Constitution of the Republic of South Africa, 1996/2001-11-21/Chapter 4

Sittings and recess periods

After an election, the first sitting of the National Assembly must take place at a time and on a date determined by the Chief Justice, but not more than 14 days after the election result has been declared. The Assembly may determine the time and duration of its other sittings and its recess periods.

The President may summon the National Assembly to an extraordinary sitting at any time to conduct special business.

Sittings of the National Assembly are permitted at places other than the seat of Parliament only on the grounds of public interest, security or convenience, and if provided for in the rules and orders of the Assembly.

Speaker and Deputy Speaker

At the first sitting after its election, or when necessary to fill a vacancy, the National Assembly must elect a Speaker and a Deputy Speaker from among its members.

The Chief Justice must preside over the election of a Speaker, or designate another judge to do so. The Speaker presides over the election of a Deputy Speaker.

The procedure set out in Part A of Schedule 3 applies to the election of the Speaker and the Deputy Speaker.

The National Assembly may remove the Speaker or Deputy Speaker from office by resolution. A majority of the members of the Assembly must be present when the resolution is adopted.

In terms of its rules and orders, the National Assembly may elect from among its members other presiding officers to assist the Speaker and the Deputy Speaker.

Rights of certain Cabinet members and Deputy Ministers in the National Assembly

The President, and any member of the Cabinet or any Deputy Minister who is not a member of the National Assembly, may, subject to the rules and orders of the Assembly, attend and speak in the Assembly, but may not vote.

Privilege

Cabinet members, Deputy Ministers and members of the National Assembly —

have freedom of speech in the Assembly and in its committees, subject to its rules and orders; and are not liable to civil or criminal proceedings, arrest, imprisonment or damages for —

anything that they have said in, produced before or submitted to the Assembly or any of its committees; or anything revealed as a result of anything that they have said in, produced before or submitted to the Assembly or any of its committees.

Other privileges and immunities of the National Assembly, Cabinet members and members of the Assembly may be prescribed by national legislation.

Salaries, allowances and benefits payable to members of the National Assembly are a direct charge against the National Revenue Fund.

Chairperson and Deputy Chairpersons

The National Council of Provinces must elect a Chairperson and two Deputy Chairpersons from among the delegates.

The Chairperson and one of the Deputy Chairpersons are elected from among the permanent delegates for five years unless their terms as delegates expire earlier.

The other Deputy Chairperson is elected for a term of one year, and must be succeeded by a delegate from another province, so that every province is represented in turn.

The Chief Justice must preside over the election of the Chairperson, or designate another judge to do so. The Chairperson presides over the election of the Deputy Chairpersons.

The procedure set out in Part A of Schedule 3 applies to the election of the Chairperson and the Deputy Chairpersons.

The National Council of Provinces may remove the Chairperson or a Deputy Chairperson from office.

In terms of its rules and orders, the National Council of Provinces may elect from among the delegates other presiding officers to assist the Chairperson and Deputy Chairpersons.