The Constitutional Court has quashed Speaker Anita Among’s decision to remove Mityana Municipality MP, Francis Zaake as a Parliament commissioner.
In the ruling delivered on Thursday, 28 September 2023, the court ruled that Among offended the rules of natural justice and had no quorum in Parliament by the time the decision was made, among others.
The court ruled that several parliamentary rules of procedure were illegally suspended. These suspensions included amending the order paper to include a resolution to expel Zaake from the commission without giving him the opportunity to defend himself.
The Constitutional Court ruled that it was wrong for Among to be the complainant, prosecutor and judge in this matter.
A panel of five judges; Catherine Bamugemereire, Muzamiru Kibeedi, Eva Luswata, Irene Mulyagonja and Kihika heard the petition.
Speaking after the ruling, Zaake said: “I’m a still a commissioner of Parliament, according to the outcome of this case. It has been cleared today that the legislature as an arm of government does not respect the laws it makes. Madam Anitah Among is not supposed to be called Right Honorable because she doesn’t follow the law. She thought she was untouchable but today, she has been touched.”
NUP Secretary General David Lewis Rubongoya said justice has been served.
“NUP refused to nominate another person to fill Hon. Zaake’s office because in doing so, we would have conspired in defeating the rule of law. Grateful to all the lawyers who fought alongside Hon. Zaake in his quest for justice,” Rubongoya said.
Parliament Director of Communications Chris Obore said they would study the court ruling and decide on the next course of action.
“We have received the court judgement regarding Hon Francis Zaake’s removal from the Parliamentary Commission. The judgement recognises the report of the Committee on Rules and Privileges but faulted the Plenary Process. We respect the decision of court and we will study it and act in accordance with the law,” he said.
On March 10, 22, a total of 155 MPs voted to remove Mr Zaake from the position after being found guilty of disparaging the speaker.
But Zaake challenged his impeachment before court, saying the presentation, debate and adoption of the motion, lack of supporting signatures and also the failure to put the impeachment motion on the Order Paper of the day were not right.
The MP claimed the move by his colleagues to investigate him over allegations that were committed outside the House on social media contravened Article 94(1) of the Constitution.
KEY TAKE HOMES FROM THE ZAAKE LEAD JUDGEMENT.
1. The conduct of Members of Parliament even though online, must conform to the code that they agreed upon when they passed the rules of procedure of the 11th Parliament.
2. Parlaiment did not abdicate its responsibility to provide for different quorums for different purposes as it is required by article
3. The Rules of procedure of Parliament in respect to Quorum are therefore consistent with Article 88(2)of the constitution.
1. I would therefore find that the quorum of the committee on rules ,privileges and discipline on signing the report on the inquiry into allegations of misconduct and misbehavior against Hon Zaake ,was consistent with both Rules 197(1)and (2) of the Rules of procedure and that in addition , the report of the committee on rules was a valid report pursuant to the Rules of procedure of Parliament and the code of conduct thereunder ,consistent with Rules 85 and 175 thereof.
5. The order to annul the report of the committee on Rules, privileges and privilege on the investigation against the alleged misconduct and misbehavior of Hon Francis Zaake Butebi is denied; Parliament may implement the recommendations in the report in conformity with the Law.
