The Attorney General of Uganda Kiryowa Kiwanuka has filed a notice of Appeal blocking Mityana Municipality Member of Parliament, Francis Zaake Butebi’s Court ruling.
On September 28, 2023, the Constitutional Court in Kampala ruled that Zaake was illegally impeached as commissioner of parliament on the grounds that natural justice was not adhered to during the then Deputy Speaker of Parliament, Anita Among-led process.
Five Justices led by Catherine Bamugemereire, Eva Luswata, Irene Mulyagonja, Muzamiru Kibedi, and Osca Kihika ruled that the Speaker of Parliament had no quorum when she suspended MP Zaake over a Facebook post he made about her, among other reasons.
“The judge advised the Speaker to stop being the police, the prosecutor, and a judge in her own causes,” Lawyer Eron Kiiza, said on Thursday.
Consequently, Among has been ordered to compensate MP Zaake at a 1% interest.
What We Know Sofar
Our inside source has revealed that this could be temporally happiness for the legislator after the Attorney General filed an appeal in the ruling.
Analysis of the Zaake Judgement by a Practicing Renowned Lawyer
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. Parliament did not abdicate its responsibility to provide for different quorums for different purposes as it is required by Article 88. The Rules of Procedure of Parliament with respect to Quorum are therefore consistent with Article 88(2) of the constitution.
3. 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 misbehaviour 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.
4. The order to annul the report of the committee on Rules, Privileges and privileges on the investigation against the alleged misconduct and misbehaviour of Hon Francis Zaake Butebi is denied; Parliament may implement the recommendations in the report in conformity with the Law.