Warning: Trying to access array offset on value of type bool in /usr/www/users/urnnet/a/story.php on line 43
Supreme Court Schedules Submissions in Zaake's Impeachment Case :: Uganda Radionetwork
Breaking

Supreme Court Schedules Submissions in Zaake's Impeachment Case

The posts were in response to a comment made by Anita Among that despite allegedly being tortured by security, Zaake was able to win a gold medal for Parliament in the East African Legislative Assembly Games held in Tanzania.
28 Feb 2024 15:49
Mityana Municipality Member of Parliament (Left) listening to Counsel Erias Lukwago.

Audio 3

The Supreme Court has issued timelines for the parties to file their respective submissions in the case in which the Attorney General is challenging a decision that nullified the impeachment of MP Francis Zaake from the Office of Parliamentary Commissioner.

Zaake was impeached by fellow legislators in March 2022, following abusive comments he posted on social media disparaging the Speaker of Parliament Anita Among. The posts were in response to a comment made by Anita Among that despite allegedly being tortured by security, Zaake was able to win a gold medal for Parliament in the East African Legislative Assembly Games held in Tanzania.

The comments came at a time when legislators were up in arms over a reported increase in cases of torture perpetrated by security agencies in the country. Following his online tantrums, Among sent the matter to the Committee on Rules, Discipline, and Privileges which found Zaake in breach of trust and decorum and sanctioned his dismissal.

However, Zaake successfully challenged his impeachment before the Constitutional Court which faulted Parliament for breaching its own rules of procedure during Zaake's disciplinary hearings and ensuing debates.

The Court sided with Zaake, stating that there was no quorum when the resolution was passed, and the motion was irregularly added to the order paper. The Court faulted Among for not heeding advice from the Leader of the Opposition to postpone the proceedings until the late Speaker, Jacob Oulanyah who had been indisposed, could return to preside over the session.

In a majority decision of four Justices against one,  the Constitutional Court on September  28, 2023, ruled that Anita Among, the then Deputy Speaker Anita who presided over the impeachment proceedings violated the principles of natural justice by not recusing herself as the complainant. 

Justice Irene Mulyagonja who wrote the lead judgement said Anita Among acted with bias by presiding over a session in which she had a personal interest. The Judge said that this failure to address her conflict of interest reflected bias and a breach of the Code of Conduct for Members of Parliament.

However, the Court upheld the Privileges Committee's report and recommended its implementation, clarifying that there was no need for an injunction to halt the resolution's implementation since it had already been invalidated.

Following the decision,  the Attorney General filed an appeal to the Supreme Court seeking to set aside the decision of the lower Court. It's against this background that the Court has asked the parties to file their submissions.

Today, the Supreme Court presided over by Lady Justice Percy Night Tuhaise directed the Attorney General who was represented by State Attorneys Richard Adrole and Sam Tusubira to file and serve their submissions by March 14, 2024, and Zaake who was represented by lawyer Erias Lukwago to file his response by March  28, 2024.

The Judge further directed that the Attorney General should make a rejoinder if there is any on April 8, 2024. The parties will then be informed of the date on which to return to Court to make oral highlights before a panel of Seven Justices.

Although the National Unity Platform has already appointed former Leader of Opposition  Mathias Mpuuga as a Commissioner, Zaake and his lawyer insist that the Supreme Court ought to expedite the hearing of the case because it touches on the Constitutionalism of the acts of parliament.

Lukwago//Cue in: "But it is...

Cue out... supposed to be."//

//Cue in;  "Kyetusaba Omusango guno...

//Cue out...Ssemateka awebwe ekitibwa."//

Luganda//Cue in: "Emisango jino...

Cue out...Omusango teguvunda."//

Support us


Images 1

Keywords