Zaake impeachment case: Judgement stalls over lack of quorum
MP Francis Zaake (R) addresses journalists as his lawyer and Kampala City Mayor Erias Lukwago (L) looks on, June 5, 2023. PHOTO/JULIET KIGONGO
Mityana Municipality MP Francis Zaake Monday morning stormed the Constitutional Court in Kampala demanding judgment in a case in which he filed seeking to overturn his controversial removal from the position of commissioner of Parliament for allegedly insulting Speaker Anita Among on social media.
However, the court's administrator Justice Geoffrey Kiryabiwre told Zaake, who was accompanied by his lawyer Erias Lukwago, that court suffered manpower shortage on quorum following the promotion of Justice Steven Musota to the Supreme Court. Justice Musota was one of the five judges who was on the panel that heard Zaake’s petition.
In his petition, Zaake details the events that took place prior to his alleged removal on March 10, 2022.
“The Parliament 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,” the court documents read in part.
He also states how each member of the Parliament’s Committee on Rules, Privileges and Discipline, who participated in his removal, received a kickback of Shs6m.
“The ex-gratia payment of Shs6m to each member of the committee as a reward for their participation in the committee’s proceedings and subsequent decision prejudicial to the petitioner, imposed an illegal charge on the consolidated fund in contravention of Article 8A, 93 and 79(3) of the constitution,” Zaake claims.
A total of 155 MPs voted to remove Zaake from the position after being found guilty of disparaging the speaker.
In his petition, Zaake also challenged the presentation, debate and adoption of the motion, lack of supporting signatures and also the failure to put the impeachment motion on the Order Paper of the day.
The MP claims the move by his colleagues to investigate him over allegations that were committed outside the House on social media contravened Article 94(1) of the Constitution.
However, the Attorney General while relying on the affidavit of the Clerk to Parliament Adolf Mwesige, asked court to dismiss Zaake’s case with costs on grounds that it did not raise any questions for Constitutional interpretation and that it was misconceived without any merit.
