The Constitutional Court has rescinded parliament’s decision to suspend Mityana municipality MP, Francis Zaake, from the position of commissioner.
The court ruled that several rules of procedure were illegally suspended. These suspensions included amending the order paper to include a resolution to expel Zaake from the commission.
The court ruled that she offended the rules of natural justice and had no quorum in parliament by the time the decision was made.
Following the court’s decision, Chris Obore, Spokesperson of Parliament said the August house received the court judgment regarding Hon Francis Zaake’s removal from the Parliamentary Commission.
“The judge recognizes the report of the Committee on Rules and Privileges but faulted Plenary Process. We respect the decision the of court and we will study it and with the law,” he said on Twitter.
In March 2022, Zaake petitioned the Constitution Court challenging his removal from the Parliamentary Commission in a secret ballot conducted at Parliament, 155 out of 161 members voted for his removal from the Parliament Commission.
Through his lawyers led by Lord Mayor Erias Lukwago, Zaake said that parliament had no quorum to have him removed from the commission. He wants the court to nullify parliament’s decision and order for his reinstatement as commissioner of parliament.
He accused the Rules Committee members of Receiving Shs6 million worth of taxpayer’s money as a reward for participating in the committee proceedings that resulted in his removal from office.
Zaake’s removal followed parliament’s adoption of the report of the Committee of Rules, Discipline and Privileges with amendments presented by Chairperson, Abdu Katuntu.
The vote followed debate on the report of the committee that found Zaake in breach of public trust and confidence. Zaake was probed for statements he made on social media disparaging the Speaker, Anita Among.
During plenary sessions to honor parliament and staff who had participated in the East African Legislative Assembly Games in Arusha, Tanzania the Speaker said although Zaake was reportedly tortured and had a broken leg, he brought back a gold medal for Parliament. This prompted Zaake to go on social media where he authored the statements for which he was found guilty.
The panel of judges led by Catherine Bamugemereire, Christopher Izama Madrama, Stephen Musota, Muzamiru Mutangula Kibedi, and Irene Mulyagonja ordered parties’ lawyers to file all supported evidence that was not included in the petition and ordered that the judgment will however, be delivered on notice.