Africa-Press – Uganda. A senior lawyer representing Mityana Municipality MP Francis Zaake has told the House committee on rules and discipline they cannot defend him without the facts of what is alleged against the member.
When the committee opened hearings yesterday morning, Mr Erias Lukwago asked the committee to make clear exactly what Mr Zaake allegedly did on November 29, 2022, which was deemed to have broken the rules.
That day, Mr Zaake is reported to have attempted to re-open debate on an issue concerning the abduction of Opposition supporters by state security agents. Deputy Speaker Thomas Tayebwa took exception with the member’s insistence and after a heated exchange referred him for disciplinary action. However, Mr Zaake’s lawyer yesterday maintained it would be impossible to put up a sensible defence without particulars of the alleged infraction.
“These are the preliminary matters we intended to raise which makes it extremely difficult for us to proceed with the case and prepare a defence,” Mr Lukwago, who is also Kampala capital city lord mayor, said.
“Under the circumstances where one lacks sufficient information; no particulars… you don’t know who is making the allegations and they are not substantiated. That made us unable to prepare any meaningful response,” he observed as Mr Zaake sat quietly brooding beside him.
Mr Lukwago said: “I don’t want to bring in the practice in courts but once there is an accusation against you, it has to be particularised that you are accused of misconduct or misbehavior in that you did a, b, c, d contrary to the set of conduct or rules. Again, we find it nowhere that the allegations are particularised”.
Other matters included a question as to whether Mr Tayebwa would appear before the same committee at some point. To this, the Rules Committee chair, Mr Abdu Katuntu (Bugweri), rather humorously advised that the determination of who will testify lies within the discretion of the body.
“…for us, whoever will be relevant to this inquiry, we shall invite them and once they come, you will cross-examine,” Mr Katuntu said, adding that, “discretion is on us to see….”
Hearings are expected to continue tomorrow.
Meanwhile, the same committee is today, Tuesday, expected to again meet Mr Zaake and his legal team over a separate disciplinary matter involving Ms Juliet Kinyamatama, the Rakai District woman MP. A month ago, she claimed Mr Zaake demeaned her before her constituents on Independence Day with words so vile she was ashamed to repeat them in the House.
Inside Tayebwa referral
On Tuesday, November 29, 2022, Mr Zaake raised a procedural matter, saying in part, “The abduction of citizens, especially in the central region has reached crisis levels, Mr Speaker. The victims are mostly supporters of the Opposition. Mr Speaker, only in this month, hundreds of youth have been abducted and disappeared. They have not been seen or heard [from], Mr Speaker.”
He was quickly interrupted by Mr Tayebwa, who said, “Procedure is about proceedings in this House. The issue you are raising is not part of proceedings in this House but there are many ways you can raise that issue. I request that you visit my office and I will give space on how you can raise that issue. That is my ruling, Honourable colleague,” Mr Tayebwa said.
Unsatisfied, Mr Zaake refused to resume his seat, maintaining that, “this matter has been going on all along and we seem not to be doing anything.” Visibly frustrated, Mr Tayebwa suspended Parliament for five minutes. When the sitting resumed, Mr Tayebwa testily warned: “However much an issue is disturbing you, never try and test the patience of the presiding officer”.
Adding: “The commitment to that issue I started without Honourable Zaake being here. Honourable Zaake has not been in this House for over 10 sittings. He has not been here, and without my permission.”
Shortly thereafter, the deputy speaker then referred the legislator to the Rules committee.
Zaake’s past with Rules committee
Mr Zaake has possibly become the first MP to be referred thrice. Speaker Anita Among on February 15, 2022 referred him for allegedly abusing her and the House on the social media platform, X, formerly Twitter. Mr Zaake was found guilty of disrespecting the Speaker. Subsequently, 155 legislators voted to remove him as a member of the powerful Parliamentary Commission which, among others, recruits Parliament staff and oversees welfare of members.
Mr Zaake, who was promptly stripped of the perks of a parliamentary commissioner, sued Parliament with the Constitutional Court later quashing the resolution for his removal. The judges determined that there was no quorum when the decision was made, and that Speaker Among wrongly acted both as judge and complainant, which was against the rules of natural justice.
An impasse persists after the Attorney General appealed the judgement
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