Bill will take country back to the dark ages

The Parliamentary Powers and Privileges Bill presently before the National Assembly is premised on the need to update the existing law so that it conforms to the new Constitution.

Instead of a Bill that advances the law so that it lives up to the letter and spirit of the Constitution, however, the proposed law will take Parliament backwards to the intolerant regime of secrecy and lack of accountability.

Rather than seek to open up Parliament to greater scrutiny, the Bill does the opposite by introducing limitations to the enjoyment of the basic freedoms guaranteed by the Bill of Rights, including media freedom, freedom of information and right of access to justice.

In regard to witnesses called before a parliamentary committee, it is also proposed that the right to a fair hearing be restricted.

EXTEND IMMUNITIES

The new law also seeks to extend the immunities and privileges enjoyed by MPs in a fashion that raises serious questions whether the intention is to establish supremacy over the Judiciary and provide immunity against civil and criminal prosecution.

Most curious is the proposal for an entirely new offence known as Defamation against Parliament. What this means is that publication of information that offends MPs becomes a criminal offence by which journalists can be subjected to fines or imprisonment.

It also appears that the penalties will be decided and levied by Parliament acting in its own case as complainant, prosecutor, judge and executioner.

The Bill cannot be allowed to pass in its current form. All the proposals that offend the liberties and freedoms guaranteed by the Constitution must be removed.

Parliament must be reminded again that it does not have the power to make laws that offend the Constitution. Any such laws remain null and void.