CHAPTER 12
NATIONAL ASSEMBLY (POWERS AND PRIVILEGES) ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
PRIVILEGES AND IMMUNITIES OF THE ASSEMBLY AND ITS OFFICERS

   3.   Freedom of speech and debate

   4.   Immunity from legal proceedings

   5.   Freedom from arrest

   5A.   Arrest for criminal offence

   6.   Exemption from certain services

   6A.   Certificate of exemption to attend court

   7.   Power to exclude strangers

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

   9.   Civil process not to be served nor members arrested on civil process within precincts of the Assembly Chamber

   9A.   Power of Assembly to inquire into offences

PART III
EVIDENCE

   10.   Power to order attendance of witness

   11.   Attendance to be notified by summons

   11A.   Failure to attend before Assembly or committee

   12.   Witnesses may be examined on oath

   13.   Objection to answer question or produce papers

   14.   Privileges of witnesses

   15.   Certificate issued to witnesses making full disclosure to be a bar to civil or criminal proceedings

   16.   False evidence

   17.   Interference with witnesses

   18.   False documents

   19.   Contempt

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

PART IV
OFFENCES AND PENALTIES

   21.   Penalty where not otherwise provided

   22.   Corrupt or improper practices

   23.   Other offences against members and officers

   24.   Disobedience

   25.   Other offences

   26.   Officers of the Assembly to have powers of police officer

   27.   Sanction of Director of Public Prosecutions for prosecutions

   28.   Disciplinary powers of Assembly

   28A.   Manner of admonition or reprimand

   28B.   Establishment of Commitee on Privileges

   28C.   Procedure for dealing with an offence against Assembly

PART V
MISCELLANEOUS

   29.   (Repealed)

   30.   Admissibility of votes and proceedings printed by or under authority of Assembly

   31.   Protection of persons responsible for publications authorised by the Assembly

   32.   Publication of proceedings without malice

   33.   Powers to be supplementary to powers under the Constitution

   34.   Courts not to exercise jurisdiction in respect of acts of the Assembly, Speaker and officers

   35.   Absence of the Speaker, etc.

AN ACT

to declare and define certain powers, privileges and immunities of the National Assembly and of the members and officers 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 to provide for matters incidental to or connected with the foregoing.

[28th September, 1956]

Act 34 of 1956,

Act 4 of 1957,

Act 68 of 1957,

Act 6 of 1970,

Act 23 of 1976,

Act 13 of 1994,

Act 13 of 2016,

GN 421 of 1962,

GN 497 of 1964,

SI 174 of 1965.

PART I
PRELIMINARY

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 the National Assembly;

...

[“Authorised committee” rep by s 2(a) of Act 13 of 2016.]

“Clerk” means the Clerk of the Assembly and includes any person acting as such on the authority of the Speaker;

“committee” means a parliamentary committee established in accordance with Article 80 of the Constitution;

[Subs by s 2(b) of Act 13 of 2016.]

“meeting” means the period between the time when the Assembly first assembles after being summoned and the time at which it is adjourned sine die;

“member” means any member of the Assembly and includes the Speaker;

“officer” means the Clerk or any other officer or person acting within the precincts of the Assembly Chamber under the orders of the Speaker;

“precincts of the Assembly Chamber” means the chamber in which the Assembly sits in session for the transaction of business, together with the offices, rooms, lobbies, galleries, courtyards, gardens and other places provided for the use or accommodation of members, officers or strangers, and any passages connecting such places, and any other places immediately contiguous thereto as may from time to time be designated by the Speaker;

“Standing Orders” means the Standing Orders of the Assembly made in accordance with Article 77 of the Constitution;

[Subs by s 2(b) of Act 13 of 2016.]

“stranger” means any person other than a member or an officer;

“votes and proceedings” means the official daily record of the proceedings in the Assembly.

[S 2 am by Act 68 of 1957 ; S.I. 174 of 1965 ; 23 of 1976.]

PART II
PRIVILEGES AND IMMUNITIES OF THE ASSEMBLY AND ITS OFFICERS

[Am by s 3 of Act 13 of 2016.]

3. Freedom of speech and debate

There shall be freedom of speech and debate in the Assembly. Such freedom of speech and debate shall not be liable to be questioned in any court or place outside the Assembly.

4. 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 thereof or by reason of any matter or thing brought by him therein by petition, Bill, resolution, motion or otherwise.

5. Freedom from arrest

For the duration of a meeting members shall enjoy freedom from arrest for any civil debt except a debt the contraction of which constitutes a criminal offence.

5A. Arrest for criminal offence

Where a member is arrested for a criminal offence, the arresting officer shall inform the speaker of the arrest within 48 hours of the arrest.

[S 5A ins by s 4 of Act 13 of 2016.]

6. Exemption from certain services

   (1) No member or officer shall be required to serve as an assessor at any proceedings in any court or other place.

   (2) Save by the leave of the Assembly first obtained, no member or officer shall be required, while attending the Assembly, to attend as a witness in any civil proceedings in any court or in any proceedings before any commission appointed under the Inquiries Act, unless that court or commission holds its sittings at the seat of the Assembly.

6A. Certificate of exemption to attend court

   (1) Despite any other written law, where a member or officer is required while the Assembly is conducting its business to attend—

   (a)    as a witness before a court, tribunal or a commission established under the Inquiries Act, in any civil or criminal proceedings; or

   (b)    as a defendant in any civil proceedings,

the Speaker, First Deputy Speaker, Second Deputy Speaker or a person designated by the Speaker, shall issue a certificate exempting the member or officer the member or officer from attending the Courts, Tribunal or Commission and stating that the member or officer is, or would be, attending to the business of the Assembly on the dates and times indicated in the certificate.

   (2) A certificate issued under sub-section (1) is sufficient proof that the member or officer is attending to business of the Assembly.

[S 6A ins by s 5 of Act 13 of 2016.]

7. Power to exclude strangers

   (1) No stranger shall be entitled, as of right, to enter or remain within the precincts of the Assembly Chamber and the Speaker or any officer authorised in that behalf by the Speaker may at any time order any stranger to withdraw therefrom.

   (2) The Speaker may issue such orders as he may in his discretion deem necessary or desirable for the regulation of the admittance of strangers to, and the conduct of strangers within, the precincts of the Assembly Chamber.

   (3) The exhibition in a conspicuous position in the precincts of the Assembly Chamber of a copy, duly authenticated by the Clerk, of any orders made by the Speaker under this section shall be deemed to be sufficient notice to all persons affected thereby.

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

A member, officer or person employed to take or transcribe minutes of evidence before the Assembly or a committee shall not give evidence elsewhere about the contents of the minutes or the contents of a document laid before the Assembly or a committee, about any proceedings or examination held before the Assembly or a committee, without the special leave of the Speaker.

[S 8 subs by s 6 of Act 10 of 2016.]

9. Civil process not to be served nor members arrested on civil process within precincts of the Assembly Chamber

Notwithstanding anything to the contrary, no process issued by any court of Zambia or outside Zambia in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Assembly Chamber while the Assembly is sitting, or through the Speaker or any officer of the Assembly, nor shall any member be arrested on civil process, save by the leave of the Speaker first obtained, while he is within the precincts of the Assembly and while the Assembly is sitting.

9A. Power of Assembly to inquire into offences

Subject to the Constitution, the Assembly has the power and jurisdiction necessary to inquire into, an act or omission, matter or thing, amounting to contempt of Parliament contrary to section 19, or a contravention of the Standing Orders and rules of parliamentary practice and procedure.

[S 9A ins by s 7 of Act 13 of 2016.]

PART III
EVIDENCE

10. Power to order attendance of witness

Subject to the provisions of sections 13, 14 and 20, the Assembly or a committee may order a person to—

   (a)    attend before the Assembly or the committee and to give evidence or to produce a paper, book, record or document in the possession or under the control of that person; or

   (b)    appear before the Assembly or the committee to submit information or report on a matter under the consideration of the Assembly or the committee.

[S 10 subs by s 8 of Act 13 of 2016.]