Overview:
Byarugaba argues that Ayota was appointed on August 18th, 2023, while holding the substantive statutory position of Deputy MD on a fixed five-year term, making him ineligible for the MD appointment.
The Managing Director of National Social Security Fund (NSSF), Mr Patrick Ayota, has said that the ongoing court case filed by Mr Richard Byarugaba is a threat to the stability of the Fund.
Ayota, who appeared before the High Court presided over by Justice Musa Sekaana, said the Fund is at risk of misuse should it go without strategic leadership.
He was responding to a suit filed by Byarugaba who was challenging Ayota’s appointment as the NSSF MD by Gender Minister Betty Amongi.
In his application, Byarugaba argues that Ayota was appointed on August 18th, 2023, while holding the substantive statutory position of Deputy MD on a fixed five-year term, making him ineligible for the MD appointment.
But in a 38-page affidavit, Ayota said his appointment was done lawfully, is valid, and was not done to defeat the present application for judicial as alleged by Byarugaba.
“That I know that the instant application and it’s supporting affidavits do not raise any act or commission attributed to me personally for which I am being faulted and I am advised by my aforementioned lawyers that the application does not disclose any cause of action against me as alleged or at all”.
He says now in the interest of justice, fairness, and equity, Byarugaba’s application should be dismissed with costs.
He told the High Court Civil Division that it should guard against what he described as “unmeritorious cries of a single disgruntled person whose recommendation was rejected based on sound, cogent reasons”
Through his lawyers of Kampala Associated Advocates, Ayota says the interests of justice for the entire countrywide membership of the fund override any purported interest that Byarugaba has in a leadership position that he was found unfit to occupy.
He said that in the interest of justice, Byarugaba’s appointment should not be granted. He argued that if granted, there would be a leadership lacuna that could put the whole fund in limbo without a substantive accounting officer to safeguard members’ savings.
In response, Justice Ssekaana gave the two parties one week to file any other documents to enable the court to give further guidance on the case.
He asked them to return to court on December 4th 2023 for mention.
Records indicate that NSSF, under Byarugaba’s and his Deputy’s leadership Ayota, currently has 2,000,000 members and assets worth 18 trillion Shillings. Based on this performance, Byarugaba is seeking to have the decision not to renew his contract set aside