibited acts in respect of Parliament and members

8. Improper influence of members
9. Attendance of members before court
10. Giving evidence of proceedings
11. Persons creating disturbance 5

CHAPTER 4

DISCIPLINARY ACTION AGAINST MEMBERS FOR

CONTEMPT OF PARLLAMENT

12. Disciplinary action against members for contempt

13. Conduct constituting contempt 10

CHAPTER 5

WITNESSES

14. Summonsing of witnesses

15. Examination of witnesses
16. Privilege of witnesses 15
17. Offences relating to witnesses

CHAPTER 6

PUBLICATIONS AND BROADCASTING

18. Protection in respect of publications

19. Unauthorised publishing 20
20. Admissibility of journals as evidence
21. Broadcasting of proceedings

CHAPTER 7

GENERAL

22. Liability for acts done under authority of Parliament 25

23. Civil proceedings against Parliament
24. Duty of criminal courts in respect of members
25. Protection of members of public
26. Hindering or obstructing staff members
27. Offences 30

CHAPTER 8

PROVINCUL LEGISLATURES

28. Application of Act to provincial legislatures

29. Civil proceedings against provincial legislatures
30. Duty of criminal courts in respect of members of provincial legislatures 35

CHAPTER 9

REPEAL OF LEGISLATION AND SHORT TITLE

31. Repeal of laws

32. Short title

SCHEDULE 40

LAWS REPEALED (section 31)

6 No. 26435 GOVERNMENT GAZETTE, 7 JUNE! 2004

Act No. 4,2004 POWERS, PRIVILEGES AND IMMUNITIES OF

PARLIAMENT AND PROVINCIAL LEGISLATURES ACT, 2004

CHAPTER 1

DEFINITIONS

Definitions

1. In this Act, unless the context indicates otherwise-

“Chairperson” means the Chairperson of the National Council of Provinces or, 5
when applicable, the office-bearer acting as Chairperson of the Council;
“committee” means $committee or subcommittee consisting of members and
established in terms of the standing‘rules or legislation, including a joint
committee;
“disturbance” means any act which interferes with or disrupts or which is likely 10
to interfere with or disrupt the proceedingsof Parliament or a House or committee;
“House” means the National Assembly or the National Council of Provinces, as
the case requires;
“joint committee” means a committee consisting of members of both Houses of
Parliament; 15
‘joint rules” means the rules referred to in section 45 of the Constitution;
“journals” means any recording of the proceedings of Parliament or a House or
committee, including minutes, transcripts and tape recordings;
“member”, in relation to-
(a) the National Assembly, means a member of the Assembly, and includes a 20
Minister or Deputy Minister who is not such a member;
( b ) the National Council of Provinces, means-
(i) a permanent delegate to the Council; or
(ii) a special delegate to the Council, while acting as a special delegate,
and includes the Deputy President, a Minister and a Deputy Minister; 25
“Parliament” means the National Assembly and the National Council of
Provinces;
“precincts”, means the precincts of Parliament referred to in section 2 ;
“provincial legislature” means a provincial legislature referred to in section 104
of the Constitution; 30
“Secretary” means the Secretary to Parliament;
“security services” means the security services referred to in section 199 of the
Constitution;
“Speaker” means the Speaker of the National Assembly or, when applicable, the
office-bearer acting as Speaker; 35
“staff member” means the Secretary or any other person employed or contracted
by Parliament, whether in a permanent or temporary capacity;
“standing rules” means the rules made by the National Assembly or the National
Council of Provinces under section 57 or 70 of the Constitution, as well as the joint
rules; 40
“the Constitution” means the Constitution of the Republic of South Africa, 1996.

CHAPTER 2

PRECINCTS OF PARLIAMENT

Description of precincts of Parliament

2. (1) The precincts of Parliament is the area of land and every building or part of a 45
building under Parliament’s control, including-
( a ) the chambers in which the proceedings of the Houses are conducted and the
galleries and lobbies of the chambers;
( b ) every part of the buildings in which the chambers are situated, and every
forecourt, yard, garden, enclosure or open space appurtenant thereto; 50
(c) committee rooms and other meeting places provided or used primarily for
Parliament’s purposes; and
(dj every other building or part of a building provided or used in connection with
the proceedings of Parliament, while so used.
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Act No. 4,2004 POWERS, PRIVILEGES AND IMMUNITIES OF

PARLIAMENT AND PROVINCIAL LEGISLATURES ACT, 2004

(2) In so far as it may be necessary for the achievement of the objects of this Act in
a case where a House or committee convenes beyond the seat of Parliament, this Act
applies as if the premises where the House or committee is sitting were within the
precincts of Parliament.

Control over precincts of Parliament 5

3. TheSpeaker and the Chairperson, subject to this Act, the standing rules and
resolutions of the Houses, exercise joint control and authority over the precincts on
behalf of Parliament. 4

Presence of security services in precincts of Parliament

4. (1) Members of the security services may- 10

(a) enter upon, or remain in, the precincts for the purpose of performing any
policing function; or
( b ) perform any policing function in the precincts,
only with the permission and under the authority of the Speaker or the Chairperson.
(2) When there is immediate danger to the life os safety of any person or damage to 15
any property, members of the security services may without obtaining such permission
enter upon and take action in the precincts in so far as it is necessary to avert that danger.
Any such action must as soon as possible be reported to theSpeakerandthe
Chairperson.

Execution of process and arrestof persons within precincts of Parliament 20

5. A person may not within the precincts-

(a) execute or serve or tender for service any summons, subpoenaor other process
issued by a court; or
(b) except as authorised by section 4 os 11, arrest another person,
without the express permission of, or in accordance with the directives of, the Speaker 25
or the Chairperson or a person authorised by the Speaker os the Chairperson.

CHAPTER 3

PRIVILEGES7 IMMUNITIES7INDEPENDENCE AND

PROTECTION OF MEMBERS AND PARLIAMENT

Freedom of speech in joint sittings 30

6. The President and members have the same privileges and immunities in a joint
sitting of the National Assembly and the National Council of Provinces as they have
before the Assembly or the Council.'

1. In terms of the Constitution, the following persons have freedom of speech in the respective Houses
and committees:
(a) National Assembly and its committees: Cabinet members, Deputy Ministers and members of the
.4ssembly (section 58( 1)).
(b) National Council of Provinces and its committees: Cabinet members, Deputy Ministers, delegates
to the Council, officials in the national executive or a provincial executive referred to in section
66(2) of the Constitution, and the local government representatives referred to in section 67 of the
Constitution (section 71(1)).
(c) Joint committees: Cabinet members, members of the National Assembly and delegates to the
National Council of Provinces (section 45(2)).

Sections 58(1) and 71(1) of the Constitution provide that the persons who have freedom of speech
in the respective Houses and committees in terms of those sections are not liable to civil or criminal
proceedings, arrest, imprisonment or damages for-
(i) anything that they have said in, produced before or submitted to the relevant House or any of its
committees: or
(ii) anythmg revealed as a result of anything that they have said in, produced before or submitted to
the House or any of its committees.
10 GOVERNMENT
No. 26435 GAZETTE, 7 JUNE 2004

Act No. 4, 2004 POWERS, PRIVILEGES AND IMMUNITIES OF

PARLIAMENT AND PROVINCIAL LEGISLATURES ACT,2004

Prohibited acts in respect of Parliament and members

7. A person may not-

( a ) improperly‘ interfere with or impedetheexercise or performance by
Parliament or a House or committee of its authority or functions;
(b) improperly interfere with the performance by a member of his or her functions 5
as a member;
( c ) threaten or obstruct a member proceeding to or going from a meeting of
Parliament or a House or committee;
(d) assault or threatega member, or deprive a member of any benefit, on account
of the member’s conduct in Parliament or House
a or committee;10
( e ) while Parliament or a House or committee is meeting, create or take part in
any disturbance within the precincts; or
(fl fail or refuse to comply with an instruction by a duly authorised staff member
regarding-
(i) the presence of persons at a particular meeting in the precincts; or 15
(ii) the possession of any article, including a firearm, in the precincts or any
part thereof.

Improper influence of members

8. (1) A person may not by fraud, intimidation, force, insult or threat of any kind, or
by the offer or promise of any inducement or benefit of any kind, or by any other 20
improper means-
( a ) influence a member in theperformance of the member’s functions as a
member;
( b ) induce a member to be absent from Parliament or a House or committee; or
(c) attempt to compel a member to declare himself or herself in favour of or 25
against anything pending before or proposed or expected to be submitted to
Parliament or a House orcommittee.
(2) A member may not ask for, receive or accept any fee, compensation,gift, reward,
favour or benefit, for the member or another person, for or in respect of-
( a ) voting in a particular manner, or not voting, on any matter before a House or 30
committee;
(6) promoting or opposing anything pending before or proposed or expected to be
submitted to a House or committee; or
(c) making a representation to a House or committee.

Attendance ofcourt
members before 35

9. (1)When a memberis required to attend a court as a witness in any civil or criminal

proceedings, or as a defendant in any civil proceedings, the Speakeror the Chairperson
or a person designated by the Speakeror Chairperson may issue acertificate stating that
the member is required to attend to business in Parliament.
(2) Such a certificate is sufficient proof that the member isin attendance on 40
Parliament, and the member shall be absolved from attending the court pending
completion of that business.

Giving evidence of proceedings

10. (1) No member or staff member may give evidence in any court or place outside
Parliament regarding the contents of the journals or the evidence given before, or any 45
document submitted to, Parliament or a House or committee, without first having
obtained the leave of the Houses or the House concerned.
(2) During a recess or adjournment of a House the Speaker or the Chairperson or a
person designated by the Speaker or Chairperson may give such leave.
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Act No. 4,2004 POWERS, PRIVILEGESAND IMMUNITIES OF

PARLIAMENT AND PROVINCIAL LEGISLATIRES ACT, 2004

Persons creating disturbance

11. A person who creates or takes part in any disturbaye in the precincts while
Parliament or a House or committee is meeting, may be arrested and removed from the
precincts, on the order of the Speaker or the Chairperson or a person designated by the
Speaker or Chairperson, by a staff member or a member of the security services. 5

CHAPTER 4

DISCIPLIN4RY ACTION AGAINST MEMBERS FOR

CONTEMPT OF‘PARLIAMENT

Disciplinary action against members for contempt

12. (1) Subject to this Act, a House has all the powers which are necessary for 10
enquiring into and pronouncing upon any act or matter declared by or under section 13
to be contempt of Parliament by a member, and taking the disciplinary action provided
therefore.
(2) A Housemust appoint a standing committeeto deal with all enquiries referred to
in subsection (1). 15
(3) Before a House may take any disciplinary action against a member in terms of
subsection (l), the standing committee must-
(a) enquire into the matter in accordance with a procedure that is reasonable and
procedurally fair; and
(b) table a report on its findings and recommendations in the House. 20
(4) The factthat the standing committee isenquiring into a matter or that a House has
taken disciplinary action against a member does not preclude criminal investigation or
proceedings against the member in connection with the matter concerned.
( 5 ) When a House finds a member guilty of contempt, the House may, in addition to
any other penalty to which the member may be liable under this Act or any other law, 25
impose any one or more of the following penalties:
(a) A formal warning;
(b) areprimand;
(c) an order to apologise to Parliament or the House or any person, in a manner
determined by the House; 30
(d) the withholding, for a specified period, of the member’s right to the use or
enjoyment of any specified facility provided to members by Parliament;
( e ) the removal, or the suspension for a specified period, of the member from any
parliamentary position occupied by the member;
(f) a fine not exceeding the equivalent of one month’s salary and allowances 35
payable to the member concerned by virtue of the Remuneration of Public
Office Bearers Act, 1998 (Act No. 20 of 1998);
(g) the suspension of the member, with or without remuneration, for a period not
exceeding 30 days, whether or not the House or any of its committees is
scheduled to meet during that period. 40
(6) When aHouse finds amember guilty of contempt, the House may, where
appropriate, instead of or in additionto the imposition of a penalty under subsection (5),
refer the matter to the National Director of Public Prosecutions.
(7) A fine payable under subsection (5)(f)may be recovered-
(a) by deducting instalments from the members’ salary, as specified by the House 45
in imposing the fine; or
(b) if not so recovered, by means of civil action in a competent court.
(8) All fines under subsection (5)(f) which are paid or recovered must be paid into
Parliament’s bank account.
(9) A member may not be suspended under subsection (5)(g) unless the House has 50
found that-
(a) the member is guilty of a serious or repeated contempt; and
(b) none of the other penalties set out in subsection ( 5 ) will be sufficient.
14 No. 26435 G O V E m h T GAZElTE, 7 JUNE 2004

Act No. 4,2004 POWERS, PRIVILEGES ANDS- OF

PARLIAMENT AND PROVINCIAL LEGISLATURES ACT, 2004

(10) A member who has been suspended under subsection (S)(g) must leave the
precincts, and may not, during theperiod of suspension, without the written permission
of the Speaker or the Chairperson-.
(a) enter the precincts for whatever purpose; or
( 6 ) participate in any activity of Parliament or any committee. 5
(11) Despite the Remuneration of Public Office Bearers Act, 1998, a member who has
been suspended without remuneration under subsection (S)(,p) is not entitled to any
salary or allowances under that Act for the period of suspension.
(12) Except as provided in the Constitution, a House doemsnot have the power to
terminate a member’s membership of the House. 10
(13) This section does not affect the power of a person presiding at a meeting of a
House or a committee,or a joint meeting of the Houses, to maintain order and discipline
in the meeting.

Conduct constituting contempt

13. member
A is guilty of contempt of Parliament if the member- 1s
contravenes section 7, 8, 10, 19, 21(1) or 26;
commits an act mentioned in section. 17(l)(a), (b)or (c) or (2)(a), (b),(c), (d)
or ( e ) ;
wilfully fails or refuses to obey any rule, order or resolution of a House or the
Houses; or 20
commits an act which in terms of the standing rules constitutes-
(i) contempt of Parliament; or
(ii) a breach or abuse of parliamentary privilege.

CHAPTER 5

WITNESSES 2s

Summonsing of witnesses

14. (1) A joint committeemay-

(a) summons any person to appear before it to giveevidence on oath or
affirmation, or to produce documents; or
( b ) require any person or institution to report to it. 30
(2) A summons in terms of subsection (l), or section 56(a) or 69(a) of the
Constitution, to appear before a House or committee to give evidence or to produce
documents2 must be issued by the Secretary on the instructions of-
(a) the Speaker or the Chairperson; or
(b) the chairperson of thecommittee concerned, actingin accordance with a 35
resolution of the committee and with the concurrence of the Speaker or the
Chairperson.
(3) The summons must state-
(a) the name of the person summonsed;
( b ) the name or designation of the person who must servethesummons; 40
(c) the time, place and venue at which the person summonsedis required to
appear;
(d) the subject of the enquiry;
( e ) the purpose for which the evidence of that person is required; and
(f) a description of the document, if any, which that person is required to produce. 45
(4) The summons must be served by the sheriff, or by a person designated by the
Secretary, by delivering a copy of the summons-
( a ) to the person mentioned in the summons; or
(b) at that person’s usual or last known place of residence or of employment or
. business, to aperson apparently over the age of 18 years and apparently 50
residing or employed there.

2. In terms of sections 56(a) and 69(a)of the Constitution, the respective Housesof Parliament or any of
theircommittees may summonsanypersontoappearbeforethem to giveevidenceon oath or
affirmation or to produce documents.
16 No. 26435 GOVERNMENT GAZETIE, 7 JUNE 2004

Act No. 4, 2004 POWERS, PRIVILEGES AND “ U N I T E S OF

PARLIAMENT AND PROVINCIAL LEGISLATURES ACT, 2004

(5) A return by the person who served the summons that service thereof has been
effected in accordance with subsection (4) is prima facie proof of the service.
(6) Apersonsummonsed in terms of this section or requested by aHouse or
committee to attend a meeting of the House or committee,’is entitled to be paid an
amount for his or her expenses, as approved by the Speaker or Chairperson in 5
accordance with the standing rules.

Examination of witnesses

15. When a House or co_mmittee requires that anything be verified or otherwise

ascertained by the oral exahnation of a withess, the person presiding at the enquiry
may- 10
( a ) call upon and administer an oath to, or accept an affirmation from, any person
present at the enquiry who u a s or could have been summonsed in terms of
section 14; and
(b) examine that person, or request the person to produce any document in the
person’s possession or custody or under his or her control which may have a 1.5
bearing on the subject of the e,nquiry,subject to any limitation provided for in
the standing rules with regard to the type of subject matter about which a
witness may be questioned or the type of document that a witness may be
requested to produce.

Privilege of witnesses 20

16. (1) Subjectto subsection (2), the law regarding privilege as applicable to a witness
summonsed to give evidence or to produce a document before the High Court of South
Africa applies to the examination of a person in terms of section 15.
(2) A person who is being examined under oath or a m a t i o n in terms of section 15
may be required to answer any question put to him or her in connection with the subject 25
of the enquiry,and to produce any document that he or she isrequested to produce under
that section, despite the factthat the answer or the document would incriminate him or
her or would tend to expose him or her to criminal or civil proceedings, or damages.
(3) Evidence given under oath or affirmation by a person before a House or committee
may not be used against that person in any court or place outside Parliament, except in 30
criminal proceedings where the person concerned stands trial on a charge of perjury or
a charge contemplated in section 17(1)(c)or (2)(d)or (e).

Offences relating to witnesses

17. (1) A person whe-

has been duly summonsed in terms of section 14 and whofails, without 35
sufficient cause-
(i) to attend at the time and place specified in the summons; or
(ii) to remain in attendance until excused from further attendance by the
person presiding at the enquiry;
when called upon under section 15(a), refuses to be sworn in or to make an 40
affirmation as a witness; or
fails, without sufficient cause--
(i) to answer fully and satisfactorily all questions lawfully put to him or her
under section 15(b);or
(ii) to produce any document in his or her possession or custody or under his 45
or her control which he or she has been required to produce under section
15(b),
commits an offence and is liable to a fine or to imprisonment for aperiod not exceeding
12 months or to both the fine and the imprisonment.
(2) A person w h o - SO
( a ) threatens or obstructs another person in respect of evidence to be given before
a House or committee;
( h ) inducesanother person-
 18 No. 26435 GOVERNMENT G A Z E m . 7 JUNE 2004

Act No. 4, 2004 POWERS, PRIVILEGES AND IMMUNITIES OF

PARLIAMENT AND PROVINCIAL LEGISLATURES ACT,2004

(i) to refrain from giving evidence to or producing a document before a

House or committee; or
(ii) to give false evidence before a House or committee;
assaults or penalises or threatens another person, or deprives that person of
any benefit, on account of the giving or proposed giving of evidence before a 5
House or committee;
with intent to deceive aHouseorcommittee,producestotheHouseor
committee any false, untrue, fabricated orfalsified document; or
whether or not during examination under section 15, wilfully furnishes a
House or committes with information, or makes a statement before it, which 10
is false or misleading.
",

commits an offence andis liable to a fine or to imprisonment for aperiod not exceeding
two years or to both the fine and imprisonment.
(3) Subject to section 13(6), subsections (1) and (2) do not apply to a member.

CH'QPTER 6 15

PUBLICATIONS AND BROADCASTING

Protection in respect of publications

18. (1) No person is liable to civil or criminal proceedings in respectof the publication
of anyreport, paperor minutes of Parliament or a House or committee by order or under
the
authority the of Houses, or the House committee
or concerned. 20
(2) No member orstaff member is liable to civil or criminal proceedingsin respect of
the publication to a member of a document that has been submitted to or is before
Parliament or a House or committee.

Unauthorised publishing

19. No
publish-wilfully
person may 25
(a) any document if the publication of that documentis prohibited by or in terms
of the standing rules or an order or aresolution of a House;
(b) any document purporting that it has been published under the authority of
Parliament, a House, a committee, the Speaker or the Chairperson, while has
it
notauthority;
or
been
such
published
under 30
(c) anydocumentpurportingthat it is a verbatim account of proceedings of
Parliament or a House or committee, whileit is not such an account.

Admissibility of journals as evidence

20. In any proceedings before a court orany other tribunal in which the proceedings
of Parliament or a House are relevant, a copy of the journals printed or purporting to 35
have been printed by order of the Houses or the House concerned or the Speaker or
Chairperson, is admissible as evidence of the journals without any proof being given
that the copy was so printed.

Broadcasting of proceedings

21. (1) No person may broadcast or televise or otherwise transmit by electronic means 40
the proceedings of Parliamentor of aHouseor committee, orany partof those
proceedings,except by orderorunderthe authorityofthe HousesortheHouse
concerned, and in accordance with the conditions, if any, determined by the Speaker or
Chairperson in terms of the standing rules.
(2) No person is liable to civil or criminal proceedings in respect of the broadcasting, 45
televisingorelectronic transmission of proceedings of ParliamentoraHouseor
committee if it has been authorised under subsection (1) and complieswiththe
conditions, if any, determined under that subsection.
 20 No. 26435 GOVERNMENT GAZETE, 7 IUNE 2004

Act No. 4,2004 POWERS, PRIVILEGES AND IMMUNITIES OF

PARLIAMENT AND PROVINCIAL LEGISLATURES ACT. 2004

CHAPTER 7

GENERAL

Liability for acts done under authority of Parliament

22. No person is liable in damages or otherwise for any act done in good faith in terms
of this Act, or under the authority of a House or committee and within the legal powers 5
of the House or committee, or under any order or summons issued by virtue of those
powers. c’

Civil proceedings against Parliament

23. (1)In any civil proceedings against Parliament or a House or committee, the State
Liability Act, 1957(Act No. 20 of 1957), applies, withthe necessary changes. 10
(2) For the purposes of subsection (1 1, where appropriate, a reference in the State
Liability Act, 1957, to the Minister of a department must, where the proceedings are
against-
( a ) Parliament or a House, be construed as a reference to the Speaker or the
Chairperson, or to both the Speaker and the Chairperson, as the case requires; 15
( b ) a committee, be construed as a reference to the chairperson of the committee.

Duty of criminal courts in respect of members

24. When a member of the National Assembly or a permanent delegate to the National
Council of Provinces has been convicted of an offence and sentenced to more than 12
months’ imprisonment without the option of a fine- 20
( a ) the registrar or clerk of the court sentencing that person must in writing inform
the Speaker or the Chairperson, as the case requires, of the nature of the
offence and the sentence imposed; and
(6) if an appeal is noted against the conviction or sentence, the registrar or clerk
of the court hearing the appeal must in writing inform the Speaker or the 25
Chairperson, as the case requires, of the noting of the appeal and of the
outcome thereof.

Protection of members of public

25. (1) A person, otherthan a member, who feels aggrieved by a statement or remark
made by a member or a witness in or before a House or committee about that person, 30
may submit a written request to the Secretary to have a response recorded.
(2) The committee referred to in section 12(2) must, subject to the standing rules,
consider therequestand, if approved, publish the response of the person inthe
appropriate parliamentary paper.

members
Hindering
staff
or obstructing 35

26. A person may not hinder or obstruct a staff member in the execution of the staff
member’s duties or while thestaff member is proceeding to or going from Parliament or
a House or committee in the course of or in connection with his or her duties.

Offences

27. (1) A person, including a member, who contravenes section 7 or 8( 1) commits an 40

offence and is liable to a fine or to imprisonment for a period not exceeding three years
or to both the fine and the imprisonment.
(2) A person, including a member, who contravenes section 19, 21(1) or 26 commits
an offence and is liable to a fine or to imprisonment for aperiod not exceeding 12 months
to or both the fine and the imprisonment. 45
(3) A member who contravenes section8(2) commits an offence and is liable to a fine
or to imprisonment for a period not exceeding 15 years or to both the fine and the
imprisonment.
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Act No. 4,2004 PRIVILEiGES AND IMMUNITIES OF

POWERS,
PARLIAMENT AND PROKhTIAL LEGISLATURES ACT, 2004

CHAPTER 8

PROVINCIAL LEGISLATURES

Application of Act to provincial legislatures

28. (1) Sections 2 , 4 , 5 , 7 , 8 , 9 , 1 0 , l l . 12, 13, 18, 19,20,21,22,25,26,and 27 apply,

with the necessary changes, to provincial legislatures as well. 5
(2) In such application, a reference in those sections t+-
( a ) Parliament or a Hguse, must be construed as a reference to the provincial
legislature concemed;
(bj a committee, mustbe construed as a reference to a committee of the provincial
legislature; 10
(c) the Speaker or the Chairperson, mustbe construed as a reference to the
Speaker of the provincial legislature;
(d) a member, must be construed--
(i) as a reference to a member of the provincial legislature; and
(ii) except in sections 12 and 13, as including a permanent delegate of the 15
province to the National Council of Provinces;
( e ) the Secretary, must be construed as a reference to theSecretary of the
provincial legislature;
(f) standing rules, must be constsued as a reference to the rules made by the
provincial legislature in terms of section 116 of the Constitution. 20

Civil proceedings against provincial legislatures

29. (1) In anycivil proceedings against a provincial legislature or any of its

committees, the State Liability Act, 19.57 (Act No. 20 of 1957), applies, with the
necessary changes.
(2) For the purposes of subsection (I), where appropriate, a reference in the State 25
Liability Act, 1957, to the Minister of a department must, where the proceedings are
against-
( ( I ) a provincial legislature, be construed as a reference to the Speaker of the
legislature;
( b ) a committee of a provincial legislature, be construed as a reference to the 30
chairperson of the committee.

Duty of criminal courts in respect of members of provincial legislatures

30. When a member of a provincial legislature has been convicted of an offence and
sentenced to more than 12 months' imprisonment without the option of a fine-
(a) the registrar or clerk of the court sentencing that person must in writing inform 35
the Speaker of the provincial legislature of the nature of the offence and the
sentence imposed; and
(6) if an appeal is noted against the conviction or sentence, the registrar or clerk
of the court hearing the appeal must in writing inform the Speakerconcemed
of the noting of the appeal and of the outcome thereof. 40

CHAPTER 9

REPEAL OF LEGISLATION AND SHORT TITLE

Repeal of laws

31. The laws mentioned in the Schedule are repealed to the extent specified in the
third column. 45

Short title

32. This Act is called the Powers, Privileges and Immunities of Parliament and
Provincial Legislatures Act, 2003.
24 No. 26435 GOVERNMENT GAZETIE, 7 TUNE 2004

Act No. 4,2004 POWERS, PRIVILEGES AND " U N I T E S OF

PARLIAMENT AND PROVINCIAL LEGISLATURES ACT, 2004

SCHEDULE

LAWS REPEALED

(section 31)

No. and year of law Short title Extent of repeal 5

Act No. 91 of 1963 Powers and Privileges of The whole, except sections31
Parliament Act, 1963 and 39
Act No. 62 of 1967 Powers and Privileges of The whole
Parliament Amendment Act, 10
1967
Act No. 33 of 1974 Parliamentary Service Act, Sections 13,14,15,16,17 and
1974 18
Act No. 95 of 1984 Powers and Privileges of The whole 1s
Parliament Amendment Act,
1984
Act No. 99 of 1985 Powers and Privileges of The whole
Parliament and the
Constitution Amendment Act, 20
1985
Act No. 98 of 1992 Powers and Privileges of The whole
Parliament Amendment Act,
1992