28th September 2023.
KAMPALA, Uganda – The High Court in Kampala has granted Richard Byarugaba, the former Managing Director of the National Social Security Fund (NSSF), authorization to amend his petition. Byarugaba seeks to challenge the appointment of Patrick Ayota as his successor, alleging that Ayota is ineligible for the position.
The decision to allow the amendment came during the hearing of Byarugaba’s case, where he aims to renew his contract as the NSSF MD. Byarugaba, represented by his lawyer Anthony Bazira from Byenkya, Kihika, and Company Advocates, informed the court of his intention to amend his petition to contest Ayota’s appointment.
Byarugaba’s petition lists the Minister for Gender, Labour, and Social Development, Betty Amongi, and the Attorney General as respondents. He contends that Ayota’s appointment on August 18th, 2023, while holding the position of Deputy MD on a fixed five-year term, renders him ineligible for the MD role. Consequently, he has requested the court to invalidate Ayota’s appointment and issue a permanent injunction to prevent Ayota from acting as the MD of the fund.
Alternatively, Byarugaba has asked the court to allow him to amend his affidavit in a petition filed two months ago. This earlier petition challenged the government’s decision not to renew his contract. Byarugaba argues that these new developments aim to undermine his initial application, as they emerged after filing the judicial review application and are now being used as a defense against his suit. He asserts that these developments are unlawful and violate the principles of the National Social Security Fund (NSSF) Act as amended, emphasizing that granting the requested amendments would not prejudice the respondents.
However, the respondents, represented by Wanyama Kodoli and Allan Mukama from the Attorney General’s chambers, opposed the application, claiming that it introduces new issues for determination. They argue that the amendment is intended to defeat the defense raised earlier in the main case and would prejudice their position. They further assert that the application is frivolous, vexatious, and an abuse of the court process, aimed at delaying the hearing of the main case, and they have asked the court to dismiss it with costs.
In his ruling, Justice Ssekaana allowed Byarugaba to amend his petition, thus enabling the court to consider all relevant issues. Justice Ssekaana, however, ordered that Byarugaba should make Ayota a party to the case so that he can respond to the allegations against him fairly and to ensure that he is not condemned unheard. The case has been adjourned to October 12th, 2023, for mention.
In August 2023, Byarugaba filed a petition against the Attorney General and 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 to reject the Board’s recommendation for his reappointment, as well as a violation of his legitimate expectations by not affording him a fair hearing.
Byarugaba served as the NSSF MD since August 1, 2010, and his second appointment, which began on November 29, 2017, expired on November 30, 2022. He 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 deputy Patrick 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 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. 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. According to Byarugaba, the decision also disregarded the Inspector General of Government’s report, which cleared him of allegations and supported the Board’s recommendation based on his previous performance in office.
