Overview:
In August 2023, the NSSF Board, on recommendation of the Minister of Gender, labour and Social Development Betty Amongi appointed Ayota as Managing Director.
The former managing director of the National Social Security Fund (NSSF) has said the appointment of Patrick Ayota as his successor is null and void, and should be cancelled.
In a petition filed in Civil Division of the High Court, Byarugaba says Ayota was appointed NSSF MD on August 18, 2023, when still holding the position of Deputy MD on a fixed five-year term, which makes him ineligible for the senior appointment.
In August 2023, the NSSF Board, on recommendation of the Minister of Gender, labour and Social Development Betty Amongi appointed Ayota as Managing Director.
This came at the time when Byarugaba had filed a petition against the Attorney General and Amongi, seeking to compel the latter to reappoint him as the NSSF MD, as recommended by the Board and required by the law.
And now Byarugaba accuses Amongi of procedural irregularities when she rejected the Board’s recommendation for his reappointment, as well as a violation of his legitimate expectations by not affording him a fair hearing.
Byarugaba now wants court to put a permanent injunction to prevent Ayota from serrving as the MD of the fund. Alternatively, he is requesting the court to allow him to amend his affidavit in a petition he filed two months ago, which challenges the government’s decision not to renew his contract.
This amendment would consolidate all issues for court determination. Byarugaba asserts that these new developments were created to undermine his application since they arose after filing and service of the judicial review application and are now being used as a defense against his suit.
He argues that these developments are unlawful and contravene the principles of the National Social Security Fund (NSSF) Act as amended. He further states that granting the requested amendments and leave will not prejudice the respondents, the Attorney General, and Minister for Gender, Labor, and Social Development, Betty Amongi.
The case is scheduled for a hearing on September 27, 2023, before Justice Musa Ssekaana.
He served as the NSSF MD since August 1, 2010, and his second appointment, which began on November 29, 2017, expired on November 30, 2022.
The NSSF Board of Directors had recommended renewing the contracts of both Byarugaba and his deputy, Ayota.
But Minister Amongi declined to renew Byarugaba’s, citing several corruption allegations.
Despite a stakeholders meeting at State House on December 6, 2022, and receiving guidance from President Yoweri Museveni to conclude Byarugaba’s appointment process, Amongi did not follow the guidance.