Court halts deliberations on EALA speaker's impeachment

THE East African Legislative Assembly (EALA) has been ordered to refrain from deliberating on the issue of removal of the Speaker, pending a ruling on the matter on May 29, this year.

The First Instance Division, in its interim seating, issued the order after hearing applications filed by the EALA Speaker, Dr Margareth Nantongo Zziwa and Mbidde Foundation Limited (Applicants) against the Secretary General of the East African Community (EAC) and Attorney General of the Republic of Uganda (Respondents).

The applicants sought an interim injunction from the court against the respondents directing EALA to refrain from referring the motions for resolution to remove the speaker of EALA to the allegedly improperly constituted Committee on Legal, Rules and Privileges.

The applicants also seek an order against the EALA Committee on Legal, Rules and Privileges to refrain from conducting any investigation in this matter, pending the hearing and determination of the main case.

The court ordered that the applications be consolidated and be heard together because they were related matters.

The applicants represented by Fred Mukasa Mbidde and Jet Mwebaze advocates submitted that the respondents failure to seek an advisory opinion from the court on the impugned rules of EALA related to the procedure of the Speaker's removal and the continuous operation of EALA without proper rules in place, is an infringement of Article 6(d) of the Treaty for the Establishment of the EAC on good governance including adherence to the principles of democracy, rule of law, among others.

Mr Mbidde further submitted that EALA should be stopped from proceeding with the impeachment process using informal rules of procedure and that there are no grounds for the censure of the Speaker.

He argued that although there must be investigations conducted to reach a clear decision, there are no rules to guide the Legal, Rules and Privilege Committee in carrying out the investigations.

The applicants also said that if the interim order is not granted they will suffer irreparable damages which will not be compensated.

They also added that the political career of the Speaker and the smooth running of EALA will be affected and submitted that there is a prima facie case to be determined by the court and asked to be granted the orders sought with costs.

Mr Wilbert Kaahwa, the counsel to the community and Agaba Stephen Principal Legal Officer representing the first respondent submitted that the applicants were submitting on the main case which the court has not reached yet.

He also said that the applicants claims that EALA has no rules to guide the assembly are mere hypothesis because the assembly has been operating on the existing rules.

He added that members of EALA could not be sworn-in without rules and the Speaker could not assume office and be sworn- in without rules of the assembly.

Mr Kaahwa also submitted that the impeachment of the Speaker should only be handed in the parliament and nowhere else, adding that Rule 9 of the EALA Rules of Procedures provides the guidelines on the removal of the Speaker and that Article 36 of the EAC Treaty clearly sets out that it is only the Summit, Council of Ministers and the partner states who may seek an advisory opinion from the court when there is need.

He also said that applicants must satisfy the court that they will suffer irreparable damages for the court to grant them an injunction.

Mr Kaahwa also added that the adjournment of the assembly on 1st April 2014 was not proper because it put the assembly at a standstill and that there was no notice to the commissioner of the assembly as required by the Rules of Procedures.

The applicant, Dr Margareth Zziwa, Speaker of the EALA was present in court. The matter came before Justice Jean Bosco Butasi, Principal Judge, Justice Isaac Lenaola, Deputy Principal Judge and Lady Justice Monica Mugenyi.

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