The Parliament’s Rules Committee led by Hon Abdu Katuntu was momentarily at a standstill when the Mityana Municipality MP Hon Francis Zaake refused to respond to a question on whether he is the person speaking in the video.
He defiantly said it is up to the complainant Juliet Kinyamatama, the Rakai District Woman MP and her lawyers to make their case!
“Hon. Zaake, was that you in the video clip?,” Asked the Committee Chair Hon Katuntu. However, before Hon Zaake responded, his lawyer, the Lord Mayor of Kampala City, Erias Lukwago interjected and said; “Chairperson, we have a procedural matter here…..We want to understand whether it is a trial or an inquiry. If it is a trial then he has to give a response, if it is an inquiry, it isn’t mandatory,”.
However, Katuntu explained that “It is an inquiry and I repeat it, it is an investigation. Can I ask, Hon. Zaake is that you?,”. The room went silent as Hon Zaake refused to say a word!
“The general principle of law, which is applicable in these proceedings is very clear that he who alleges must prove and all content in that video footage is subject to proof by anyone making allegations without any issue coming out of it independently.” Said Lukwago.
Katuntu explained to Lukwago that; “The general principle is about proving your case, not a fact. What we want to know is whether we are dealing with the correct people. That is why I asked Hon.Kinyamatama whether that was her video clip or not. From there, that is when we can start on that process, but if Zaake doesn’t even want to answer, that is also okay.”
Hon Kinyamatama’s lawyer, Edgar Tabaro noted that the rules of evidence that apply in court don’t necessarily apply in a quasi judicial proceedings.
“The question put to Zaake is, is he the person in the video? The answer to that is either yes or no. It could be that he suffered a lapse of memory and he doesn’t recall,” he said.
The remarks caused mayhem in Parliament in the past few days which prompted the Deputy Speaker to refer the matter to the rules committee for investigation.