The Gambia 2020 Draft Constitution - Page 10 of 25

Table of Contents

CHAPTER IX. THE LEGISLATURE

PART I. PRINCIPLES OF PARLIAMENTARY GOVERNANCE

134. Governing Principles

The National Assembly is a key organ of State that comprises persons who individually and collectively represent the entire population of The Gambia, irrespective of differences in ideology, belief or political party affiliation
The National Assembly co-exists with the other organs of the State and sets the stage for the governance of the country, while at the same time providing an invaluable oversight function on the workings of the Executive whose role is to enforce this Constitution and the laws enacted by the National Assembly.
The National Assembly, as an institution, represents the diversity of the people of The Gambia to whom it has the distinct responsibility of providing good leadership and taking appropriate measures to foster national cohesion, unity, peace and security.

135. Duties generally

The principal role of the National Assembly is to enact legislation for the governance of The Gambia and to review such legislation from time to time as the need arises.
The National Assembly shall perform the functions outlined for it under this Constitution and other laws, including–
1. ratifying all treaties, including bilateral and multilateral agreements entered into by the Government;
2. ensuring that legislative measures to be debated by the Assembly benefit, to the extent feasible, from expert and public opinions before such measures are considered for enactment; and
3. keeping the people informed of all other measures debated or to be debated in the Assembly that have or are likely to have an impact on the livelihood of the people and, where possible, advise the people on any options available to them.
Where the National Assembly is required under this Constitution to confirm or approve an appointment in relation to an office established under this Constitution or any other law–
1. the National Assembly shall, within fourteen days of the receipt of the request for confirmation or approval, take a decision on the request; and
2. where the National Assembly votes not to confirm or approve the appointment, the National Assembly shall, within three days of that vote, provide reasons in writing for its decision to the President.
Where the National Assembly fails to act under subsection (3) (a) or (b), the appointment shall be deemed to be confirmed or approved.
For the purposes of confirming or approving appointments under this Constitution, the National Assembly shall–
1. be guided by the relevant criteria established in respect of the qualifications or disqualifications of an office to which appointment is to be made;
2. give credence to the guiding principles applicable in respect of the relevant organ of State to which an appointment relates, including the guiding principles set out in section 134;
3. exercise good judgment without reference to any differences in ideology, belief or political party affiliation; and
4. treat any person that is the subject of confirmation or approval with respect and dignity and without discrimination.
In addition to the requirements of subsection (5), the National Assembly shall provide in the Standing Orders of the Assembly the procedures that will guide the confirmation or approval process.

PART II. ESTABLISHMENT AND COMPOSITION OF THE NATIONAL ASSEMBLY

136. Establishment and composition of the National Assembly

There is established the National Assembly of The Gambia.
The National Assembly shall comprise the number of persons specified in Schedule 3, representing the constituencies therein specified.
The Speaker shall be an ex officio member of the National Assembly, without a vote.
A person elected to the National Assembly only becomes a member of the Assembly upon subscribing to the prescribed oaths.
For the purposes of the election of a Speaker and Deputy Speaker under sections 145 and 146, an elected person may participate in such election before subscribing to the prescribed oaths.

137. Qualifications for membership to the National Assembly

A person is qualified to be nominated and to contest for election to the National Assembly if he or she–
1. is, subject to subsection (3), a citizen of The Gambia;
2. has attained the age of twenty-one years;
3. has attained a minimum of a senior secondary school certificate or equivalent and is able to speak the English language with a degree of proficiency sufficient to enable him or her to take part in the proceedings of the National Assembly; and
4. has, at least six weeks before the date for nomination, lodged a declaration of his or her assets with the Anti-Corruption Commission in such form as the Commission may determine.
The Anti-Corruption Commission shall, upon receipt of an assets declaration from a candidate under subsection (1) (d), conduct necessary investigations and submit a report to the Independent Boundaries and Electoral Commission before the date of nomination confirming whether or not the candidate has made an accurate declaration.
A person who is registered or naturalised as a citizen of The Gambia is eligible to be nominated and to contest election to the National Assembly if, by the date of nomination, he or she has been a registered or naturalised citizen for a period of at least ten years.

138. Disqualifications for membership of the National Assembly

No person is qualified to be nominated for election as a member of the National Assembly if he or she–
1. as a registered or naturalised citizen, holds the citizenship or nationality of a country other than The Gambia;
2. is an honourary citizen;
3. is declared to be of unsound mind;
4. subject to subsection (2) (a), has, during any period of service in a public office or in the private sector in The Gambia, been terminated or dismissed for dishonesty or immoral conduct;
5. has, within ten years immediately preceding the date of nomination for election as a member of the National Assembly, been found liable for gross misconduct or misbehaviour, or negligence or corruption by a commission of inquiry;
6. has been convicted by a court or tribunal of competent jurisdiction of–
  1. an offence involving dishonesty or immoral conduct; or
  2. any other offence for which he or she has been sentenced to a term of imprisonment of twelve months or more;
7. has, within ten years immediately preceding the date of nomination for election as a member of the National Assembly, been convicted by a court for abuse of office, corruption, or any offence, connected with public elections;
8. has, at any time within ten years immediately preceding the date of nomination for election as a member of the National Assembly, been found by a court or tribunal of competent jurisdiction to have advocated ethnic or religious hatred, hatred resulting in vilification of others or incitement to cause harm;
9. unless granted leave of absence in accordance with section 269, holds a public office or an office in the public service;
10. is a member of a disciplined force;
11. is an elected member of a Local Government Authority;
12. is a Seyfo or an Alkalo;
13. has been adjudged a bankrupt and has not been discharged, or has entered into an arrangement with creditors;
14. is found to have made a false declaration of his or her assets by the Anti-Corruption Commission in relation to the election at which he or she wishes to be nominated for election as a member of the National Assembly; or
15. has failed to submit to the Independent Boundaries and Electoral Commission on the date of nomination for election as National Assembly member a certificate from the authority responsible for the collection of taxes that he or she has paid all taxes due from him or her.
The disqualification mentioned in–
1. subsection (1) (d) does not apply if the termination or dismissal, as the case may be, has been litigated before a court of competent jurisdiction and the person has been found not to have acted dishonestly or immorally;
2. subsection (1) (e) does not apply if the finding of the commission of inquiry has been overturned on appeal; and
3. subsection (1) (f) does not apply if the conviction has been overturned on appeal or if the person has been granted a pardon.

139. Election of members of the National Assembly

The general election of all the members of the National Assembly shall be held on the same day as the election of President, save where there is an alteration of the term of office of the President as a result of death, resignation, removal on the ground of mental or physical incapacity or impeachment of the President.
Where the Independent Boundaries and Electoral Commission considers that an emergency situation has arisen which makes it impossible for a general election to be held on the appointed day, it shall make an application to the Supreme Court to postpone the general election.
The Supreme Court shall, upon receiving an application under subsection (2)–
1. determine whether the emergency situation contained in the application is of such a nature as to warrant postponement of the general election; and
2. fix a new date for holding the general election, if it considers that the postponement of the general election is warranted.
If the Supreme Court determines that the emergency situation contained in the application of the Independent Boundaries and Electoral Commission is not of a nature that warrants postponement of the general election, it shall make an order directing that the general election be held on the appointed day and the Commission shall comply.
The process and procedures for the conduct of general election and other related matters shall be such as may be provided in an Act of the National Assembly.
The provisions of this section are subject to section 140.

140. Term of the National Assembly

Subject to subsection (2), the National Assembly shall have a term of five years and shall stand dissolved on the day immediately before a general election of members.
At any time when The Gambia is at war or a state of public emergency is declared, the National Assembly may, by resolution supported by the votes of not less than two-thirds of all the members, extend the life of the National Assembly.
The power of the National Assembly to extend the life of the Assembly under subsection (2) shall be for periods of not more than three months at a time, but the life of the Assembly shall not be extended for a total period of more than one year.

141. Vacancy in the office of member of the National Assembly

The office of a member of the National Assembly becomes vacant if–
1. the member dies;
2. the member renounces his or her Gambian citizenship;
3. the member is declared to be of an unsound mind;
4. the member resigns his or her office as provided in section 309;
5. the member accepts appointment in a private position, or in a regional or international body other than in the capacity as a member of the National Assembly and following the nomination or approval of the Assembly;
6. the National Assembly is dissolved;
7. any circumstances arise that, if he or she were not a member, would cause him or her to be disqualified to be nominated for election as a member;
8. having been elected as a member of a political party, he or she voluntarily resigns from that political party, joins another political party or opts to sit as an independent member;
9. having been elected a member as an independent candidate, he or she joins a political party;
10. being a member representing a single seat constituency, an administrative area or the group representing persons with disabilities, he or she is recalled by the electorate of that constituency or group in accordance with section 144; or
11. without the permission in writing of the Speaker or reasonable cause, he or she is absent from ten or more sittings of the National Assembly during any period that the Assembly is in session and continues to meet.
The Speaker of the National Assembly shall immediately notify the Independent Boundaries and Electoral Commission of any vacancy among the members of the Assembly.
Subject to subsection (4), where the Independent Boundaries and Electoral Commission receives a notification under subsection (2), it shall hold a by-election in respect of the position of the member in the National Assembly that is vacant, in accordance with this Constitution and any Act of the National Assembly relating to elections.
A member of the National Assembly who is expelled by his or her political party from membership of that party shall remain as a member of the National Assembly in the capacity of an independent member for the remainder of the term of the Assembly.
A vacancy in the office of a member of the National Assembly shall not be filled within six months immediately before a general election.

142. Suspension of members of the National Assembly

The National Assembly may, by a resolution supported by not less than three-quarters of all the members of the Assembly, suspend a member who is found to be in contempt of the Assembly.
Where an act or omission which constitutes contempt of the National Assembly is an offence under the criminal law, the exercise by the Assembly of the power to suspend a member under subsection (1) for contempt shall not be a bar to the institution of proceedings under the criminal law.

143. Determining question of membership

Whenever a question arises as to whether a person has been validly elected as a member of the National Assembly or whether a member’s seat has become vacant, the question shall be determined on a petition to the Supreme Court.
The Supreme Court shall hear and determine a petition filed under subsection (1) within three months from the date of filing of the petition.

144. Recall of members

Subject to subsection (9), the registered voters of any single member constituency, administrative area or the national federation representing persons with disabilities, as the case may be, may recall their members in the National Assembly before the expiry of the term of the Assembly.
A member of the National Assembly may be recalled on the ground of–
1. gross misconduct or misbehaviour likely to bring hatred, ridicule, contempt or disrepute to his or her office;
2. violation of a provision of this Constitution; or
3. persistent failure to keep his or her constituents informed of decisions taken by the National Assembly or persistent absence from his or her constituency.
The registered voters of a single member constituency, an administrative area or the national federation representing persons with disabilities, as the case may be, may initiate the recall of their member of the National Assembly by petition in writing–
1. setting out the grounds relied on;
2. signed by not less than one-third of the registered voters; and
3. delivered to the Speaker and the member who is the subject of the petition.
Where the Speaker receives a petition under subsection (3), he or she shall transmit the petition to the Independent Boundaries and Electoral Commission to–
1. verify that the petitioners are registered voters of the constituency or administrative area concerned, or are entitled, as registered voters, to vote in the federation representing persons with disabilities;
2. confirm that the requirements of this section for recalling a member of the National Assembly have been satisfied or otherwise; and
3. provide a report to the Speaker within twenty-one days of the receipt of the petition with respect to the matters referred to in paragraphs (a) and (b).
The Independent Boundaries and Electoral Commission shall, before determining whether or not a case for the recall of a member of the National Assembly has been made out, invite the member concerned to make such representation to the Commission as the member considers fit, and the member may be represented by a legal practitioner of his or her choice.
If the Independent Boundaries and Electoral Commission, after considering the petition and the representation of a member of the National Assembly concerned (if any), reports to the Speaker that the case for the recall of a member of the National Assembly has been made out, the Speaker shall immediately declare the member’s seat vacant and notify the Chairperson of the Commission of that fact.
Where the Commission receives notification under subsection (6), it shall hold a by-election in respect of the member’s seat that has been declared vacant.
If the case for the recall of a member of the National Assembly has not been made out, the Speaker shall decline the petition for recall of the member.
Where the Speaker declares a member’s seat vacant under subsection (6) or declines a petition to recall a member under subsection (8), he or she shall cause that fact to be published in the Gazette.
A petition to recall a member of the National Assembly shall not be valid if it is made six months or less before the Assembly is due to be dissolved.

PART III. LEADERS OF THE NATIONAL ASSEMBLY

145. The Speaker

There is established the Office of Speaker of the National Assembly.
The Speaker shall be elected by the members of the National Assembly from outside the National Assembly in accordance with the Standing Orders of the Assembly and shall be a person who–
1. is a citizen by birth;
2. is qualified to be elected as a member of the National Assembly;
3. has proven experience in the public service, private sector or in academia;
4. had not been nominated for election as a member of the National Assembly in the public election immediately preceding his or her election as Speaker; and
5. is of high moral character and proven integrity.

146. Deputy Speaker

There is established the Office of Deputy Speaker who shall be elected from among the members of the National Assembly.
The Deputy Speaker shall, in addition to presiding in the National Assembly in the absence of the Speaker as provided in section 155, perform such other functions–
1. delegated or assigned by the Speaker; and
2. as are incidental to the office of Deputy Speaker or as may be provided in an Act of the National Assembly.
The National Assembly may, where it considers it expedient, elect two Deputy Speakers as follows–
1. one from the majority party or coalition of majority parties; and
2. one from the minority party or coalition of minority parties or an independent member.
Where there are two Deputy Speakers of the National Assembly, their roles and responsibilities shall, subject to subsection (2), be such as may be determined in accordance with the Standing Orders of the Assembly.

147. Election of Speaker and Deputy Speaker

The first order of business of the National Assembly after a general election is to elect a Speaker and Deputy Speaker and that shall be the only business of the Assembly for that day.
The Chief Justice shall preside at the election of a Speaker and Deputy Speaker.

148. Taking oaths and vacating office

The Speaker and a Deputy Speaker shall, before assuming office, subscribe to the prescribed oath in Schedule 2.
The Speaker or a Deputy Speaker vacates office if he or she–
1. dies;
2. resigns in accordance with section 309;
3. ceases to satisfy any of the qualifications for the election of a member of the National Assembly; or
4. is removed from that Office by a resolution of the National Assembly supported by the votes of not less than two-thirds of all the members of the Assembly.

149. Majority and Minority Leaders

There shall be a Leader of the Majority Party and a Leader of the Minority Party in the National Assembly.
The Leader of the Majority Party shall be the member who is the leader in the National Assembly of the largest political party or coalition of political parties.
The Leader of the Minority Party shall be the member who is the leader in the National Assembly of the second largest political party or coalition of political parties.
The Leader of the Majority Party and the Leader of the Minority Party shall be elected on the first sitting of the National Assembly after the sitting at which the Speaker and the Deputy Speaker were elected.
The order of precedence to be observed in the National Assembly is as follows–
1. Speaker;
2. Deputy Speaker;
3. Leader of the Majority Party; and
4. Leader of the Minority Party.
An Act of the National Assembly may make provision for the roles and responsibilities of the Leader of the Majority Party and the Leader of the Minority Party.

150. Remuneration and allowances

The Speaker, Deputy Speaker, Leader of the Majority Party, Leader of the Minority Party and other members of the National Assembly shall receive such remuneration and benefits, including retirement benefits, as an Act of the National Assembly may prescribe.

PART IV. SESSIONS AND SITTINGS OF THE NATIONAL ASSEMBLY

151. Sessions of the National Assembly

The Clerk shall, by Proclamation published in the Gazette, fix the first session of the National Assembly after a general election.
The first session of the National Assembly shall be held–
1. within seven days after the date of declaration of the results of the general elections; and
2. in such place in The Gambia and at such time as the Clerk may appoint.
The President may request the Speaker to summon a session of the National Assembly, if it is not already in session, in the event of a declaration of war or of a state of public emergency.
Subject to subsections (1), (2) and (3), the National Assembly shall determine the times of its sessions, but there shall be a session of the National Assembly at least once in every quarter.

152. Sittings of the National Assembly

Subject to subsection (2) and section 151, sittings of the National Assembly shall be at such times as the National Assembly shall appoint.
The Speaker shall summon a sitting of the National Assembly–
1. when requested to do so by the President; or
2. within seven days of a request for a meeting of the National Assembly made by not less than one quarter of all the members of the National Assembly.
The sittings of the National Assembly shall be open to the public, unless otherwise directed by the Assembly for good cause.

PART V. LEGISLATION AND OTHER POWERS OF THE NATIONAL ASSEMBLY

153. The legislative power

The legislative power of The Gambia shall be exercised by Bills passed by the National Assembly and assented to by the President.
The National Assembly shall not pass a Bill to–
1. establish a one party State;
2. establish any religion as a State religion; or
3. alter the decision or judgment of a court in any proceedings to the prejudice of any party to the proceedings, or deprive any person retroactively of vested or acquired rights.
Subject to subsection (2) (c), the National Assembly may pass Bills designed to have retroactive effect.
Where a Bill passed by the National Assembly is presented to the President for his or her assent, the President shall, within thirty days, assent to the Bill or return it to the National Assembly with the request that the Assembly reconsider the Bill.
Where the President requests the National Assembly to reconsider a Bill under subsection (4), he or she shall state the reasons for the request and any recommendations for amendment of the Bill.
Where the National Assembly has reconsidered a Bill as requested by the President under subsection (4) and has resolved by a vote of not less than two-thirds of all the members of the National Assembly that the Bill, with or without the amendments recommended by the President, be presented again to the President for his or her assent, the President shall assent to the Bill within seven days of it being so presented.
If the President fails to assent to the Bill within the period specified in subsection (6), the Bill shall be taken to have been assented to on the expiry of that period.
A Bill which has been duly passed by the National Assembly and assented to by the President shall become law as an Act of the National Assembly and the words of enactment shall be: “Enacted by the National Assembly and the President”.
The President shall cause Acts of the National Assembly to be published in the Gazette within fourteen days of assent.
An Act of the National Assembly shall not come into force until it has been published in the Gazette, but the Act may–
1. provide for the postponement of its coming into force; or
2. specify the date on which it comes into force.
Nothing contained in this section shall prevent an Act of the National Assembly from conferring on any person or authority the power to make subsidiary legislation.

154. Introduction of Bills and Motions

Subject to the other provisions of this section, a Bill or motion may be introduced in the National Assembly by a member of the Cabinet or by a member of the National Assembly, and the National Assembly shall give consideration to Bills and motions so introduced
No Bill, other than a Bill referred to in subsection (4), shall be introduced into the National Assembly unless it–
1. is accompanied by an explanatory memorandum setting out in detail the policy and principles of the Bill, the defects which it is intended to remedy and the necessity for its introduction; and
2. has been published in the Gazette and expert and public opinions invited on the Bill.
Subject to subsection (4), a Bill shall be published at least fourteen days before the date of its introduction in the National Assembly.
Where the President certifies that the enactment of a Bill is required in the public interest as a matter of urgency, the Bill may be introduced in the National Assembly.
Where a Bill is introduced pursuant to subsection (4), the Speaker shall cause a vote to be taken in the National Assembly without debate on a motion to give consideration to the Bill notwithstanding that the period of fourteen days has not expired.
Without prejudice to the power of the National Assembly to make any amendment, a member of the National Assembly shall not, without the consent of the Minister responsible for finance, introduce or give consideration to a Bill or motion that in the opinion of the person presiding makes provision for any of the following purposes–
1. the imposition of taxation or the alteration of taxation;
2. the imposition of any charges on the Consolidated Revenue Fund or any other public fund of The Gambia or the alteration of any such charge;
3. the payment, issue or withdrawal from the Consolidated Revenue Fund or any other public fund of The Gambia of moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or
4. the composition or remission of any debt due to the Government.
When a Bill is introduced into the National Assembly, it may be allocated to an appropriate committee for examination, and a report made to the National Assembly.

PART VI. PROCEDURE IN THE NATIONAL ASSEMBLY

155. Presiding in the National Assembly

The Speaker shall, at any sitting of the National Assembly, preside and shall perform such other function as is incidental to the Office of Speaker or as may be provided in an Act of the National Assembly.
In the absence of the Speaker, a Deputy Speaker shall preside and, where a Deputy Speaker is absent, the National Assembly shall elect a member to preside.

156. Vacancy and quorum

The National Assembly may act notwithstanding any vacancy in its membership, including any vacancy not filled when the National Assembly first meets after a general election.
The quorum of the National Assembly at the commencement of any sitting is one half of all the members.
If, subsequent to the quorum being attained, objection is taken by any member that there are present in the National Assembly (besides the person presiding) less than one quarter of all the members, and the person presiding is so satisfied, he or she shall immediately adjourn the sitting.

157. Language in the National Assembly

The business of the National Assembly shall be conducted in the English language or in any other language indigenous to The Gambia.
Where a member chooses to conduct a business of the National Assembly in a language indigenous to The Gambia, the translation of that language may only be made in the English language and Gambian sign language.
The National Assembly shall encourage and facilitate the progressive realisation of the use of languages indigenous to The Gambia in the conduct of the business of the Assembly within five years following the next general election after the coming into force of this Constitution.
For the purposes of this section, “language indigenous to The Gambia” includes the Gambian sign language.

158. Voting in the National Assembly

Except as otherwise provided in this Constitution, any matter proposed for decision in the National Assembly shall be determined by a majority of votes of the members present and voting.
The person presiding in the National Assembly shall have neither an original nor a casting vote and if, on any question before the National Assembly, the votes are equally divided, the motion shall be deemed to have been rejected.
Any member of the National Assembly who has a direct pecuniary interest in any matter proposed for discussion in the National Assembly shall declare the same to the person presiding and the vote of any such member on such a matter shall be disallowed and he or she shall be deemed not to have voted.

159. Unqualified person sitting or voting

Any person who sits or votes in the National Assembly, knowing or having reasonable grounds for knowing that he or she is not entitled to do so, is liable to such penalty as may be prescribed by an Act of the National Assembly, which penalty may be recovered by suit by the Attorney-General.

160. Regulation of procedure in National Assembly

Subject to the provisions of this Constitution, the National Assembly may regulate its own procedure and, in particular, may make Standing Orders for the conduct of its own proceedings.
Notwithstanding anything to the contrary contained in this Constitution or in any other law, no decision, order or direction of the National Assembly or any of its Committees or the Speaker relating to the Standing Orders of the National Assembly, or to the application or interpretation of Standing Orders, or any act done by the National Assembly or the Speaker under any Standing Orders, shall be enquired into by any court.

161. Committees of the National Assembly

The National Assembly shall appoint such Standing Committees, including Select or Special Select Committees, as it considers appropriate.
The National Assembly may appoint Committees to–
1. investigate or inquire into the activities or administration of Ministries or Departments of the Government, including Statutory Bodies and State Owned Enterprises, and such investigation or inquiry may extend to making proposals for legislation; and
2. investigate any other matter of public importance.
For the purpose of effectively performing its functions, each of the committees established under or pursuant to this section shall have all the powers, rights and privileges as are vested in the High Court at a trial in respect of–
1. enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise;
2. compelling the production of documents; and
3. the issue of a commission or request to examine witnesses abroad.
The Standing Committee appointed by the National Assembly under this section with respect to matters relating to finance and public accounts shall be chaired by the Leader of the Minority Party.

162. Contempt of the National Assembly

A person commits a contempt of the National Assembly if he or she by any act or omission–
1. obstructs or impedes the National Assembly in the performance of its functions;
2. obstructs or impedes any member or officer of the National Assembly in the discharge of his or her duties; or
3. affronts the dignity of the National Assembly.
A person who commits a contempt of the National Assembly under subsection (1) shall, in addition to any liability he or she may suffer under the criminal law, be liable to reprimand or admonition by the National Assembly.

163. Public’s right to petition the National Assembly

A member of the public has the right to petition the National Assembly on any matter within the authority of the Assembly, including a request to enact, amend, revise or repeal or revoke any legislation, or to debate a matter that is considered to be in the public interest or designed to ensure and promote governance, transparency and accountability.
A petition made under subsection (1) shall be addressed to the Speaker who shall bring the petition to the attention of members of the National Assembly.
The members of the National Assembly shall, upon receipt of a petition under subsection (2), deal with the petition in accordance with the Standing Orders of the Assembly.
An Act of the National Assembly may amplify the process and procedure relating to the public’s right to petition the Assembly.

PART VII. RESPONSIBILITES, PRIVILEGES AND IMMUNITIES

164. Responsibilities of members

Every member of the National Assembly shall, at all times–

maintain the dignity of the National Assembly both during the sittings of the Assembly and in his or her acts and activities outside the Assembly;
regard himself or herself as a servant of the people of The Gambia and desist from any conduct by which he or she seeks improperly to enrich himself or herself or alienate himself or herself from the people; and
discharge his or her duties and functions in the interest of the nation as a whole and, in doing so, shall be influenced by the dictates of conscience and the national interest.

165. Freedom of speech, privileges and immunity of members

There shall be freedom of speech and debate in the National Assembly and that freedom shall not be impeached or questioned in any court or place outside the National Assembly.
No civil or criminal proceedings shall be instituted against a member of the National Assembly in any court or other place outside the National Assembly by reason of anything said by the member in the Assembly.
No civil or criminal process issuing from any court or other place outside the National Assembly shall be served on or executed in relation to a member of the National Assembly while the member is within the premises of, or on his or her way to, or is attending or returning from any proceeding of, the National Assembly.
A member and the Clerk of the National Assembly shall not be compelled while attending the Assembly to appear as a witness in any court or place outside the Assembly.
Subject to subsection (6) and the provisions of this Constitution, no person shall be under any civil or criminal liability in respect of the publication of–
1. the text or a summary of any report, papers, minutes, votes or proceedings of the National Assembly; and
2. a contemporaneous report of the proceedings of the National Assembly.
Subsection (5) shall not apply if the publication was effected maliciously or otherwise than in good faith.

166. Privileges of witnesses

Every person summoned to give evidence or to produce any paper, book, record or other document before the National Assembly or any committee of the Assembly shall be entitled, in respect of his or her evidence or the production of such document, as the case may be, to the same privileges as if he or she were appearing before a court.
Where the President or any member of the Cabinet certifies that the disclosure of the contents of any document sought by the National Assembly or a committee of the Assembly will be injurious to the public interest or prejudicial to the security of the State, the Assembly or the committee, as the case may be, shall–
1. only give consideration to such document in private and under such conditions as will prevent the disclosure of the contents of the document outside the Assembly or the committee; and
2. not publish the document or its contents.
An answer by a person to a question put by the National Assembly shall not be admissible in evidence against him or her in any civil or criminal proceedings outside the National Assembly, other than in proceedings for perjury brought under the criminal law.

PART VIII. NATIONAL ASSEMBLY SERVICE AND NATIONAL ASSEMBLY SERVICE COMMISSION

167. Establishment of the National Assembly Service

There is established the National Assembly Service.
The National Assembly Service shall be self-accounting, and the moneys charged on the Consolidated Revenue Fund or appropriated by an Act of the National Assembly for the National Assembly Service, shall be paid quarterly into the account of the National Assembly Service.

168. Establishment of the National Assembly Service Commission

There is established the National Assembly Service Commission.
The National Assembly Service Commission shall comprise–
1. the Speaker, as Chairperson;
2. the Deputy Speaker and, if more than one, both Deputy Speakers;
3. the Leader of the Majority Party;
4. the Leader of the Minority Party; and
5. three persons (not being members of the National Assembly), at least two of whom shall be women, who have good experience in public service matters, appointed by the Assembly.
The Clerk shall serve as the Secretary to the National Assembly Service Commission and shall facilitate all the meetings of the Commission.
Unless a member of the National Assembly Service Commission dies, resigns or, in the case of an appointed member, is removed from office by the National Assembly, he or she shall, subject to subsection (5), serve in office for the period of the life of the National Assembly.
The members of the National Assembly Service Commission appointed under subsection (2) (e) shall continue in office until replaced by the next National Assembly following a general election.

169. Functions of the National Assembly Service Commission

The National Assembly Service Commission shall perform the following functions–

provide services and support to the National Assembly, including committees of the Assembly;
provide facilities for the efficient and effective functioning of the National Assembly, including the drafting of Bills and the obtaining of such reasonable information from relevant Government Departments as may be required for that purpose;
constitute offices in the National Assembly Service, and appoint and supervise office holders;
prepare annual estimates of expenditure of the National Assembly Service and subject to section 250 (3) (b), submit them to the National Assembly for approval;
exercise necessary budgetary controls over the National Assembly Service;
undertake, either alone or jointly with other relevant institutions and organisations, programmes to develop and promote the ideals of parliamentary democracy;
perform other functions, consistent with the Commission’s responsibilities, for the well-being of the members and staff of the National Assembly Service; and
perform such other functions as may be prescribed in an Act of the National Assembly.

170. Clerk and staff of the National Assembly

There is established the Office of Clerk of the National Assembly, and the Clerk shall be appointed by the National Assembly, acting on the advice of the National Assembly Service Commission.
The members of staff of the Office of the Clerk shall be appointed by the National Assembly Service Commission which shall provide their terms and conditions of service.
The Office of Clerk of the National Assembly and other offices under the Clerk shall be public offices in the National Assembly Service.
The National Assembly Service Commission may, by notice published in the Gazette, prepare and enact such rules and regulations as it considers fit for the efficient and effective functioning of the administration of the National Assembly Service, including the conditions of employment of the Clerk and his or her staff.