Wakilii

Mabirizi Kiwanuka v Deputy Speaker of Parliament and Another (Misc Cause 33 of 2023)

High Court · [2024] UGHC 416 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking to quash Parliament's decision to refer Hon. Zaake Francis Butebi to the Committee on Rules, Privileges and Discipline
Decision
Application dismissed for lack of standing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the applicant failed to demonstrate sufficient or direct interest in the matter to establish standing for judicial review. The applicant showed only general interest as a citizen, not direct personal interest in parliamentary disciplinary proceedings concerning another member of parliament. Application dismissed with costs.

Outcome

Application dismissed for lack of standing

Facts

The applicant sought judicial review of a parliamentary decision made on 12 October 2023, whereby the Deputy Speaker referred Hon. Zaake Francis Butebi to the Committee on Rules, Privileges and Discipline following allegations of vulgar and defamatory abuses against Hon. Juliet Kinyamatama in a video. The applicant claimed he was at Parliament serving notice of appeal in another matter when the decision was made. The applicant sought orders of certiorari quashing the referral decision, prohibition restraining the Committee from proceeding, and damages. The respondents opposed the application, arguing lack of standing, prematurity, and that Parliamentary procedures were being properly followed. The matter was supported by James Mukaga for Parliament, who averred that the Committee procedures would afford Hon. Zaake a fair hearing in a quasi-judicial process.

Issues

  1. Whether the Applicant has locus standi or sufficient interest to bring this application for judicial review.

Orders

  • The preliminary objection is upheld.
  • The application is dismissed with costs to the Respondents.

Rules and key headnotes

Judicial Review — Standing — Sufficient Interest — Test for Locus Standi
For an applicant to establish standing in judicial review proceedings, they must demonstrate a direct or sufficient interest in the matter beyond that of an ordinary member of the public. Mere concern for good governance, rule of law, and democracy does not confer sufficient interest where the applicant has no direct personal stake in the proceedings being challenged.
Judicial Review — Standing — Busy Bodies — Officious Interveners
A person who is no more than a busy body or officious intervener without any interest or concern beyond what belongs to any citizen will not be granted standing in judicial review proceedings. The purpose of the sufficient interest requirement is to save courts from being overloaded with unwarranted cases brought by persons not substantially affected by the impugned decision.
Judicial Review — Standing — Representative Standing — Protection of Third Party Rights
Where the rights an applicant seeks to protect belong to a third party who is capable of bringing proceedings on their own behalf, the applicant cannot establish sufficient interest merely by claiming to protect those third party rights. A person cannot litigate on behalf of another who has capacity to sue in their own name.

Legislation cited (6)

  • Constitution Articles 8A, 17(1)(a), 20(1), 29(1)(a), 29(1)(b), 29(1)(d), 29(1)(e), 29(2)(a), 38(1), 43(2), 139(1), 212, 213(4), 221
  • National Objectives & Directives Principles of State Policy Paragraphs 1, 26, 29(a), 29(f)
  • Judicature Act s.33, s.36(1), s.36(2), s.39
  • Judicature (Amendment) Act 2002 s.3
  • Judicature (Judicial Review) (Amendment) Rules 2019 Rule 1A(b), Rule 3(a), Rule 3(c), Rule 3A, Rule 6
  • Rules of Procedure of Parliament Rule 175

Cases cited (5)

  • Muhumuza Ben v Attorney General and 2 Others (Misc Cause No. 212 of 2020)
  • Male H. Mabirizi Kiwanuka v Attorney General and Parliamentary Commission (Misc Cause No. 216 of 2021)
  • Male H. Mabirizi Kiwanuka v Uganda Revenue Authority (Misc Cause No. 84 of 2021)
  • Male Mabirizi v Attorney General (Misc Application No. 194 of 2021)
  • [2015] MWHC 439

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Mabirizi Kiwanuka v Deputy Speaker of Parliament and Another (Misc Cause 33 of 2023) [2024] UGHC 416 (31 May 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.