When a Member of the National Assembly (MNA) is to be arrested on a criminal charge or detained under an executive order, the arresting judge, magistrate, or executive authority must immediately seek the Speaker’s approval, indicating reasons of such arrest. After the arrest, the authority must intimate the Speaker of the place of detention. This rule was substantially revised by amendment in October 2022.
Why it matters for the National Assembly proceedings?
While the language of the rule says that the arresting or detaining authority must immediately seek the approval of the Speaker when an arrest has to be made, the heading uses the words “Approval of the Speaker before arrest, detention, etc.” It gives the Speaker prior notice of such action against a member, placing that action on the public parliamentary record. However, this is not a veto on arrests, but it creates a formal communication requirement.
What is in it for citizens?
Arrests of sitting members are among the most sensitive interactions between the executive and the legislature. Questions worth considering in any such issue include: Did the arresting authority seek the Speaker’s approval before the arrest? Was the Speaker informed of the place of detention? These procedural steps create accountability around one of the most politically charged uses of executive power.
Source: Rule 103, Rules of Procedure and Conduct of Business in the National Assembly, 2007
The proceedings of the National Assembly are governed by the Rules of Procedure and Conduct of Business in the National Assembly, 2007. The current rules were passed on 23 February 2007 and have since been amended 21 times, most recently on 22 October 2024.
This post is part of FAFEN’s series on parliamentary literacy. Read more of this series here.
