If a MNA is absent without Assembly leave for 40 consecutive sitting days, the Speaker brings the fact to the Assembly’s attention. Any member may then move that the absent member’s seat be declared vacant. The Assembly may defer, reject, or accept this motion, but the House may not consider it before seven days have elapsed from the day the motion was moved.
Why it matters for the National Assembly proceedings?
The 40-day rule is one of the most concrete attendance accountability mechanisms in the rules. Forty consecutive sitting days without leave — not calendar days — represents a substantial dereliction of duty as elected representative. The Assembly’s discretion to defer or reject the motion preserves flexibility for genuine emergencies, while the seven-day period gives the affected member’s colleagues time to investigate.
What is in it for citizens?
Citizens whose representative is absent from the Assembly for extended periods without explanation should be aware that this mechanism exists. An absent member does not automatically lose their seat — but the Assembly has the power to declare the vacancy. Tracking whether this mechanism is ever invoked is itself a measure of the Assembly’s willingness to enforce its own attendance standards.
Source: Rule 44, 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.
