Overview:
Byarugaba filed a petition against the Attorney General and the Gender and Labour Minister Betty Amongi, seeking court orders for Amongi to fulfill her statutory duties and complete his reappointment as the NSSF MD, as recommended by the Board and required by the law.
The Kampala High Court has set March 7, 2024, as the date it will rule on the case in which Richard Byarugaba, the former Managing Director of National Social Security Fund (NSSF), sued the government and the Gender minister for refusing to renew his contract.
Justice Musa Ssekaana on Monday, 04 December 2023, set the ruling date for judgement after Byarugaba’s lawyer Anthony Bazira said he has not yet submitted his response to the defences filed by the other defendants in the case.
Bazira told court that the respective defenses filed by the respondents in this case had been served late and he requested for more time to respond to them.
“I have spoken to my learned friend from Attorney General and I have not yet spoken to counsel for the 3rd respondent (Ayota’s) and I was praying to file our submissions in rejoinder in a weeks’ time,” he said.
Present in court were State Attorney Wanyama Kodoli, who represented the government; Augustine Edoti who represented NSSF Managing Director Patrick Ayota and Bazira, Byarugaba’s lawyer.
Justice Ssekaana then fixed March 7th 2024 to decide the case.
According to court documents, Byarugaba filed a petition against the Attorney General and the Gender and Labour Minister Betty Amongi, seeking court orders for Amongi to fulfill her statutory duties and complete his reappointment as the NSSF MD, as recommended by the Board and required by the law.
Byarugaba’s argument is based on procedural irregularities and the decision leading the Minister to the Board’s recommendation for his reappointment. He said there was a violation of his legitimate expectations by not affording him a fair hearing.
He further went on to say that Patrick Ayota his successor was not fit to head NSSF.
Byarugaba had served the NSSF MD since August 1, 2010, and his second appointment, which began on November 29, 2017, expired on November 30, 2022.
Byarugaba contends that even before his second contract could run its course, Amongi attempted to prematurely end it by stating that he should have retired upon reaching 60 years of age. He adds that only with the intervention of the Attorney General was he able to complete his second term of office.
The NSSF Board of Directors had recommended renewing the contracts of both Byarugaba and his then-deputy Ayota.
However, Amongi renewed only the contract of the Deputy MD and deferred Byarugaba’s appointment, citing various allegations, including financial impropriety, collusion with contractors, defiance of presidential directives, and corruption.
Despite meetings 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.
Byarugaba argues that this, along with ignoring the February 2023 report of the Parliamentary Select Committee on the state of affairs at NSSF where he was cleared of financial impropriety allegations, makes the decision not to renew his contract illegal, irrational, and procedurally incorrect.