The Constitutional court has invalidated a parliamentary resolution that dismissed Mityana Municipality MP Francis Zaake from his position as a parliamentary commissioner.
In a majority 4-1 decision, the court ruled that the then deputy speaker Anita Among, who presided over the matter violated the principles of natural justice by not recusing herself as the complainant.
Justice Irene Mulyagonja, who delivered the lead judgment, stated, “The deputy speaker/Among ought to have resolved the question of her interest in the matter as soon as possible in the public interest as it is required by the code of conduct of members of parliament in the rules. When she did not do so, she acted in conflict of interest and reflected that she was biased.”
The other justices are; Eva Luswata, Oscar Kihika, Muzamiru Mutangula Kibeedi, and Catherine Bamugemereire, who dissented. The case originated from a successful petition by Zaake challenging the March 10, 2022, parliamentary resolution that removed him from the parliamentary commission for alleged indiscipline based on a report by the rules, discipline, and privileges committee chaired by Abdu Katuntu.
The committee had found Zaake in breach of public trust and parliamentary decorum. Zaake’s troubles began when he criticized the speaker on social media for her comments during a plenary session honouring legislators and parliamentary staff who had participated in the East African Legislative Assembly Games in Tanzania.
During the plenary, Anita joked that despite allegedly sustaining a broken leg following torture by state security, Zaake had won a gold medal for parliament in the 100-meter race.
Anita’s comments came at a time when legislators were complaining about the increasing cases of torture perpetrated by security agencies. Among directed the committee to investigate Zaake following a motion by the Gulu city Barledge Division MP, Ojara Mapenduzi over allegations of abusing the speaker using his social media handle.
