CHAPTER 2:04
NATIONAL ASSEMBLY (POWERS AND PRIVILEGES)

ARRANGEMENT OF SECTIONS

   SECTION

PART I
SHORT TITLE AND INTERPRETATION

   1.   Short title

   2.   Interpretation

PART II
PRIVILEGES AND IMMUNITIES

   3.   Immunity from legal proceedings

   4.   Freedom from arrest

   5.   Exercise of civil process

   6.   Entry to Assembly

   7.   Regulation of admission to Assembly

   8.   Order of withdrawal from Assembly

PART III
EVIDENCE

   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 to produce papers

   14.   Privileges of witnesses

   15.   Evidence of proceedings in Assembly or committee not to be given without leave

   16.   Questions relating to evidence and production of documents before the Assembly or committee to be determined in accordance with usage of United Kingdom Parliament

PART IV
OFFENCES AND PENALTIES

   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

PART V
MISCELLANEOUS SECTION

   21.   United Kingdom Commons Journals to be prima facie evidence in inquiries touching privilege

   22.   Journals printed by the Government Printer to be admitted as evidence

   23.   Penalty for printing false copy of Act, journal, etc.

   24.   Protection of persons responsible for publications authorized by the Assembly

   25.   Publication of proceedings without malice

   26.   Exercise of jurisdiction by courts

   27.   Powers of officers

   28.   Power of arrest

   29.   Speaker may order words out of order not to be published

   30.   Sanction for prosecutions

   31.   Rules

4 of 1957
G.N. 22/1963
16/1964(M)
137/1966
166/1967

An Act to declare and define certain Powers, Privileges and Immunities of the National Assembly and of the Members of such Assembly, to secure Freedom of Speech in the National Assembly, to regulate Admittance to the Precincts of the National Assembly, to give Protection to the Persons employed in the Publication of the Reports and other Papers of the National Assembly and for purposes incidental to or connected with the matters aforesaid

[13TH FEBRUARY 1957]

PART I
SHORT TITLE AND INTERPRETATION

1.   Short title

   This Act may be cited as the National Assembly (Powers and Privileges) Act.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “Assembly” means National Assembly of Malawi;

   “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 or any other officer or person acting within the precincts of the Assembly, other than when serving a summons under section 10 (3), under the orders of the Speaker, and includes any police officer on duty within the precincts of the Assembly;

   “police officer” has the same meaning as in the Police Act;

   “precincts of the Assembly” means the chamber and offices of the Assembly and the 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 Assembly and includes any other member when such other member is presiding at a meeting of 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.

PART II
PRIVILEGES AND IMMUNITIES

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.

4.   Freedom from arrest

   No member shall be liable to arrest—

   (a)   for any civil debt whilst going to, attending at or returning from a sitting of the Assembly or any committee;

   (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.

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