Propos de Cheikh Bara Ndiaye : Un juriste rappelle que « l’immunité parlementaire n’est pas l’impunité »
The remarks made by majority party MP Cheikh Bara Ndiaye on Wednesday in the Senegalese National Assembly during the vote on the law against unnatural acts continue to generate reactions. During his speech, the parliamentarian notably referred to President Bassirou Diomaye Faye as a "baby of the year," comments that have fueled public debate.
Reacting to this statement, legal advisor Babacar Guèye Mbaye was keen to remind everyone of the legal scope of parliamentary immunity in Senegalese law.
In a note made public, he emphasizes that this immunity was never intended as a shield against justice.
According to him, in Senegalese positive law, parliamentary immunity aims above all to protect the independence of the Legislative branch and to allow members of parliament to freely exercise their mandate.
The legal expert points out that this guarantee is enshrined in the Constitution of Senegal, in particular in article 61, as well as in the internal regulations of the National Assembly of Senegal, in article 51.
In his explanation, he clarifies that parliamentary immunity takes two forms: irresponsibility and inviolability. Irresponsibility protects members of parliament for the opinions they express and the votes they cast in the exercise of their duties. Inviolability, on the other hand, means that, except in cases of flagrant offense, no prosecution or arrest can be initiated against a member of parliament without the authorization of the National Assembly.
However, he emphasized, the law is clear. "In cases of flagrant offense, the judicial authority can intervene immediately," he stressed.
Thus, for Babacar Guèye Mbaye, parliamentary immunity constitutes an institutional guarantee intended to preserve the separation of powers, not a mechanism allowing individuals to evade the application of the law. "Parliamentary immunity cannot be equated with impunity," he insisted in response to the remarks of the Pastef deputy.
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