| Parliament name |
National Assembly |
| Structure of parliament |
Unicameral |
| NATURE |
| Nature of the mandate |
|
| Start of the mandate |
· When the results are declared
|
| Validation of mandates |
· Validation by the Constitutional Court only in case of challenge by election petition (Art. 82 (1) (a) of the Constitution of 21.06.1993, as amended up to and including 01.08.1996)
· Procedure (Art. 82 (1) (a), (2), (4), and (5) of the Constitution, S. 44 (2) to (8), and 45 to 47 of the Elections Act, Presidential Election and National Assembly Election (Election Petition) Rules)
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 81 (1) (a) in connection with Art. 106 (2), 110, and 111 of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (Art. 81 (1) (b) of the Constitution)
· Procedure (Art. 81 (1) (b) of the Constitution): notice in writing to the Speaker
· Authority competent to accept the resignation: the Speaker
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate for disqualification or incompatibilities (Art. 81 (1) (c), (e) in connection with Art. 80 and 113 of the Constitution; Art. 81 (1) (f) and (g), and (2) of the Constitution): e.g. disqualification by judicial conviction of illegal practice under the Elections Act
(b) Loss of mandate for absence from Seychelles or during a session of the Assembly (Art. 81 (1) (d) of the Constitution, see also Participation in the work of Parliament)
(c) Revocation by a political party/change of party membership (Art. 81 (1) (h) to (j), and (3) of the Constitution)
(d) Death (Art. 81 (1) (k) of the Constitution)
(e) General procedure (Art. 81 (5) to (7), Art. 82 (1) (b), and (3) to (5) of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic passport for the Speaker, official passports for the other MPs
· Basic salary (MPs other than the Speaker, the Deputy Speaker, or the Leader or the Opposition, Art. 105 of the Constitution): SCR 6,000 per month
+ Additional allowance (MPs other than the Speaker, the Deputy Speaker, or the Leader or the Opposition, Art. 105 of the Constitution): SCR 2,000 per month
· Income tax system does not exist in general.
· Pension scheme (Art. 105 of the Constitution)
· Other facilities: Travel and transport
|
| Obligation to declare personal assets |
No |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (Art. 102 (1) and (5) of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament, provided that this is done under the authority of the National Assembly.
· Derogations: proceedings in the Assembly (Art. 102 (1) of the Constitution), contempt of Parliament in cases of disobedience to rules or orders of the House (National Assembly (Privileges, Immunities and Powers) Act; see Discipline)
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (Art. 102 (2) to (4) of the Constitution).
· It applies to criminal and civil proceedings, covers all offences and protects MPs only from arrest, from being held in preventive custody, and from the opening of judicial proceedings against them in so far as the performance of the functions of the Member are called into question.
· No derogations are foreseen.
· Protection is provided only during sessions and also covers judicial proceedings instituted against MPs before their election in so far as they interfere with the performance of the functions of the Member in the Assembly.
· Parliamentary immunity (inviolability) cannot be lifted.
· In the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament (Art. 102 (3) of the Constitution)
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by political parties and/or the office of the Clerk to the Assembly.
· Handbook of parliamentary procedure:
- National Assembly Standing Orders (1994)
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings or committee meetings.
· Penalties foreseen in case of failure to attend sessions (Art. 81 (1) (d) (ii) of the Constitution): loss of mandate
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 46 to 51, and 91 of the National Assembly Standing Orders, and in the National Assembly (Privileges, Immunities and Powers) Act.
· Disciplinary measures foreseen:
- Call to order (SO 46 (2) of the National Assembly Standing Orders)
- Direction to discontinue speaking (SO 47 (1) of the National Assembly Standing Orders)
- Order to withdraw from the Assembly for the remainder of that day's sitting (SO 47 (2), and SO 50 of the National Assembly Standing Orders)
- Naming and suspension (SO 48 (1) to (5), and SO 49 to 50 of the National Assembly Standing Orders)
- Adjournment of the Assembly, suspension of the sitting (SO 51 of the National Assembly Standing Orders)
- Other measures (SO 48 (6) of the National Assembly Standing Orders)
· Specific cases:
- Contempt of Parliament in cases of disobedience to rules or orders of the House (National Assembly (Privileges, Immunities and Powers) Act): reprimand, suspension (penal jurisdiction)
· Competent body to judge such cases/to impose penalties (SO 46 (1) of the National Assembly Standing Orders):
- Call to order, direction to discontinue speaking, order to withdraw from the Assembly for the remainder of that day's sitting, naming, adjournment of the Assembly, suspension of the sitting: the Speaker
- Suspension, other measures: the National Assembly
- Contempt of Parliament in cases of disobedience to rules or orders of the House: the National Assembly, the Attorney-General
· Procedure:
- Call to order (SO 46 (2) of the National Assembly Standing Orders)
- Direction to discontinue speaking (SO 47 (1) of the National Assembly Standing Orders)
- Order to withdraw from the Assembly for the remainder of that day's sitting (SO 47 (2), and SO 50 of the National Assembly Standing Orders)
- Naming and suspension (SO 48 (1) to (5), and SO 49 to 50 of the National Assembly Standing Orders)
- Adjournment of the Assembly, suspension of the sitting (SO 51 of the National Assembly Standing Orders)
- Other measures (SO 48 (6) of the National Assembly Standing Orders)
- Contempt of Parliament in cases of disobedience to rules or orders of the House (National Assembly (Privileges, Immunities and Powers) Act, SO 91 of the National Assembly Standing Orders)
|
| Code (rules) of conduct |
· This concept does not exist in the country's juridical system but there are some relevant provisions (National Assembly (Privileges, Immunities and Powers) Act, SO 90 and 91 of the National Assembly Standing Orders).
· Penalties foreseen for violation of the rules of conduct (= contempt of Parliament in cases of misconduct of Members): penal jurisdiction:
- Reprimand
- Suspension from the House
- Proceedings instituted by the Attorney-General
· Competent body to judge such cases/to impose penalties: the National Assembly, the Attorney-General
· Procedure (National Assembly (Privileges, Immunities and Powers) Act, SO 91 of the National Assembly Standing Orders).
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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