Zaake Petitions Parliament Demanding Emoluments, Reinstatement

Mityana Municipality Member of Parliament, Francis Zaake, has petitioned the Clerk of Parliament requesting his reinstatement as a Commissioner following his successful challenge of his impeachment. On September 28th, 2023, the Constitutional Court, in a majority decision of four Justices against one, ruled that Deputy Speaker Anita Among, who presided over the matter, violated the principles of natural justice by not recusing herself as the complainant. 

She acted with bias by presiding over her own case, according to Justice Irene Mulyagonja, who wrote the lead judgment. This failure to address her conflict of interest reflected bias and a breach of the Code of Conduct for Members of Parliament. The case originated from a petition by Zaake challenging his removal from the parliamentary commission for alleged indiscipline, based on a report by the Rules, Discipline, and Privileges Committee.

The committee had found him in breach of trust and decorum following his criticism of the Speaker on social media. The Court sided with Zaake, stating that there was no quorum when the resolution was passed, and the motion was irregularly added to the order paper. Furthermore, the Court criticized Among for not heeding advice from the Leader of the Opposition to postpone the proceedings until the late Speaker, Jacob Oulanyah who had been indisposed, could return to preside. 

However, the Court upheld the Privileges Committee's report and recommended its implementation, clarifying that there was no need for an injunction to halt the resolution's implementation since it had already been invalidated. Following the Constitutional Court decision, Zaake, through his lawyers Lukwago and Company Advocates is demanding the restoration of his office and all privileges entitled to him, including an official vehicle, a fuel card, and monthly honoraria. He also seeks payment of any unpaid honoraria accumulated since March 10, 2023. 

Additionally, he requests the reinstatement of his driver and political assistant, whose contracts were unilaterally terminated by Parliament on January 12th, 2023, on the grounds that he had ceased to be a Commissioner of Parliament. They also request that the Clerk ensure the security personnel and staff refrain from interfering with Zaake as he carries out his Commissioner duties or any other conduct arising from the judgment. 

Assistant Director of Litigation and Advisory Services, Elisha Bafirawara stated their intention to appeal against the decision of the Constitutional Court by the end of the week, and they will manage his issues accordingly. Zaake's troubles began when he criticized the Speaker on social media for her comments during a plenary session honoring legislators and parliamentary staff who had participated in the East African Legislative Assembly Games in Tanzania. 

During the plenary, Anita made a joking remark 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.