By CHIDI OBINECHE
in the State of California, United States of America, USA, which is one of the world’s biggest and oldest federations, the state constitution provides that each House may expel a member who is accused of wrong doing by a 2/3 vote of that House’s membership. The constitution does not provide for suspension; however, each House may, by majority vote suspend one of its members. In 2014, three senators were accused of felonies, and the Senate voted to suspend them. Under this suspension, they were not allowed to vote on bills or take other legislative actions, but continued to receive their salaries and benefits while suspended, because there was no mechanism to prevent this.
In Canada, the Senate may order a leave of absence for or the suspension of a senator where, in its judgment, there is sufficient cause. A senator on leave of absence or under suspension shall not attend any sitting of the senate or its committees. To avoid disqualification, a senator who is on leave of absence or under suspension for more than a full session may attend the senate once every session, provided that he sends to the clerk a signed notice indicating an intention to attend; the clerk shall table the notice; and the senator may then attend, but only on the sixth day the senate sits after the notice was tabled by the clerk (Constitution act, 1867). The session’s allowance otherwise payable to the senator shall be reduced, and he shall not be entitled to the use of any senate resources including funds, goods, services and premises as well as any entitlements for moving, transportation, travel and telecommunications. However, if he applies, the standing Committee on Internal Economy, Budgets and Administration may make senate resources available for use by the suspended senator. This does not include the suspended senator’s session allowance.
In Kenya, a senator faces suspension over conduct adjudged to be unparliamentary and a violation of the standing orders of the National Assembly. Stiffer penalties also apply including imprisonment for a term not exceeding two years, and or fine not exceeding KES10, 000, forfeiture of the bribe if the offence is bribe related. Under specific cases, a competent body is usually set up to try the offenders.
In Ghana, whenever in the opinion of the person presiding in parliament a statement made by a person is prima facie defamatory of any person, the person presiding shall refer the matter for inquiry to the Committee on Privileges which shall report its findings to parliament not later than 30 days after the matter was referred to it. If indicted, the person shall within 7 days render an apology to the House or person defamed. Where a member refuses to render the apology, the Speaker shall suspend that member for the duration of the session of the parliament and he shall lose all his parliamentary privileges, immunities and remuneration as required by law, but they shall be restored to him if, at any time before the end of the session, he renders the apology.