Parliament wants court to dismiss Mabirizi application in Zaake-Kinyamatama issues

Parliament wants the High Court in Mbale to dismiss an application by lawyer Male Mabirizi, challenging the Deputy Speaker’s decision to refer the Mityana Municipality Member of Parliament, Francis Zaake, to the Rules, Privileges, and Discipline Committee for investigations. 

The Deputy Speaker Thomas 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.

This prompted Mabirizi to file a petition on October 16th, 2023, against Tayebwa and the Attorney General, claiming that the Deputy Speaker acted with a predetermined mindset. He tasked the court to declare the decision illegal, procedurally improper, and irrational, and to prohibit Parliament from conducting any investigations against Zaake. 

Zaake’s troubles started during the National Unity Platform-NUP party Independence Cup football tournament in Lwamaggwa village, Buyamba Constituency, Rakai District, which he attended along with other politicians.

It is alleged that Zaake during the event, he 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 says 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, 2023, when a video recording containing the alleged infractions will be played before both parties. This is the third time that Parliament has referred Zaake to its Discipline Committee.