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Home Analysis & Opinions

Parliament should prohibit offensive language

patriot by patriot
December 13, 2020
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Parliament should prohibit offensive language
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The National Assembly Act(Privileges and Immunities) create in favour of members of the National Assembly privileges to ensure efficient discharge of their mandates under the doctrine of separation of powers. Section 3 of the Act, confers upon the members the freedom of speech. No member may be sued for defamation or prosecuted for criminal libel or sedition in respect of what he says before the Assembly. This is to allow members to candidly, forthrightly without inhibition express their views without the fear of a legal action being taken against them. Even if a cause of action can arise from what was said by the member, as long as he said it within the precincts and before the National  Assembly or any of its committees, he/she is entitled to absolute immunity.

However, the freedom of speech shall not be abused, and members should not use it for their personal interest, hiding under it with the knowledge that they are entitled to immunity. The Standing Orders of the National Assembly attempt, in a timorous fashion to prevent abuse of this right by means of its rules and orders. Members are not allowed to publish offensive, unnecessary and  insulting language as this will now be now to satisfy the interests of the members. Any member who contravenes these restrictions, should be required to withdraw them and failure to do so, the Speaker should order that he be suspended from the National Assembly with immediate effect upon order. If he/she still persists, the Speaker should invite security in the National Assembly to come and help the member perform such a difficult activity if it is. The Standing orders should have that provision which directly condemns the unparliamentary, objectionable, calumnious and unsubstantiated language that requires the intractable member to withdraw and apologize for such language.

*Second year Law student at University of Botswana.

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  • VACANCY: IDMJanuary 30, 2023
     QUALITY ASSURANCE COORDINATOR  (3 YEARS FIXED CONTRACT)   Closing Date: 10 February 2023 
  • VACANCIES: Naledi Mining Services Company (NMSC)January 30, 2023
    Mining Manager – Operations _ 5 Year FTC Information Management Analyst_ 5 Year FTC Safety & Health Coordinator _ 5 Year FTC Human Resources Officer_ 5 Year FTC Maintenance Technician _ 3 Year FTC Maintenance Artisan – Fitter _ […]
  • WE ARE HIRING: Choppies Distribution Centre (Pty) LtdJanuary 30, 2023
    Commercial And Systems Manager Closing Date: 11th February 2023
  • Killings of journalists up 50% in 2022, half targeted off duty    January 25, 2023
    Eighty-six journalists and media workers were killed around the world in 2022 – one every four days, according to UNESCO data, highlighting the grave risks and vulnerabilities that journalists continue to face in the course of their work.   […]
  • Judge Tau; please don’t stifle public scrutiny of the Court of AppealJanuary 25, 2023
    Her utterances are misplaced and must be condemned with the contempt it deserves ADAM PHETLHE The Patriot on Sunday dated 15 January 2022 carried an article titled ‘Judge Tau defends CoA Integrity’, with sub-headings “Complains of discrediting reckless statements; […]
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