Among the suggested penalties for Hon. Zaake Francis is sending him back to his constituency, and this was brought up by the offended Kinyamatama, who said, ‘We don’t want Zaake in our house’.
If the penalty is included by the disciplinary committee as a resolution in its report, Zaake will be subjected to a vote to throw him out of parliament.
According to Article 83(1)(e) of the Ugandan Constitution, a member of parliament shall vacate his seat if ‘that person is found guilty by the appropriate tribunal of violation of the leadership code of conduct and the punishment imposed is or includes the vacation of the office of a member of parliament’.
Buyamba County legislator Ssemwanga Gyaviira said on Saturday that the defamatory remarks made by Francis Zaake equally affected him and apologized on Zaake’s behalf.
Article 83; Tenure of Office of Members of Parliament.
Article 83; This Article deals with the tenure of office of the Members of Parliament.
It is to the effect that a Member of Parliament may lose his seat through writing to the speaker in regards to the resignation of his post. He or she may also lose the position under the circumstances prescribed under the Constitution regarding disqualification of a Member of Parliament.
The tenure may also end under circumstances where the Parliament is dissolved following the procedure provided for under the Constitution and where a member misses fifteen seatings of Parliament consecutively without any written permission from the Speaker, and he or she equally fails to offer satisfactory reasons for his or her absence from the Parliament while it sat continuously.
The tenure also comes to an end where the person is found guilty by a tribunal for violation of the leadership code, and the punishment includes vacating the office.
This also includes circumstances where the electorates have recalled the Member of Parliament. The right of recall is provided for in the Constitution, and it was operational during the movement system.
A person may also leave the office where he or she leaves the party from which he joined Parliament and joins another political party or becomes independent. This also applies to a person who joined as an independent candidate in Parliament, but they later join a political party.
However, with the recent constitutional amendment, a person can now join another political party in the last year of Parliament towards a general election.
Finally, if a person is appointed to a public office, then he or she seizes to be a Member of Parliament immediately.
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