Zaake probe: Lawyer wants to cross examine Tayebwa

Nov 06, 2023

“You have properly guided that this is an inquiry, should we go expecting the Deputy Speaker who presided over the proceedings on that day to come and testify?” he posed.

The committee has kicked off its probe into Zaake’s alleged misconduct and is expected to present witnesses on Wednesday next week.

By Dedan Kimathi and Nelson Mandela Muhoozi
Journalists @New Vision

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Lawyers of embattled Mityana Municipality Member of Parliament Francis Zaake (NUP) want Deputy Speaker Thomas Tayebwa to appear before the Rules, Discipline and Privileges Committee for cross-examination.

Appearing before the committee on Monday, Zaake through his lawyer and Kampala Lord Mayor Erias Lukwago, demanded to interface with Tayebwa instead of handpicked officers from the Hansard and records department.

“We also want to be advised as to whether there is any other witness on record who witnessed the proceedings on that day, not necessarily these who are tendering in the record because these are just tendering in the record which was in their custody but any eyewitness who was there on that day so that we have them cross-examined,” Lukwago posed.

“You have properly guided that this is an inquiry, should we go expecting the Deputy Speaker who presided over the proceedings on that day to come and testify?” he posed.

The committee has kicked off its probe into Zaake’s alleged misconduct and is expected to present witnesses on Wednesday next week.

The Committee Chairperson Abdu Katuntu (Bugweri County, IND) said it is at their discretion to find witnesses relevant to the case.

“Whoever we think is relevant to this inquiry, we shall invite him and once we invite him, you will cross-examine him. The witnesses who will be invited will have an opportunity to cross-examine them. The discretion is on us to see who the relevant witness is,” Katuntu replied.

Zaake landed himself in hot soup for allegedly haranguing Rakai Woman MP Juliet Kinyamatama Ssuubi (NRM) in October.

Lukwako said the law is clear that you cannot accuse someone of a case and not specify what crime he has committed and who is accusing him.

He said that in all the documents they have seen, the case is not mentioned. “Even the speaker in the Hansard did not say the case or crime Zaake committed in writing. We want to know who is accusing Zaake and what crime he has committed,” Lukwago said.

He added, “The deputy speaker who presided over the matter on October 29, 2022, did not specify what crime Zaake had committed. As we speak today, no one has come out clearly to say that this is what we accuse Zaake of. This is against the law in Article 28 of the constitution. The Deputy Speaker Thomas Tayebwa needs to appear before the Rules, Discipline and Privileges Committee for cross-examination."

Zaake alleged that the Parliament seems to have personal issues with him that they are not disclosing. He alleged that it is clear that he is being persecuted.

He said that it is important that the law and the right procedure be followed, arguing that you can’t take someone to court and tell them to defend themselves when they are not sure of what crime they have committed.

Katuntu reasoned that the decisions of a speaker are binding on the House.

Katuntu said “Once the Speaker sits in that chair and pronounces himself, it is no longer about the Speaker. It is about the House. I have been making decisions, it is not about me. It is about the Committee and that’s how Parliamentary proceedings are.”

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