Zaake Petitions Constitutional Court
Mityana Municipality Member of Parliament Francis Zaake has petitioned the Constitutional Court to block his removal from office as a Commissioner of Parliament.
Zaake also wants court to restrain Parliament from demanding a public apology from him in one week. He has asked court to direct Parliament to stop the resolution until his constitutional petition is determined.
The NUP Legislator was ousted from office on March 10, 2022, after 155 legislators in the August house signed a petition to fire him over use of un-parliamentary language. Similarly, the Committee of Rules, Discipline and Privileges found Zaake guilty of indiscipline, breach of public trust and Parliament decorum.
In his Petition, Zaake through his lawyers led by Erias Lukwago claim that Parliament voted for his dismissal without quorum contravening the Parliamentary Rules of Procedure.
“The parliament of Uganda passed the impugned resolution without obtaining the vote of at least half of all voting members of Parliament in contravention of Articles (2)1 and (2) 88 and 94(1) of the constitution of the Republic of Uganda and Rule 110 (6) of Parliamentary Rules of Procedure,” the Petition reads in part
They argue that unless the status quo is maintained, there is an imminent threat that Zaake’s fundamental rights entitlements, Privileges and responsibilities attached to the office of the commissioner will be jeopardized.
The current Parliament of Uganda has more than 528 legislators and ex-officials but the evidence submitted to court shows that only 161 MPs participated in the voting exercise.
His Lawyer Erias Lukwago has accused the Deputy Speaker Anita Among of treating Parliament like a big brother house. Lukwago says Zaake
Zaake Petitions Constitutional Court
“Those who have watched Big brother know how members were summoned into isolated rooms and squeezed for doing something wrong in the house and later evicted, But Parliament is a house of honour and one of the reasons we are fighting besides justice for Zaake is to restore the honour of the August house,” Lukwago says
Zaake says the petition is not to defend himself but the sanctity of Parliament.
“Parliament and leadership we are on a huge test.Whatever was done was wrong, illegal and unconstitutional, I have not come to defend myself but Parliament, and am doing it for generations to come, even the rules committee didn’t have the jurisdiction to question me,” Zaake says
Zaake has also faulted the Rules Committee for making its report without quorum in the committee.
The evidence submitted to court also indicates that the motion to remove Zaake from office was smuggled onto the floor of Parliament because on that day, it was not on the order paper and that he was also not accorded a right to a fair hearing.
“The petitioner was not given any opportunity to answer issues raised in the debate that preceded voting on the impugned motion before the members physically present in the Parliamentary Chambers cast their votes”, reads Zaake’s affidavit.
Compiled by Rashidah Nakaayi
