T H E P A R L I A M E N T A R Y I M M U N I T I E S , P O W E R S AND P R I V I L E G E S A C T , 1988

ARRANGEMENT OF SECTIONS

Section Title

P A R T I

PRELIMINARY

1. Short tit le and c o m m e n c e m e n t . 2 . I n t e r p r e t a t i o n .

P A R T II PRIVILEGES AND IMMUNITIES OF THE ASSEMBLY AND ITS OFFICERS

3. F r e e d o m - o f speech and debate . 4. F r e e d o m of m e m b e r s to hold meet ings in const i tuencies. 5. Immuni ty from legal proceedings . 6. F r e e d o m from arrest for civil debts . 7. E n t r y t o A s s e m b l y . 8. Order of w i t h d r a w from Assembly . 9. Ev idence of proceedings in Assembly or Commi t t ee not to be.

10. M e m b e r s to be furnished wi th information. 11. Exerc ise of civil process . 12. Jurisdiction and procedure in relation to breaches, contempt, etc.

P A R T III

EVIDENCE

13. P o w e r to order a t tendance of witnesses . 14. At tendant to b e not if ied by S u m m o n s . 15. P o w e r to issue warrant to compel at tendance. 16. Wi tness may be examined on oath. 17. Objection, to answer quest ion or to produce papers. 18. Privileges of witnesses. 19. Evidence of proceedings in Assembly or committee not to be given

without leave. 20. Cert if icate i ssued to wi tnesses m a k i n g full d isc losure to b e a ba r

to civil or criminal proceedings. 2 1 . F a l s e ev idence . 22. Interference wi th wi tnesses . 2 3 . F a l s e d o c u m e n t s . 2 4 . C o n t e m p t . 25. Questions relating to evidence and production of documents before

the Assembly or a committee to be determined in accordance with usage of Parliament.

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2 No . 3 Parliamentary Immunities, Powers and Privileges 1988

P A R T IV

OFFENCES AND PENALTIES

26. Proceedings to be deemed judicial proceedings for certain purposes of Cap. 16.

27 . Offences relat ing to admit tance to Assembly . 2 8 . C o r r u p t o r i m p r o p e r p r a c t i c e s . 29. Other offences against member s and officers. 30. D i s o b e d i e n c e . 3 1 . O t h e r offences . 32. Accep t ance of br ibes by m e m b e r s . 33 . Protection of persons responsible for publications authorized by

the Assembly. 34. Publicat ion of proceedings without malice. 35. Powers of Speaker and Officers not subject to jurisdiction of courts. 3 6 . P o w e r o f O f f i c e r s . 37 . P o w e r s of arrest . 38. Sanct ions for prosecut ions. 3 9 . J o u r n a l s p r i n t e d b y o r d e r o f t h e A s s e m b l y t o b e a d m i t t e d as

evidence. 40. Powers to be supplementary to powers under the Consti tut ion. 4 1 . A b s e n c e of t h e Speaker . 42 . R e p e a l of Cap . 359.

T H E U N I T E D R E P U B L I C O F T A N Z A N I A

No. 3 OF 1988

// JJ I A S S E N T ,

P r e s i c T e n t

31st MARCH, 1988

A n A c t t o d e c l a r e a n d def ine t h e i m m u n i t i e s , p o w e r s a n d pr iv i leges of P a r l i a m e n t a n d of t h e m e m b e r s a n d c o m m i t t e e s of t h e N a t i o n a l Assembly a n d to p rov ide for re la ted p u r p o s e s

I ] PART I

PRELIMINARY Short title and 1 . T h i s A c t m a y b e c i t e d a s t h e P a r l i a m e n t a r y I m m u n i t i e s , commence- P o w e r s a n d P r iv i l eges A c t , 1 9 8 8 , a n d shal l c o m e in to ope ra t ion on s u c h

da te as t h e M i n i s t e r m a y , b y n o t i c e in t h e G a z e t t e appo in t . ment

2. In this Act , un less the context o the rwise requi res : -I n t e r p r e t a ¬ t i o n ' 'As sembly ' ' m e a n s t h e N a t i o n a l A s s e m b l y ;

"Commit tee" means a Standing Commi t t ee of the Assembly established in a c c o r d a n c e w i th sec t ion 89 of t h e Cons t i tu t ion a n d inc ludes a n y com¬ m i t t e e se lec ted t o exe rc i s e t h e p o w e r s of t h e A s s e m b l y ;

' 'Clerk' ' means the Clerk of the Assembly and includes any person acting as such on the author i ty of the S p e a k e r ;

"Journals" means the minutes of the Assembly or the official record of the vo tes or p roceed ings of the Assembly ;

t h e S p e a k e r is n o t a m e m b e r o f t h e A s s e m b l y , t h e S p e a k e r ; ' 'Officer of the Assembly ' ' means the Clerk or any other officer or per¬

s o n a c t i n g w i t h i n t h e p r e c i n c t s of t h e A s s e m b l y u n d e r t h e o r d e r s of t h e Speaker and inc ludes any po l ice officer on duty wi th in the prec inc t of the Assembly .

4 N o . 3 Parliamentary Immunities, Powers and Privileges 1988

Cap. 322 "'Police Officer" has the same meaning its in the Police Force Ordinance; "precinct of the Assembly' ' means the chamber in which the Assembly

sits in section for the transaction of business, together with the offices. rooms, lobbies, galleries, courtyards, gardens and other places p ro­vided for the use or accomodation of members. officers or strangers, and any passages connect ing such place, and any t ime be declared mediately contiguous thereto as may from t ime to t ime be declared

by the Speaker as being within the precincts of tile Assembly', "-Standing Orders- means the Standing Orders of the Assernbly made

in according with the provision of section 89 of tile Constitution-, "-Speakcr- means the Speaker of the Assembly and includes any Deputy

Speaker and any other m e m b e r elected, in accordance wi th section 93 of the Constitution, by the Assembly to act as;

' 'stranger'' means any person other than a member or an officer of the Assembly but does not include the Speaker where Such Speaker is not it member .

PART II P R I V I L E G E S A N D I M M U N I T I E S O F T H E A S S E M B L Y A N D I T S O F F I C E R S

Freedom of 3 . There shall be f reedom of speach and debate in the Assembly and speech and such freedom of speech and debate shall not be liable to be questioned

in any court or place outside the Assembly. debate

Freedom of 4.-(1) Subject to this Ac t and to any statutory or other provisions members to regulating the convening and organisation of such meetings, a member me d

t i n g s shall be free to hold public meetings in his constituency and all respo-in consti- risible authorities shall facilitate them in a manner as convenient to the tuences member as is possible under the circumstances.

(2) Any person who causes obstruction at such public meetings shall be guilty of an offence and liable to be proceeded against by the relevant authority in accordance with law.

Immunity 5 . N o civil or cr iminal p roceed ings m a y b e inst i tuted against any from legal member for words spoken before, or written in a report to the Assembly proceedings or a commi t t ee , or by reason of any mat te r or th ing b rought b v h i m

therein by petition, bill , or motion or otherwise or for words spoken or ac t d o n e in bona fide p u r s u a n c e of a dec i s ion or p r o c e e d i n g of t h e Assembly or a commit tee.

Freedom 6. N o member shall be liable for arrest for any civil debt except for 1 1 . .1 .• r* i • i . • . . • • i r>r>

fo

fSm

l

arebss - a debt the contraction of which constitutes a criminal offence

Entry to As- 7 -.(1) N o stranger shall be entitled. as of right. to enter or to remain sembly within the precincts of the Assembly.

No. 3 Parliamentary Immunities, Powers and Privileges 1 9 8 8 5

(2) The Speaker may issue such orders as he may in his discretion d e e m necessa ry or des i rable for the regula t ion of the admi t t ance of strangers to. and the conduct of strangers within, the precincts of the Assembl .y chamber.

(3) Copies of orders made tinder this section shall be duly atithenti. cated bv the Clerk and exhibited in a conspicuous Position in the precincts of the Assernblv. and such copies when So authenticated and exhibited shall be deemed to be sufficient notice to all persons affected thereby.

8 The Speaker or any officer authorized by the Speaker may , at any time order any stranger to withdraw from the precincts of the Assembly

Order of withdrawal from Assem­bly

9.-(1) N o m e m b e r or officer and no person employed to take or transcribe minutes of evidence before the Assembly or any Committee shall give evidence elsewhere respecting the contents of such minutes or evidence, or of the contents of any document laid before the Assembly or commi t t ee , as the case m a y b e , or respect ing any p roceed ings or examination held before the Assembly or Commit tee , as the case may be, without the special leave of the Assembly first had and obtained.

(2) The special leave referred to in subsection (1) may be given during a recess or adjournment by the Speaker.

10. Subject to this Act and to any statutory or other provisions regula­ting the disclosure of information by public officers, a member may, on request by himself, be furnished with information by the public officer concerned. 11

1 1 . Notwi ths tanding anything to the contrary, no summons issued by any Court of the United Republic or outside the United Republic in the exercise Of its civil jurisdiction shall be served or executed within the precinct of the Assembly 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.

Evidence of proceedings in Assembly or Committee not to be given without leave

Member to be furnished with infor¬ mation

Exercise of civil process

12 . -( l) I t is dec la red for t h e a v o i d a n c e of d o u b t tha t sub jec t t o t h e Const i tu t ion and the Standing Orders of the A s s e m b l y , the Assembly has all such powers and jurisdict ion as may be necessary for inquir ing into j udg ing and pronouncing upon the commiss ion of any act, matter or th ing, not amount ing to an offence under this Act , which is a breach of Parliamentary privileges.

(2) The Speaker shall have the power, subject to the Standing Orders of the Assembly , to determine whether or not any act, mat ter or thing is one into which the Assembly may inquire, judge and pronounce upon.

Jurisdic¬ tion and procedure in relation to breaches con¬

tempts etc.

6 N o . 3 Parliamentary Immunities, Powers and Privileges 1 9 8 8

Power to order atten­dance of wit­nesses

Attendant to be notified by summons

(3) The Assembly or, as the case may be, a committee may, in relation to any act, matter or thing, r ecommend to the Speaker that he requests the Attorney-General to take steps necessary to br ing to trial before a court of competent jurisdiction any person connected with the commis-

(4) The Speaker shall, either of his own accord or upon a recommen­dation of a commit tee , report to the Attorney-General all acts, matters and th ings amoun t ing to offences unde r this Act , commi t t ed by any person, and the Attorney-General shall proceed in relation to such report in accordance with law.''

1 3 . - ( l ) The Assembly , any standing committee or any sessional com¬ mittee may, subject to provisions of section 18 and section 20 of this Act , o rder any pe r son to a t tend before the A s s e m b l y or before such commi t t ee and to g ive ev idence or to p r o d u c e any d o c u m e n t in the possession or under the control of such person.

(2) The powers conferred by subsection (1) of this section on a ses¬ sional commit tee may be exercised by any other commit tee wh ich is specially authorized by a resolution of the Assembly to exercise such powers in respect of any matter or question specified in the resolution.

14.- ( l ) A n y o r d e r t o a t t end t o g i v e e v i d e n c e o r t o p r o d u c e docu¬ ments before the Assembly or a committee shall be notified to the person required to attend or to produce the documents by a s u m m o n s under the hand of the Clerk issued under the direction of the Speaker.

(2) In every summons under subsection (1) of this section there shall be stated the t ime when and the place where the person summoned is required to attend and the particular documents which he is required to produce and the summons shall be served on the person ment ioned therein either by delivering to h im a copy thereof or rjy leaving a copy thereof at his usual or last known place o f abode in the United Republic, w i t h s o m e adu l t p e r s o n ; a n d the re shal l b e pa id or t e n d e r e d to t h e person summoned, if he does not reside within four miles of the place of attendance specified in the summons , such sum for his expenses as may be prescribed by Standing Orders.

(3) A summons under this section may be served by an officer of the Assembly or by a police officer.

PART I I I EVIDENCE

No. 3 Parliamentary Immunities, Powers and Privileges 1988 7

15 .-(1) If a p e r s o n t o w h o m a s u m m o n s sec t ion 14 is d i r ec t ed does not attend before the Assembly or the commit tee at the t ime and place mentioned therein, the Speaker may, upon being satisfied that the summons was duly served or that the person to w h o m the summons is directed willfully avoids service, issue a warrant to apprehend h i m and br ing h i m , at a t ime and p lace to b e stated in the war ran t , before the Assembly or committee.

(2) A warrant issued under this section shall be executed by a police officer.

(3) The Speaker, on the issue of a warrant under this section, may, if h e thinks fit, by an appropriate, endorsement on the warrant , direct tha t t h e p e r s o n n a m e d in t h e war r an t b e re leased after ar res t on his en ter ing into such a r ecogn izance before a court for h i s appea rance before the Assembly or commit tee as may be required in the endorse¬ Ment, 16.-(1) T h e Assembly or an author ized commi t t ee m a y require that any facts, mat te r s and th ings re la t ing to the subject mat te r of inquiry before the Assembly or such commit tee be verified or otherwise ascer ta ined by the oral examinat ion of witnesses, and may cause any such witnesses to be examined upon oath.

(2) An oath required to be taken under the provisions of this section may be administered by the Clerk or by any other person appointed by t h e a s s e m b l y for tha t pu rpose , or, in t h e case o f a w i tnes s before a committee, by the chairman of the committee or by the member presiding in the absence of the chairman, or by the secretary to the commit tee.

17 .-(1) W h e r e a n y p e r s o n o rde red t o a t tend to g ive e v i d e n c e or t o produce any document before the Assembly refuses to answer any ques t ion that m a y b e pu t to h i m or to p r o d u c e any such d o c u m e n t on the g r o u n d tha t t h e s a m e is o f a p r iva t e n a t u r e a n d d o e s no t affect t h e subject of inquiry, the Speaker may excuse the answering of such question or the production of such document, or may order the answering or the production thereof.

(2) Where any person ordered to attend or to give evidence or produce any document before any committee refuses to answer any question that may be put to him or to produce any such document on the ground that. the same is of apr ivate nature and does not affect the subject of inquiry, the chairman o f the commit tee may report such refusal to the Speaker wi th the reasons therefor; and the Speaker may thereupon excuse the answering of such question or the production thereof.

18 .-(1) Subjec t t o t h e p rov i s ions of subsec t ion (3) , eve ry p e r s o n summoned to attend to give evidence or to produce any document before the A s s e m b l y or a c o m m i t t e e the reof shall b e enti t led, in respec t of such evidence or the disclosure of any communication or the production of any such documen t , to the s a m e r ights and pr iv i leges as before a court of law.

Power to issue warrant to compel at¬ tendance

Witness may be examined

on oath

Objection to answer que-tion of to pro¬ duce papers

Privileges of witnesses

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(2) Wi thout prejudice to the generality of the provisions of subsection ( l ) , n o pub l i c officer shal l , excep t w i th t h e consen t of t h e Pres iden t -

(it) give, before the Assembly or it commit tee thereof, any document . o r

(b) p roduce , before the Assembly or it commi t t ee , thereof, any docu¬ ment,

(c) furnish to the Secretariat of the Nat ional Assembly any document or information.

re la t ing t o a n y n a v a l . mi l i t a ry or air force m a t t e r ; no r shal l s e c o n d a r y evidence be received by or produced before the Assembly or commit tee of the contents of any such document .

(3) Unless the Pres ident otherwise directs. n o publ ic officer shall re¬ f u s e -

(it) to give. before the Assembly or it committee thereof, any evidence; or

(b ) t o p r o d u c e , b e f o r e t h e A s s e m b l y o r it c o m m i t t e e thereof , a n y document,

( c ) to furnish to the Secretar ia t of the Nat ional A s s e m b l y any infor¬ mation,

r e l a t ing t o t h e c o r r e s p o n d e n c e of a n y civil d e p a r t m e n t o r a n y m a t t e r affecting the public service -, and secondary evidence shall not be received by or p roduced before the Assembly or a commi t t ee of the contents of a n y such d o c u m e n t w h i c h t h e P re s iden t has d i rec ted shal l no t b e pro¬ duced . such d i rec t ions shal l on ly b e g iven w h e n in the op in ion of t h e President it would be contrary to the public interest to give Such evidence or to produce such document its aforesaid.

C a p . 1 0 (4) A n a n s w e r by a p e r s o n to a ques t i on pu t b y t h e A s s e m b l y or a c o m m i t t e e shal l not , excep t in t h e c a s e of c r imina l p roceed ings unde r section 102, 106, 108 and 109 of the Penal Code or of an offence against this Act, be in any proceedings , civil or cr iminal . admissible in evidence against h im.

Evidence of proceedings in Assembly or committee not to be

given without leave

19 .-(1) N o t w i t h s t a n d i n g t h e p rov i s ions of a n y o the r l aw, n o m e m b e r or officer of t h e A s s e m b l y a n d n o p e r s o n e m p l o y e d to t ake m i n u t e s of ev idence before the A s s e m b l y or any commi t t ee sha l l s ave as p r o v i d e d in th is Ac t , g i v e e v i d e n c e e l s e w h e r e in r e spec t of t h e con t en t s of such minutes or evidence or of the contents of any document laid before the

A s s e m b l y or s u c h c o m m i t t e e , as t h e ca se m a y be , or in r e spec t of a n y proceed ings or examina t ion he ld before the A s s e m b l y or such commit¬ tee. as the case m a y be , wi thout the special leave of the A s s e m b l y first had and obtained.

(2) The special leave referred to in subsection ( 1) of this section may be given during it recess or adjournment by the Speaker or, in his absence o r o t h e r i n c a p a c i t y o r d u r i n g a n y d i s s o l u t i o n o f t h e A s s e m b l y , b y t h e Clerk.

No. 3 Parliamentary Immunities, Powers and Privileges 1 9 8 8 9

20. (1) Every witness before the Assembly or an authorised commit tee w h o shall answer fully and faithfully any ques t ions pu t to h i m by the Assembly or such Commit tee to its satisfaction shall be entitled to receive it certificate stating that such witness was upon his examination so required to answer and did answer any such question.

(2) Every certificate under subsection (1) shall, in the case of a witness before the Assembly, be under the hand of the Speaker, and in the case of a wi tness before a commi t t ee , be under the n a n d of the cha i rman thereof.

(3) On production of such certificate to any court of law, such court shall stay any proceedings, civil or criminal, against such witness for any act or thing done by him before the t ime and revealed by the evidence of-such witness , and may, in its discretion, award to such witness the expenses to which he may have been put.

2 1 . Any person who, before the Assembly or any authorised commit¬ tee in tent ional ly g ives a false answer to any ques t ion mater ia l to the subject of inquiry which m a y be put to h i m during the course of any examinat ion shall be guilty of an offence and shalfbe punishable as if he has committed an offence under section 122 of the Penal Code.

2 2 . A n y p e r s o n w h o -(a) tampers with, deters, threatens, molests, beguiles or in any way u n d u l y inf luences a n y wi tness in r ega rd t o a n y e v i d e n c e to l ie

given by him before the Assembly or any committee; or-, (b) threatens, molests or in any way punishes, damnifies or injures

or attempts to punish. damnify or injure any person for having given evidence before the Assembly or any commit tee or on account of any evidence which he has given before the Assembly or any commit tee , shall be guilty o f a n offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or to impr isonment for it t e rm not exceeding twelve months . or to both such fine and imprisonment.

23 . A n y pe r son w h o presen ts to the A s s e m b l y or to any commi t t ee any false, untrue, fabricated or falsified document with intent to deceive the A s s e m b l y shall . w h e r e such presen ta t ion does no t const i tu te an offence under section 2 1 , be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand shillings or for a term of imprisonment not exceeding twelve months, or to both such fine and imprisonment.

2 4 . A n y person shall b e guil ty of an offence w h o -(a) having been called upon to given evidence before the assembly

or an authorised committee thereof refuses to be sworn or make an affirmation; or

(b) being a witness misconducts himself; or

Certificate is¬ sued to wit¬ nesses mak¬ ing full diselo-sure to be a bar to civil or criminal pro¬ ceedings

False evidence cap. 16

Inter¬ ference with witnesses

false docu¬ ments

Contempt

10 No. 3 Parliamentary Immunities, Powers and Privileges 1 9 8 8

Questions relating to evidence and pro­duction of docu­ments before the Assembly or a com¬ mittee to-be deter­mined in accor­dance with usage of Par¬ liament

Procee¬ ding to be dee¬ med judi­cial pro­ceedings for certain purposes of Cap. 16

Offences relating to admit¬ tance to the Asse­mbly

(c) causes an obstruction or disturbance within the precincts of the Assembly C h a m b e r during a sitting of the Assembly or of a commit tee thereof; or

(d) shows disrespect in speech or manner towards the Speaker, or (e) commits any other act of intentional disrespect to or with refer­

ence to the proceedings of the Assembly or of a committee of the Assembly or to any person presiding at such proceedings.

2 5 . W h e r e at any t ime any questions arise in the Assembly or in a commi t t ee r ega rd ing -

(a) the right or power of the Assembly or committee to hear, admit or receive oral evidence; or

(b) the right or power of the Assembly or committee to peruse or examine any paper, book, record or document or to summon, direct or call u p o n any pe r son to p r o d u c e any pape r , b o o k , record or document before the Assembly or commit tee; or

(c) the right or privilege of any person (including a member of the Assembly or committee; that question shall, subject to the pre¬ ceding provisions of this Act, and except in so far as express

Provision is made in those provisions for the determination of at question, be determined in accordance with the usage and

practice of Parliament.

P A R T I V OFFENCES AND PENALTIES

26 . Any proceedings before the Assembly or a commit tee thereof at which any person gives evidence or produces any document, shall be deemed to be judicial proceedings for the purposes of sections 102, 106, 108 and 109 of the Penal Code.

2 7 . A n y p e r s o n w h o -

(a) being a stranger enters or attempts to enter the precincts of the Assembly in contravention of any order of the Speaker; or

(b) being a stranger fails or refuses to withdraw from the precincts of the Assembly w h e n ordered to wi thdraw therefrom by the s p e a k e r o r

(c) being a stranger, contravenes any order made under this Act by the Speaker regulat ing the admit tance of strangers to the pre­cincts of the Assembly or any rule made by the Speaker under the Standing Orders ; or

No. 3 Parliamentary Immunities, Powers and Privileges 1988 1 1

(d) attends any sitting of the Assembly as the representative of any news reporter after the general permission granted under any order made under this Ac t or under the Standing Orders to the representative of that news reporter has been revoked,

shall be guilty of an offence and shall, on conviction be liable to a fine not exceeding five thousand shillings or to imprisonment for any term not exceeding six months or to both such fine and imprisonment.

28.-(1) Any person who offers to any member or officer or to any person who is an employer, or a partner either directly or indirectly, any bribe, fee, compensation, gift or reward in order to influence such member or officer in his conduct as such member or officer or for or in respect of the promotion of or opposition to any Bill, resolution, matter, rule or thing submitted to, or intended to be submitted to, the Assembly shall be guilty of an offence.

(2) Any member or officer or any person who is an employer, a par tner w h o demands , accepts or receives, directly or indirectly, any bribe, fee ~ compensation, gift or reward the offering of which is or would be an offence under this section shall be guilty of an offence.

(3) Any person who commits an offence under this section shall be liable on conviction to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding three years, or to both such fine and imprisonment.

(4) In any proceedings against any person for an offence under this section. the court may , if it f inds the offence p roved-

(a) order that the value or the amount of any bribe, fee, compensation, gift or reward offered or accepted or received in contravention of this section shall be forfeited; or

(b) order that the amount or the value of any bribe. fee, compensa­tion, gift or reward accepted or received in contravention of this section shall be repaid by the person accepting or receiving the same, or by the person on whose behalf the same was accepted or received to the persons from whom it was accepted or received, or to the person on whose behalf such latter person wits acting.

29. A n y person shall b e guil ty of an offence w h o -(it) assaults, obstructs or insults any member or officer going to or

coming from the precincts of the Assembly Chamber; or (b) endeavors to compel, either directive or in directive any member by force, insult or m e n a c e to declare h imse l f in favour of or against any Bill . resolut ion mat ter rule or th ing submit ted to.

or intended to be submitted to. the Assembly: or (c) assaults, interfered with. resists or obstructs any officer while ill

the execution of his duty as Such officer, or (d) sends to any member any threatening letter, or challenges tiny

m e m b e r to a fight, on account of his conduct as such member .

Corrupt or impo-per prac¬ tices

Other of fences against member and officer

12 No. 3 Parliamentary Immunities, Powers and Privileges 1 9 8 8

D i s o b e d i e n c e 30. Any person commits an offence who wilfullv and without lawful cause fails to comply with, or contravenes. 'any order made under section 8 or 15 or who willfully fails to obey any other order of the Assembly whereby the Assembly is obstructed in the performance of its functions:

Provided that no offence is commit ted under this section unless the Speaker or an officer has drawn to the attention of the persons concerned the fact that such failure or contravention is contrary to such Order and the pe r son thereafter con t inues ill such fai lure or Con t r aven t ion as aforesaid .

o t h e r o f f e n c e s 31. A n y pe r son w h o - -

(a) d isobeys an order m a d e by the Assembly or a commi t tee for attendance or for production of documents unless such attendance or product ion be excused as herein before provided, or

(b) refuses to b e e x a m i n e d before , or to answer any lawful and relevant question put by the Assembly or it Commi t t ee unless such refusal be excused as herein before provided, or

(c) creates or joins in any disturbance which interrupts or is likely to interrupt, the proceedings of the Assembly or any committee while the Assembly or such committee is sitting; or

(d) presents to the Assembly or it committee my false , untrue, fab. ricated or falsified document with intent to deceive the Assembly or such committee-, or

(c) publishes any false or scandalous libel on the Assembly, or any report which willfully misrepresents in any way any proceedings o f the Assembly or any committee.

(f) publishes, save by the general or special leave of the Assembly, it report of any proceedings of the Assembly or any commit tee when proceedings have not been held in public-, or

(g) Publishes, save by the general or special leave of the Assembly, tiny paper. report or other document prepared expressly for sub. mission to the Assembly before the same has been laid on the Table of the Assembly , or

(h) prints or Causes to be printed a copy of any Act now or hereafter in force. or it copy of my report. paper or journals of the Assembly 'IS purporting to have been printed by the Government Printer, or by or under the Authority of the Assembly, or of the Speaker, and the same is not so printed; or

(i) tenders in evidence any such Copy as purporting to be so printed knowing that the same wits not so printed-, or

(J) publ ishes or prints any libels on any m e m b e r concern ing his character or conduct its it m e m b e r and wi th regard to action! performed or words uttered by him in the course of the transaction of the business of the Assembly ,

No. 3 Parliamentary Immunities, Powers and Privileges 1 9 8 8 13

shall be guilty of an offence and shall or conviction be liable to a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three years or to both such fine and imprisonment.

32. A n y m e m b e r w h o a c c e p t s or a g r e e s t o a c c e p t or ob ta ins or a t . t e m p t s t o ob ta in for h imse l f or for a n y other p e r s o n a n y br ibe , fee, compensa t ion , r eward or benefi t of any k ind for speaking, vo t ing or act ing as such m e m b e r or for refraining f rom so speaking, vo t ing or acting on account of his having so spoken, voted or acted or having so refrained. shall be guilty of an offence and shall he liable on conviction to a fine not exceeding ten thousand shill ings or to impr i sonment for three years or to both Such fine and imprisonment.

33 . Any person, being a defendant in any civil or criminal proceedings ins t i tu ted for or on a c c o u n t or in r e spec t of t h e pub l i ca t i on b y s u c h 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 plaint iff or prosecutor , as the case m a y be , twenty- four h o u r s 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 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 servants by order or under the authority of the Assembly together with an affidavit verifying such cer¬ tificate, and the 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. 3 4 . In a n y civi l p r o c e e d i n g s ins t i tu ted for p u b l i s h i n g a n y r e p o r t o r summary of or any extract from or abstract of any report, paper, minutes, vo t e s a n d p r o c e e d i n g s of t h e A s s e m b l y , if t he cour t b e satisfied tha t such report, summary, extract or abstract was published bona fide and without malice, j udgmen t shall be entered for the defendant.

35. N e i t h e r t h e S p e a k e r , n o r a n y of f ice r o f t h e A s s e m b l y , sha l l subject to the jurisdict ion of any court in respect of the exercise of any

So w e r c o n f e r r e d o n o r v e s t e d i n t h e s p e a k e r o r s u c h o f f i c e r s is Act.

36. Every officer of the Assembly shall, for the purposes of this Ac t and of the application of the provisions of the criminal law. have all the powers and enjoy all the privileges of it police officer,

3 7 . A n y officer of the Assembl I y may arrest wi thout warrant-(a) any person who commits any offence contrary to section 3 1 , or

32 in his presence; (b) any person within the precincts of the Assembly who he reason­

ably suspects of having committed, or being about to commit an offence contrary to any of the said section.

Acceptance of brides by member

Protection of person re¬ sponsible for publications authorized by the As sembly

Publications of proceedings without malice

Power of speaker and officer not subject to jurisdiction of court

Power of arrest

14 No k 3 Parliamentary Immunities, Powers and Privileges 1988

Sanctions for 38. No prosecution for an offence under this Act shall be instituted prosecutions e x c e p t with the written sanction of the Director of Public Prosecution. Journals 39. Upon any inquiry touching the privileges, immunities and powers P " n , e d {jy of the Assembly or of any member, any copy of the journals or Standing Assembly' to Ofders printed or purporting to be printed by the Government Printer, be admitted 0 1 - any c ° p y of the journals or Standing Orders dully authenticated as as evidence such under the hand of the Clerk shall be admitted as evidence of such

journals or standing orders in all courts and places without any further proof being given.

Powers to be 40. The Powers of the Assembly and of the Speaker under this Act wpplemen- B h a | | b e supplementary to any powers conferred by the Constitution or

^ n d e ? « h > a n d i » & ° r d e r s -constitution Absence ot 4 1 . (1) For the purposes of this section "aosent" in relation to the the Speaker Speaker or the Deputy Speaker, means—

(a) that the office of Speaker or the office of Deputy Speaker is vacant; or

(b) that the Speaker or the Deputy Speaker is incapable of, or is from any cause prevented from, performing the duties of the office of Speaker; or

(c) that the Speaker or the Deputy Speaker is absent from the sit of Parliament.

(2) For the duration of any period during which the Speaker is absent, the powers and privileges vested in the Speaker by this Act shall be vested in the Deputy Speaker.

(3) For the duration of any period during which both the Speaker and the Deputy Speaker are absent—

(a) the cowers and privileges vested in the Speaker by the provisions, other than sections 9.0 and 33 of this Act shall—

(i) in so far as they relate to any matter arising at a sitting of the Assembly for the transaction of business, be vested in such member of the Assembly as may be elected by thc'Assembly by virtue of the provisions of section 93 of the Constitution to preside at the sitting of the Assembly when such matters arise; and

(ii) in so far as they relate to any other matter, be vested in such member of the Assembly as may be appointed for this purpose by the Assembly; and

(b) the powers vested in the Speaker by sections 20 and 33 8h«M vested in the Clerk.

Repeal of 42. The Legislative Council (Powers, and Privileges) Ordinance Is Cap. 359 hereby repealed.

Passed in the National Assembly on the twenty-first day of January, 1 9 8 8 .

Clerk of the National Assembly Printed by the Government Printer, Dar es Salaam—Tanzania.