Zaake vs Kyinamatama: Parliament asks court to dismiss Mabirizi’s petition 

Parliament has asked the High court in Mbale to dismiss an application by lawyer Male Mabirizi, challenging the deputy speaker Thomas Tayebwa decision to refer the Mityana Municipality MP Francis Zaake to the rules, privileges, and discipline committee for investigations.

Tayebwa made the decision on October 12, 2023, after the Rakai Woman MP, Juliet Suubi Kinyamatama accused Zaake of using vulgar language against her during a visit to her constituency. As a result, Mabirizi filed a petition on October 16 against Tayebwa and the Attorney General, claiming that the deputy speaker acted with a predetermined mindset.

He asked the court to declare the decision illegal, procedurally improper, and irrational, and to prohibit parliament from conducting any investigations against Zaake. Zaake’s troubles began when he attended the National Unity Platform (NUP) party Independence Cup football tournament in Lwamaggwa village, Buyamba constituency, Rakai district, along with other politicians.

It is alleged that Zaake hurled insults at Kinyamatama calling her a prostitute and questioning her suitability. Kinyamatama complained on the House floor upon their return to parliament and presented a video recording that had gone viral on social media to prove her claims, leading to chaos and a suspension of the plenary session by Tayebwa. 

In response to the petition, James Mukaga, an employee of the parliamentary commission, states that Mabirizi’s application is incompetent as he does not possess sufficient interest to file this case. Mukaga argues that Mabirizi’s application is premature, misconceived, devoid of merit, frivolous, and should be dismissed with costs. 

Mukaga also states that it is in the interest of natural justice to investigate the allegations against Zaake by the committee on rules until their conclusion. He emphasizes that parliament has the authority to enact rules of procedure to regulate its internal functions, and the speaker or deputy speaker has the discretion to apply these rules, including referring matters to the committee on rules, privileges, and discipline. 

Mukaga clarifies that neither the constitution nor the rules of procedure of parliament require the speaker to hear a member before referring a matter to the committee on rules, privileges, and discipline.  

He notes that the committee conducts its proceedings in a quasi-judicial manner and allows all involved parties to present their cases. Zaake and his lawyer, Erias Lukwago, appeared before the committee earlier in the day, and his matter was adjourned to Thursday, November 9 when a video recording containing the alleged infractions was played before both parties. This is the third time that parliament has referred Zaake to its Discipline Committee. 

He was initially referred for missing ten consecutive parliamentary sittings and later for verbally attacking and insulting the speaker of parliament, Anita Among, via his X handle. The committee found him guilty and ordered him to apologize to Amongi, leading to his suspension from his role as the parliamentary commissioner. Dissatisfied with this decision, Zaake successfully petitioned the Constitutional court.