Consultants working a draft review of the National Assembly Powers and Privileges Act have recommended that Members of Parliament (MPs) should be immune from arrests for criminal offenses and civil debt at any time during meetings of Parliament.

The recommendation is contained in a draft report, which the consultants Dye Mawindo and Edgar Kachere, presented to chairpersons of parliamentary committees at a workshop on Tuesday in Lilongwe.

Currently, Section 4 (a) states that a member shall not be liable to arrest for any civil debt while going to, attending at or returning from a 'sitting' of Parliament while Section 4 (b) states that a member will not be liable to arrest for a criminal offense within the precincts of the Assembly while Parliament is sitting without consent of the Speaker.

The consultants have recommended that the words “sitting” be substituted with “meeting” in line with Standing Orders 3(3) which define a 'sitting' as a period of time between one business day to the other and 'meeting' is defined as the period between when the Assembly first assembles after being summoned and the time it adjourns sine die.

“We believe that the meaning used by the Standing Orders suggests that a member could be arrested during the period between one business day to the other. We wonder whether this could have been intended. It may be preferable to use the word 'meeting' instead,” reads the recommendation on freedom from arrest for civil debts.

On criminal offenses, the consultants also recommended that the word 'sitting be substituted with 'meeting' but an arrest could be effected during the period with the consent of the Speaker.

They argued that obtaining consent was the proper thing to do as it would accord the Speaker the respect due to his office.

The review of the Act is also examining other privileges accorded to MPs and National Assembly such as freedom of speech, freedom from service of court processes and power to restrict access to its premises

Powers which the draft report has examined are power to procure information and power to permit arrested/detained MPs to attend Parliamentary sittings.

On allowing detained or arrested MPs to attend Parliament, the consultants recommended that the MPs should be allowed to attend Parliament as long as judgment has not been handed down.

“In most countries including Malawi, Parliamentarians lose their mandate once they are sentenced to a specific term of imprisonment and question of attendance therefore no longer arises,” the consultants stated.

Commenting on the draft report, Second Deputy Speaker Juliana Mphande said Parliament kickstarted the process because the Act currently in force was very outdated.

“Without clearly defined powers, can we oversee? Legislate let alone represent our constituent? The answer is no. Without clearly stated privileges and enforcements, how can we fulfill our legislative, representative and oversight mandates be outlined. It’s difficult,” she said.

Consultations on the draft review are ongoing for other stakeholders to give their views.

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