MONATE WA MOLAO....KE EO PRECEDENCE MZWINILA v THE ATTORNEY-GENERAL 2003 (1) BLR 554 (HC) Citation: 2003 (1) BLR 554 (HC) Court: High Court, Lobatse Case No: Misca No 128 of 2003 Judge: Kirby J Judgment Date: June 20, 2003 Counsel: C K K Kanjabanga for the applicant. Muchiri for the respondent. Flynote Statute - Operation of - Proclamation 24 of 1961 - Section 22 of proclamation still part of law of Botswana - E Proclamation not repealed even though omitted from two subsequent editions of the Laws of Botswana. Parliament - Proceedings of - Privilege of Parliament to regulate its own procedure - Law in Botswana recognises such privilege - Parliament to be sole judge of its affairs - Constitution of Botswana, s 76(1) - Privilege of exclusive jurisdiction of parliament to regulate its own internal procedures is one of concomitants of sovereignty of parliament - Any F diminution of any of privileges of parliament must be clear and unambiguous - Section 76(1) of Constitution to be interpreted to preserve and not to diminish exclusive privilege of parliament to regulate its own affairs - Court having no jurisdiction to inquire into exercise by Speaker of Parliament of his discretions under Standing Orders of Parliament into internal proceedings, of which noting and acceptance or rejection of parliamentary questions form part. G Courts - High Court - Court having no jurisdiction to inquire into exercise by Speaker of parliament of his discretions under Standing Orders of Parliament into internal proceedings, of which noting and acceptance or rejection of parliamentary questions form part. Headnote Held: (1) Section 22 of Proclamation 24 of 1961 still remains part of the law of Botswana. It has not been H repealed, notwithstanding its omission from two subsequent editions of the Laws of Botswana. (2) The law in Botswana does take notice of the privilege of parliament to regulate its own procedure. It does so by s 76(1) of the Constitution of Botswana. This is a clear case where parliament is to be the sole judge of its affairs, as demonstrated by s 76(1) and the background thereto and other legislation and practices relating to parliament. The privilege of exclusive jurisdiction to regulate its own internal A procedures is one of the concomitants of the sovereignty of parliament. Any diminution or cancellation of any of these privileges of parliament must be clear and unambiguous. Such is not to be achieved by inference or interpretation alone. Section 76 (1) of the Constitution must be interpreted to preserve and not to diminish the exclusive privilege of parliament to regulate its own affairs. B (3) The High Court has no jurisdiction to inquire into the exercise by the Speaker of Parliament of his discretions under the Standing Orders of Parliament, nor into the implementation of his decisions by the parliamentary staff, insofar as these decisions relate to the internal proceedings and procedures of parliament. The noting and acceptance or rejection of parliamentary questions form part of parliaments internal proceedings.
Posted on: Wed, 29 Oct 2014 14:19:14 +0000
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