Celebrated city lawyer Male Mabirizi, has dragged government to court seeking to quash a recent parliamentary resolution to guarantee payment of U$379.7million (shs1.3 trillion) loan for the construction of an ultra-modern hospital in Lubowa.
Parliament last week passed a resolution committing the government to guarantee the said money for the project that will be a joint venture between FINASI and ROKO construction Ltd.
Mabirizi in his suit says the resolution passed by parliament was done illegally and should be reversed.
“Despite protestations on the legality, common sense and viability of the proposal, the presiding Speaker, Rebecca Kadaga put the matter to a random vote and at the time of putting the matter to the vote, Parliament lacked the required quorum of the required one-thirds of all the members and hence the Speaker acted ultra vires, with material irregularity and illegality in putting the matter to vote,” Mabirizi says in his affidavit.
“When the speaker put the question whether to approve the majority committee report or not, I observed that the voices which were not in support of approval of the majority Committee Report were more than those in support, but to my surprise, the Speaker ruled that the majority report was approved.”
The lawyer argues that the process of passing the resolution that guaranteed payment of the money for the construction of the hospital contained a number of irregularities and that the outcome cannot be upheld.
According to Mabirizi, the resolution passed by parliament was unreasonable, unfair, contrary to common sense and an uncalled for burden on the taxpayers of this country.
He also argues that Kadaga acted illegally by putting the motion to vote yet parliament lacked the required quorum of one third of all members of parliament but it went ahead to pass the resolution.