Arusha court rules on Zziwa case on Friday

Jan 31, 2017

The legislators, among others, accused her of being incompetent and disrespectful, allegations which she denied.

The First Instance Division of the East African Court of Justice will this Friday deliver judgment in the case filed by regional assembly member from Uganda, Margaret Zziwa against the Secretary General of the East African Community.

Zziwa had alleged that the process of her removal from the Office of Speaker of the East African Legislative Assembly (EALA) was illegal and an infringement of Articles 53 and 56 of the Treaty for the Establishment of the East African Community.

The Court, according to a press release issued yesterday, heard the court oral evidence from witnesses for both parties from July 26 to 29, 2016.

Court also heard oral highlights of written submissions by counsels for the parties on November 21, 2016 that concluded the hearing of the case, it said.

The judgment will be delivered by Judges of the First Instance Division namely; Lady Justice Monica Mugenyi (Principal Judge), Justice Isaac Lenaola (Deputy Principal Judge), Dr. Justice Faustin Ntezilyayo, Justice Fakihi A. Jundu and Justice Audace Ngiye.

Zziwa, who is one of Uganda's nine representatives to EALA, was elected to the prestigious position of speaker in June 2012 to steer the assembly for five years, but animosity continued to prevail with colleagues expressing their dissatisfaction with the way she was conducting business.

The legislators, among others, accused her of being incompetent and disrespectful, allegations which she denied.

Zziwa, who was the first woman speaker for EALA, replaced Abdirahin Abdi from Kenya. She was first elected to EALA in 2006 and is serving her second term in the regional assembly.

After her impeachment in December 2014, the Assembly elected Uganda's representative Daniel Kidega as the new Speaker for the Assembly.

During cross examination by her lawyer, Jet Tumwebaze, Zziwa said that according to Rule 9 (2) of EALA rules of procedure on the removal of the Speaker, a motion for the removal of the Speaker shall be signed by at least four members from each Partner State and submitted to the Clerk of the Assembly.

She also said that the rules provide that the Motion shall be tabled in the Assembly within seven days of its receipt by the Clerk and, the house shall refer the motion to the legal rules and privileges Committee to investigate and the report of its findings would be tabled before the Assembly for debate.

"That the Clerk received the notice on 26th March 2014 and received the motion on 27th March 2014 and it was brought to the Assembly on 1st June 2014 which she claims was out of time," information posted on court's website said.

Zziwa also said that she received a suspension letter stopping her from exercising functions of the Speaker, signed by thirty two members of the Assembly yet there was no motion to lead to such decision and that she replied to the Clerk of the Assembly objecting to suspension letter explaining that Rule 9 (6) which provides powers to remove the speaker was not complied, but instead, in January 2015 she received a letter informing her that she was removed from office of the Speaker of EALA.

Zziwa closed her evidence by telling the Court that since she was illegally removed from office, she was seeking Court seeking reinstatement and because of the intimidations she went through, she also sought damages in terms of salary, legal costs and compensation as she suffered reputation damage. In total she sought US$2m in addition to reinstatement,

The East African Court of Justice is one of the organs of the East African Community established under Article 9 of the Treaty for the Establishment of the East African Community. Established in November 2001, the Court's major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.

 

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