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The Speaker of Parliament, Anita Among, has said she will not implement a request by the National Unity Platform to eject Nyendo-Mukungwe MP Mathias Mpuuga from the Parliamentary Commission.

Responding to a request by NUP Secretary General David Rubongoya to withdraw the nomination of Mpuuga and replace him with  MP Francis Zaake, Among said political parties under the law have no powers to recall a commissioner from Parliament.

Citing several sections of the rules of procedures of Parliament, Among in a 3 strong worded replay letter to NUP Secretary General David Rubongoya said the role of Parties under the law is limited to nominating candidates.

Quoting Section 2 of the Administration of Parliament, Cap 257 and rule 11 (4) of the Rules of Procedure of the Parliament, Among said Parliamentary Commissioners are elected by Parliament and not parties.

“Section 5 of the Administration of Parliament Act is unequivocal on the grounds upon which a commissioner can be removed,” Among said.

Section 5 states that a member of the commission, other than the Speaker and the Leader of Government business may be removed from office by Parliament for inability to perform the functions of his or her office arising from infirmity of body or mind, misbehaviour, misconduct or incompetence.

Among explained that under rule 110 (2) of the Rules of Procedure, the process of removal of a commissioner is by a motion for a resolution for removal of a commissioner initiated by a notice in writing to the Clerk to Parliament signed by less than one-third of all the voting members of Parliament indicating their intention to remove the member.

“This means that with the total voting members of Parliament being 529 the notice should be supported by not less than 177 members of the Parliament. Your letter falls short of the requirements of rule 110 of the rules or procedure and accordingly is incurably defective,” Among said.

Rubongoya in a letter dated March 18, 2024, asked the Speaker of Parliament to oust Mpuuga and replace him with Francis Zaake.

“You will recall that on 22nd December 2023, I notified you of the party’s decision to nominate Hon. Mathias Mpuuga as a commissioner of parliament in accordance with sec 2 (2b) of the Administration of Parliament Act and Rule 11(4) of the Rules of Procedure of Parliament,” Rubongoya stated.

He added “The party has now decided to withdraw its nomination of Hon. Mathias Mpuuga and consequently recalled him from that position. Accordingly, the party hereby nominates Hon. Zaake Francis who was unconstitutionally removed from that position on March 10th 2022 (As confirmed by the const. petition no.6 of 2022.”

Rubongoya further affirmed that if Mpuuga remains in the parliamentary commission, he will do so without the mandate of the party and the opposition platform.

In her response, Among defended Mpuuga saying he has neither vacated his seat as an MP in accordance with article 83 of the constitution nor has he been upon a motion moved in strict compliance with the rules of procedure, found guilty by Parliament for inability to perform the functions of his office arising from infirmity of body or mind, misbehaved or incompetent.

“Your letter therefore and desire of the NUP, has no basis or foundation in law. I can therefore not implement it,” Among said.