Zaake sent to disciplinary committee over his tweets

Mityana Municipality Member of Parliament Francis Zaake speaks during a parliamentary seating on November 30 last year. PHOTO | DAVID LUBOWA

What you need to know:

  • Deputy Speaker Anita Among accuses the Mityana Municipality MP of attacking her in a tweet where Mr Zaake accuses her  of mishandling his torture ordeal during a previous sitting in the House.

The Deputy Speaker of Parliament, Ms Anita Among, has sent Opposition Parliamentary Commissioner Francis Zaake (Mityana Municipality) to the Committee on Rules, Privileges and Discipline in the House over his alleged abusive tweets, targeting her as an individual and as a presiding officer. 

The Bukedea Woman MP referred the matter to disciplinary committee yesterday. 

“By law, I am permitted to defend myself on any charge levied against me. Our Constitution dictates a fair hearing for every citizen before a decision is taken as we continue with other processes,” she said, adding: “I will, therefore, guide the complainant that this matter is going to be referred to the [Committee on] Rules, Privileges and Discipline under Rule 175 of Rules of Procedure.”

Under Rule 175 (1b) of the Rules of Procedure of Parliament, the Committee on Rules, Privileges and Discipline shall by the order of the House consider any matter of discipline referred to it by the Speaker or the House, including attendance of members of sittings of Committees and to report its findings to the House. 

The Deputy Speaker then urged the Committee to report back to the House within two weeks.

Government Chief Whip Thomas Tayebwa said: “We (the House) shall go by the guidance of the Deputy Speaker but by the time that motion is brought, we shall take the necessary action and discipline will be meted out on whoever attacks any institution or office in this country.”

The findings and recommendations of the Committee on Rules, Privileges and Discipline, according to Rule 175 (2), shall be presented, debated and approved by the House. 

The matter on Mr Zaake was brought up after Mr Martin Ojara Mapenduzi (MP, Bardege-Layibi Division - Ind) first raised it as a matter of national importance before begging to lay out (on table) a print out of what he wrote. 

He then mentioned that Mr Zaake had not dealt with the matter according to the House rules. 

“All of us may have our own emotions and issues to deal with but there are avenues in our Rules of Procedure through which anything done by the presiding officer in the House can be challenged. The member never exercised any of the remedies provided for in the rules but chose to go to social media,” Mr Mapenduzi said. 

He then proceeded with intention to move a motion under Section Five of the Administration of Parliament Act for Mr Zaake’s removal from the office of commissioner of Parliament. 

According to Section Five of the Administration of Parliament Act, a member of the commission, other than the Speaker and the Leader of Government Business, may be removed from office by Parliament for inability to perform the functions of his or her office arising from infirmity of body or mind, misbehaviour, misconduct or incompetence.

The legislators who deliberated on the matter belonged to the National Resistance Movements (NRM) party, while the rest were Independents as Opposition MPs have temporarily suspended attending plenary sessions over government’s failure to address the issue of torture among their colleagues and other Ugandans.

Ms Agnes Atim Apea (Amolator District Woman - NRM) said an attack on a woman “is an attack on all of us women in this country.” 

Mr Geoffrey Macho (Busia Municipality MP- Ind), agreed with his other colleagues that the attack on Ms Among was unfair and Mr Zaake had to give answers in the August House.

When Daily Monitor reached out to Mr Zaake on phone to comment on the matter, he declined to comment. 

However, Mr Joel Ssenyonyi, the NUP party spokesperson, said currently, their members are boycotting the House. 

“We have not received any communication to that effect and we do not want to speculate on anything. When we get a letter, we shall respond to it depending on the contents therein because we don’t know what is happening in Parliament at the moment,” Mr Ssenyonyi said. 

The Leader of the Opposition in Parliament (LoP), Mr Mathias Mpuuga, said in a Tweet yesterday they had written to both Ms Among and the Clerk of Parliament over what they referred to as an ambiguous motion (of removing Mr Zaake from the Parliamentary Commission) by some members. 

In a February-15 letter to the Deputy Speaker, Clerk to Parliament and others, Mr Muhammad Muwanga Kivumbi (Butambala), who wrote on behalf of the LoP, pointed out the “ambiguity of the motion to remove a commissioner” and the secrecy in the move. Mr Kivumbi also questioned the abuse of Rules of Procedure and the rules of natural justice. He, therefore, resolved that the impugned motion is “incompetent, irregular and misconstrued”        

“Besides Parliament has not been notified of a motion for removal of a commissioner as required under Rules 110(4) and 107 (4) of the Rules of Procedure,” Mr Kivumbi said, adding: “The provisions require that the Clerk to Parliament pins the notice for a motion to remove a commissioner on members’ notice board together with its grounds and particulars. This has constrained preparation and consideration of the motion by the Opposition.” 

The most top decision making organ in Parliament, the Parliamentary Commission was established under Article 87A of the Constitution to play respective roles including to appoint, promote and exercise disciplinary control over persons holding public office in the House. 

Currently, Mr Zaake sits on the commission as a back-bench member after being selected last year by his party, NUP. 

Meanwhile, Mr Muhammad Nsereko, the Kampala Central MP, sought leave of the House to introduce the Computer Misuse (Amendment) Bill, which will provide for the prohibition of sending or sharing false issues in the cyber space. 

Mr Nsereko mentioned that if the cyberspace is not regulated, consequences will then continue to prevail. 

Background

In tweets posted on February 9, the National Unity Platform (NUP) party member accused Ms Among of mishandling his torture ordeal during a previous sitting in the House. 

“To my consternation, the Deputy Speaker of Parliament, while presiding over a session of Parliament, controverted the finding of the High Court in Suit No. 85 of 2020 that I was tortured by sarcastically stating but with the utmost level of recklessness that though tortured, I won a medal in E.A (East Africa) Parliament Ug Games,” part of his tweet reads. 

“The utter bunkum emanating from her dishonest lips was only intended to mock and break me down, this idiocy! Parliament deserves better, how a person of her caliber lacks intelligential prowess to appreciate that healing is a natural phenomenon!” Mr Zaake’s tweet reads further. 

The tweet concludes: “The loose cannon in her couldn’t contemplate the duty that her office owes members and the country at large, disturbingly she ejaculated while presiding over a session to condemn torture, aah! How hypocritical, shame upon you!”