Section 6: Contempt of Assembly

6. Contempt of Assembly (1) Subject to subsection (2), each of the following acts, matters and things, constitutes the offence of contempt of the Assembly— (a) disobeying any order made by any committee acting within the scope of its authority for attendance for the purpose of giving evidence or of producing documents, unless the giving of the evidence sought or the production of the documents concerned is excused under section 14; [Issue 9] N6 – 2 Revised Laws of Mauritius (b) refusing to be examined before, or to answer lawful and relevant questions put by, any committee acting within the scope of its authority or to produce any relevant document in the possession or control of the person to whom the request is addressed, the production of which document is lawfully requested by any committee unless the refusal is excused under section 14; (c) refusing or wilfully failing to obey any rule or order of the Assembly, or any order of a committee acting within the scope of its authority; continued on page N6 (cid:177)(cid:3)(cid:22)(cid:3) N6 – 2 (1) [Issue 9] mittee acting within the scope of its authority or to produce any relevant document in the possession or control of the person to whom the request is addressed, the production of which document is lawfully requested by any committee unless the refusal is excused under section 14; (c) refusing or wilfully failing to obey any rule or order of the Assembly, or any order of a committee acting within the scope of its authority; continued on page N6 (cid:177)(cid:3)(cid:22)(cid:3) N6 – 2 (1) [Issue 9] Revised Laws of Mauritius (d) offering to, or acceptance by, any member or officer of a bribe to influence him in his conduct as such member or officer, or offering to, or acceptance by any member or officer of any fee, compensation, gift or reward for or in respect of the promotion of, or opposition to, any Bill, resolution, matter or thing submitted or intended to be submitted to the Assembly or any committee; (e) assaulting, molesting, obstructing, threatening or insulting any member in the vicinity of the precincts of the Assembly when such member is on his way to or going from a meeting of the Assembly or of any committee, or assaulting, molesting, obstructing, threatening, or insulting any member on account of his conduct in the Assembly or any committee, or endeavouring to compel any member by force, insult, or threat to declare himself in favour of, or against, any proposition or matter pending, or expected to be brought, before the Assembly or any committee; (f) assaulting, obstructing, resisting, threatening, insulting, molesting or otherwise interfering with an officer on his way to, or from, meetings of the Assembly or of its committees, or while in the execution of his functions or on account of these functions; (g) sending to a member any insulting or threatening letter, or challenging a member to fight, on account of his conduct in the Assembly; (h) creating or joining in any disturbance which interrupts or is likely to interrupt the proceedings of the Assembly or of any committee while the Assembly or committee is sitting; (i) misbehaving in a disrespectful, indecorous, improper or disorderly manner, within the precincts of the Assembly at any time between the commencement and final termination of a sitting on any day on which the Assembly meets; (j) tampering with, deterring, hindering, threatening, beguiling or in any way unduly influencing any witness in regard to evidence to be given by him before any committee; (k) assaulting, threatening, insulting or molesting any witness within the precincts of the Assembly or on account of the evidence given by such witness before any committee; (l) presenting to the Assembly or to any committee any false, untrue, fabricated or falsified document with intent to deceive the Assembly or the committee; (m) prevaricating or otherwise misconducting oneself as a witness before any committee; (n) publishing any defamatory statement or writing upon the Assembly or any committee, or upon any member touching, or relating to, his character or conduct as a member and with regard to actions performed or words uttered by him in the Assembly; N6 – 3 [Issue 1] National Assembly (Privileges, Immunities and Powers) Act (o) publishing perverted or biased reports of debates or proceedings of the Assembly or of any committee, or gross misrepresentations of the speeches of particular members; (p) accepting or receiving, either directly or indirectly, by a person who, in the practice of his profession or in the exercise of any trade or calling, is a partner or employee of a member, any fee, compensation, gift or reward in connection with the promotion of, or opposition to, any Bill, resolution, matter or thing submitted or intended to be submitted to the Assembly or any committee; (q) publishing by any member or officer or shorthand writer employed to take minutes of evidence before any committee of evidence taken by a committee or of the contents of the report of a committee before the committee has reported to the Assembly; (r) giving of evidence by any member or officer or shorthand writer employed to take minutes elsewhere than before the committee in respect of the contents of the minutes of evidence or the contents of any manuscript or document laid before the committee, or in respect of any proceedings or examination held before the committee, without the special leave of the Assembly, or, after a dissolution, of the Speaker, or, during a recess or on adjournment, of the Speaker or Deputy Speaker; (s) uttering or publishing any statement reflecting on the conduct or character of, or containing or amounting to an accusation of partiality in the discharge of his duty by the Speaker, Deputy Speaker or Chairperson of any committee; (t) service or execution in the Chamber or precincts of the Assembly of any legal or judicial process. (2) No statement shall be held to be a defamatory statement under subsection (1) (n) unless it is punishable under section 288 of the Criminal Code. (3) Any person who commits the offence of contempt of the Assembly shall, on conviction, be liable to imprisonment for a term not exceeding 3 months or to a fine not exceeding 1,000 rupees.