EAC calls for dismissal of former Speaker’s lawsuit

The East African Community (EAC) wants a case filed by the former Speaker of the East African Legislative Assembly (Eala), Ms Margaret Zziwa, seeking a $ 2million damage for her removal dismissed.

Mr Stephen Agaba, a counsel for the Community told the East African Court of Justice (EACJ) on Friday that the appellant does not deserve any compensation in form of money.

He further told the court during the hearing of her appeal before the Appellate Division of EACJ that her removal as Eala Speaker was in conformity with the EAC Treaty.

Ms Zziwa, an Eala member from Uganda from June 2012 until her ejection in December 2014, challenged the move by legislators to vote her out and elect another Speaker, claiming that it was in breach of the treaty.

In its ruling of February 7, last year,the First Instance Division of the court declined to grant orders for her reinstatement and general damages to the appellant, prompting an appeal to the high court.

In her appeal before the Appellate Division of the regional court, Ms Zziwa, who is represented by counsel Jet Tumwebaze, challenged the decision of the First Instance Division saying her removal as the Eala Speaker also contravened the very EAC Treaty.

“You cannot allow Eala which has violated the treaty and say let them handle their own motion to go and ensure compliance,” the Kampala-based lawyer said.

Mr Tumwebaze challenged the lower court’s denial of awarding the ex-Eala Speaker damages and costs and urged the Appellate Court to use its discretion and award the appellant costs in both courts.

But the counsel for EAC, Mr Agaba contended Ms Zziwa’s removal as Eala Speaker corresponds with the treaty provisions on grounds of alleged misconduct.

On the issue of not awarding damages and costs to the appellant, the defence counsel argued that from the time she was removed from the Office of the Speaker, Ms Zziwa continued to receive salary from the assembly.

She also continued to get allowances entitled to all members of the assembly,including travel, daily subsistence and sitting allowances.

“The court (First Instance Division) did not err for not awarding her costs because it has established grounds used by the assembly to remove her were in line with the EAC Treaty,” he said.

In conclusion,the counsel for the respondent pleaded with the Appellate Division of EACJ to dismiss the appeal and make other orders as the court may deem fit.

Ms Zziwa was voted out as the Eala Speaker in December, 2014 over alleged abuse of power. She was replaced by Mr Daniel Kidega from Uganda whose tenure ended in June last year. Applicant had asked the court an award of special damages in form of loss of earnings of a salary of $ 6,700 per month and housing allowance of $3,000 per month, plus other allowances and financial benefits.

Ms Zziwa was the elected Speaker of the Eala in 2014, but after her impeachment on December 19, 2014, the then assembly elected . Daniel Kidega former Speaker of Eala then who retired. The Current aka Speaker is Martin Ngoga from Rwanda.

Immediately after her removal, Ms Zziwa filed a case at the Court against the EAC secretary general against her removal which she termed as illegal and an infringement of the EAC Treaty.