September 28, 2023
KAMPALA,Uganda – The Constitutional Court of Uganda has ruled that the removal of Mityana Municipality Member of Parliament (MP), Francis Zaake, from his position as a commissioner of Parliament was unlawful. The decision comes after months of legal battles and allegations surrounding his dismissal.
Mr. Zaake, a prominent member of the Opposition National Unity Platform (NUP), was removed from his role as commissioner on March 10, 2022. The basis for his removal was allegations of insulting the Speaker of Parliament, Anita Among, on social media. A total of 155 legislators voted in favor of his removal at the time.
In response to his dismissal, Zaake promptly petitioned the Constitutional Court, arguing that Parliament had passed the resolution without the required quorum in the House, contravening constitutional provisions. He cited Articles 2(1) and (2), 88, and 94(1) of the Constitution and Rule 110(6) of the Parliamentary Rules of Procedure.
Furthermore, Zaake raised allegations that each member of the Parliament’s Committee on Rules, Privileges, and Discipline, who participated in his removal, had received a kickback of Shs6 million.
In a landmark decision delivered on September 28, 2023, the Constitutional Court ruled in favor of Mr. Zaake, stating that his removal as a commissioner violated the rules of natural justice. The court also found that there was no quorum in Parliament when the decision to remove him was made.
The ruling reverberated with implications for the separation of powers in Uganda, as it underscored that the legislative branch, which formulates laws, must adhere to the very laws it creates. In a statement following the court’s decision, Zaake criticized Speaker Among, stating, “She behaves like a dictator and thought she’s untouchable, but today she has been touched.”
Mr. Zaake, visibly elated by the court’s ruling, addressed journalists shortly after the verdict, asserting his continued status as a commissioner in Parliament. He expressed his belief in the rule of law and the importance of leaders following the law they create.
