Hearing of Zaake impeachment case to start today

The Constitutional Court will today start rehearing a case in which Mityana Municipality MP Francis Zaake seeks to overturn his controversial removal from the position of commissioner of Parliament.
Mr Zaake was removed from the position on March 10, 2022 for allegedly insulting Speaker of Parliament Anita Among on social media. A total of 155 legislators voted to remove the MP from the position.

“Take notice that the hearing of this case has been fixed for July 3 [at] 10am or soon thereafter as the case can be heard in this court. If no appearance is made [by] yourself/our pleader or someone authorised by law to act for you, the case will be heard in your absence,” the notice of hearing from court reads in part.

On June 5, Mr Zaake and his lawyer complained about the delayed judgement in the case before the court’s administrator, Justice Geoffrey Kiryabiwre. 
Justice Kiryabiwre blamed the issue on a manpower shortage following the promotion of Justice Steven Musota to the Supreme Court.
Justice Musota was among the five justices who heard Mr Zaake’s petition in June 2022.
Other justices are Catherine Bamugemereire, Christopher Izama Madrama, Muzamiru Mutangula Kibeedi, and Irene Mulyagonja.

Petition
In his petition, Mr Zaake alleges that 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.”
He adds that each member of the Parliament’s Committee on Rules, Privileges and Discipline, who participated in his removal, received a kick-back 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,” the petition states.
Mr Zaake also challenged the presentation, debate and adoption of the motion, the 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, Mr Adolf Mwesige, asked the court to dismiss Mr 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.