Former MP loses Supreme Court petition

Former Member of Parliament, Alexandre Damas Ashinzwuwera, yesterday lost a case he had filed in the Supreme Court challenging his dismissal from the Chamber of Deputies, which he said violated the law.According to the Constitution, any member of parliament who loses his parliamentary seat may appeal the decision in the Supreme Court.

Friday, August 26, 2011
Ousted Member of Parliament Alexandre Damas Ashinzwuwera (L) signs the court's verdict as Registrar Germain Rusingiza looks on. The New Times /Timothy Kisambira

Former Member of Parliament, Alexandre Damas Ashinzwuwera, yesterday lost a case he had filed in the Supreme Court challenging his dismissal from the Chamber of Deputies, which he said violated the law.

According to the Constitution, any member of parliament who loses his parliamentary seat may appeal the decision in the Supreme Court.

Parliament recently expelled Ashinzwuwera on grounds of misconduct and indiscipline.

Passing the judgment, the Deputy Chief Justice, Sam Rugege said that Ashinzwuwera’s claim is not based on facts.

"The parliament did not in any way violate the laws. The Court has dismissed Ashinzwuwera’s claims and the Supreme Court has ruled that Ashinzwuwera has lost the case,” Judge Rugege said.

Following judgment, Ashinzwuwera told journalists outside the court that he welcomed the court decision.

"I accept and welcome the court’s decision. I can’t announce my next step until I consult my lawyers,” said Ashinzwuwera.

During the ruling, the plaintiff lawyers were absent with the State represented by Principle State Attorney, Emmanuel Butera.

During the previous hearing, Ashinzwuwera had claimed that parliament violated article 18 and 19 of the constitution by denying him the right to defend himself, before his dismissal.

The defendant, however, said that the Parliamentary special commission on discipline and conduct of MPs had summoned Ashinzwuwera and questioned him on charges of misconduct and indiscipline but his responses were unsatisfactorily.

Subsequently, the special commission recommended, in its report presented to the plenary, to expel Ashinzwuwera from Parliament.

According to the Parliamentary internal rules and regulation, a parliamentary plenary session can, by majority vote, completely dismiss a Member of Parliament who has been proved, beyond doubt, that he is incompetent, indisciplined or on grounds of misconduct.

Ashinzwuwera lost his parliamentary post after allegedly beating up his 12 years brother, blocking justice and insulting police officers.
 
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