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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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  • VACANCIES: BR PropertiesMay 17, 2022
    INTERNSHIP OPPORTUNITY Finance and Administration Closing date: 18th May 2022.
  • BANANA CLUB HOSTS FIRST MAUN EDITIONMay 17, 2022
    The artist-led collective, Banana Emoji Productions in collaboration with the European Union Delegation in Botswana hosted the beloved BANANA CLUB dialogues in Maun on the 14th of May 2022.  The multi-disciplinary creative group is committed to working with artists […]
  • Orange Botswana CEO among Africa’s most inspirational women in leadershipMay 12, 2022
    – Declares House of Rose House of Rose Professional Pte. Ltd (HORP) has announced its 2022 List of Africa’s Most Inspirational Women in Leadership. The list included over 100 inspirational leaders and was curated by House of Rose Professional […]
  • Unions ‘consider’ a Workers PartyMay 12, 2022
    Masisi snubbed trade unions on Workers Day, chose Khawa BOFEPUSU warn Masisi that Khawa could cost him elections Opposition will be top beneficiary of a Workers Party -Analyst BAKANG TIRO editors@thepatriot.co.bw Aggrieved trade union federation, Botswana Federation of Public, […]
  • Munyadzwe breeds, commercialises phane wormMay 12, 2022
    “We have had clients from as far as England, Ethiopia, Nigeria, Ghana and they really like the phane worms. People are talking about snack protein, and we are part of that revolution, food security, healthy sources of protein, going […]
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