Malawi
National Assembly (Powers and Privileges) Act
Chapter 2:04
- Commenced on 13 February 1957
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
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;[Cap. 13:01]“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—5. Exercise of process
No process issued by any court in the exercise of its jurisdiction shall be served or executed within the precincts of the Assembly while the Assembly is sitting or through the Speaker, the Clerk or any officer of the Assembly.6. Entry to Assembly
No stranger shall be entitled, as of right, to enter or to remain within the precincts of the Assembly.7. Regulation of admission to Assembly
8. Order of withdrawal from Assembly
The Speaker may at any time order any stranger to withdraw from the precincts of the Assembly.Part III – Evidence
9. Power to order attendance of witnesses
The Assembly or any committee may, subject to section 14 and section 16, order any person to attend before the Assembly or before such committee and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person.10. Attendance to be notified by summons
11. Power to issue warrant to compel attendance
12. Witnesses may be examined on oath
The Assembly or any committee empowered to order the attendance of witnesses may require that any facts, matters and things relating to the subject of inquiry before the Assembly or such committee be verified or otherwise ascertained by the oral examination of witnesses, and may cause any such witnesses to be examined upon oath, which the Clerk or the chairman of the committee or other person specially appointed for that purpose by the Assembly or by such committee is hereby authorized to administer.13. Objection to answer question or to produce papers
14. Privileges of witnesses
15. Evidence of proceedings in Council 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 Parliament
Where at any time any question arises in the Assembly or in a committee in regard to—Part IV – Offences and penalties
17. Proceedings to be deemed judicial proceedings for certain purposes
Any proceedings before the Assembly or a committee thereof at which any person gives evidence or produces any paper, book, record or document, shall be deemed to be judicial proceedings for the purposes of sections 105, 109,110 and 112 of the Penal Code.[Cap. 7:01]18. Offences relating to admittance to the Assembly
Any person who—19. Other offences
Any person who—20. Acceptance of bribes by members
Any member who accepts or agrees to accept or obtains or attempts to obtain for himself or for any other person any bribe, fee, compensation, reward or benefit of any kind for speaking, voting or acting as such member or for refraining from so speaking, voting or acting or on account of his having so spoken, voted or acted or having so refrained shall be liable on conviction before the High Court to a fine of £200 and to imprisonment for two years.Part V – Miscellaneous
21. Commons Journals to be prima facie evidence in inquiries touching privilege
Subject to this Act, a copy of the Journals of the Commons House of Parliament of the United Kingdom printed or purporting to be printed by the order or by the Printer of the Commons House aforesaid shall be received as prima facie evidence without proof of its being such copy upon any inquiry touching the privileges, immunities and powers of the Assembly or of any member thereof.22. Journals printed by the Government Printer to be admitted as evidence
Upon any inquiry touching the privileges, immunities and powers of the Assembly or of any member, any copy of the journals printed or purporting to be printed by the Government Printer shall be admitted as prima facie evidence of such journals in all courts and places without any proof being given that such copy was so printed.23. Penalty for printing false copy of Act, journal, etc.
Any person who shall print or cause to be printed a copy of any Act now or hereafter in force, or a copy of any report, paper, minutes or votes and proceedings of the Assembly as purporting to have been printed by the Government Printer or by order or under the authority of the Assembly or by order or under the authority of the Speaker, and the same is not so printed, or shall tender in evidence any such copy as purporting to be so printed knowing that the same was not so printed, shall be liable to a fine of £200 and to imprisonment for three years.24. Protection of persons responsible for publications authorized by the Assembly
Any person, being a defendant in any civil or criminal proceedings instituted for or on account or in respect of the publication by such person or by his servant, by order or under the authority of the Assembly, of any reports, papers, minutes, votes and proceedings, may, on giving to the plaintiff or prosecutor, as the case may be, twenty-four hours ’ written notice of his intention, bring before the court in which such civil or criminal proceedings are being held a certificate under the hand of the Speaker stating that the reports, papers, minutes, votes and proceedings in respect whereof such civil or criminal proceedings have been instituted were published by such person or by his servant by order or under the authority of the Assembly together with an affidavit verifying such certificate, and such court shall thereupon immediately stay such civil or criminal proceedings and the same and every process issued therein shall be deemed to be finally determined.25. Publication of proceedings without malice
In any civil proceedings instituted for publishing any report or summary of or any extract from or abstract of any report, paper, minutes, votes and proceedings of the Assembly, if the court is satisfied that such report, summary, extract or abstract was published in good faith and without malice, judgment shall be entered for the defendant.26. Exercise of jurisdiction by courts
Neither the Speaker, nor any officer of the Assembly, shall be subject to the jurisdiction of any court in respect of the exercise of any power conferred on or vested in the Speaker or such officer by or under this Act.27. Powers of officers
Every officer of the Assembly shall, for the purposes of this Act and of the application of the provisions of the criminal law, have all the powers and enjoy all the privileges of a police officer.28. Power of arrest
An Officer of the Assembly may arrest without warrant—29. Speaker may order words out of order not to be published
30. Sanction for prosecutions
No prosecution for an offence under this Act shall be instituted except with the written sanction of the Director of Public Prosecutions.31. Rules
The President may make Rules prescribing anything which, under this Act, may be or is to be prescribed.History of this document
31 December 2014 this version
Consolidation
13 February 1957
Commenced