By Hannah Marion Namukasa
The Attorney General has filed a notice of Appeal challenging the constitutional court ruling which was in favor of Mityana Municipality legislator Hon. Francis Zaake Butebi in matter of his dismissal from the position of Commissioner of parliament.
The ruling of four out of the five justices which came out on Thursday, September 28 pinned Speaker Among on violating the rules of natural justice, rules of procedures by amending the order paper within the sitting and taking a decision to dismiss Zaake with no quorum in Parliament at that time of the sitting.
A Joyous Zaake speaking to journalist’s moments after the ruling vowed to reclaim his position as commissioner of parliament and accused the Speaker of behaving like a dictator and not following the legal procedures of the House she leads.
However, this joy may be short lived after our sources in the Attorney general Chambers revealed that they have filed a notice of appeal since they don’t concur with the learned justices ruling.
Chris Obore the head of communication and public affairs at parliament through his X handle said that parliament had received the judgment and that they are to study it.
“”We have received the court judgment regarding Hon. Francis Zaake’s removal from the Parliamentary Commission. The judgment recognizes the report of the Committee on Rules & Privileges but faulted the Plenary Process.
We respect the decision of court and we will study it and act in accordance with the law,” said Chris Obore
Renowned lawyer Masserege Stephen on analyzing the learned justices ruling said that 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.
“Parlaiment 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 in respect to Quorum are therefore consistent with Article 88(2)of the constitution.
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.:” He said
Massegere added that since 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.
Background of the case
Hon Francis Zaake Butebi was March last year dismissed from being a commissioner on the committee of parliament which involves the Leader of the Opposition, the Speaker of parliament, and the prime minister on allegations that he insulted Speaker Among through a social media post via Twitter (now X).
Following a report by a report on the Rules, Privileges and Disciplinary Committee chaired by MP Abdul Katuntu found Zaake guilty of insulting the Speaker and a large number of legislators (155 in number) voted to remove him from the parliamentary commission.
In the aftermath of his dismissal, Zaake through his lawyers led by Erias Lukwago petitioned the Constitutional Court to overturn the resolution by parliament, on grounds that the August House passed “the impugned resolution without quorum in the House in contravention of Articles 2(1) and (2), 88 and 94(1) of the Constitution and Rule 110 (6) of the Parliamentary Rules of Procedure.”
He also claimed that that each member of the Parliament’s Committee on Rules, Privileges and Discipline, who participated in his removal, received a kick-back of Shs6m.
Thursday’s victory in favour of Zaake becomes the second parliamentary resolution to hit a dead end after a resolution earlier to remove Minister Namuganza from her position hit a snag with President Museveni stalling the approval of the parliamentary recommendations to have her dropped from the ministerial role.
