Why ousted Byarugaba wants Ayota’s appointment as NSSF MD annulled
Byarugaba's argument is based on procedural irregularities and the decision to reject the Board's recommendation for his reappointment.
The former Managing Director (MD) of the National Social Security Fund (NSSF), Richard Byarugaba, has petitioned court to annul the appointment of his successor, Patrick Ayota.
In his application before the High Court Civil Division, Byarugaba argued that Ayota’s appointment as Managing Director should be invalidated due to his ineligibility for the position.
Byarugaba contended that Ayota was appointed while holding the substantive statutory position of Deputy Managing Director, on a fixed five-year term, making him ineligible for the MD appointment.
“We are also seeking a permanent injunction to prevent Ayota from acting as the MD of the fund,” Byarugaba said in the petition.
Alternatively, he is requesting court to allow him 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 our application since they arose after filing and service of the judicial review application and are now being used as a defense against our suit”
He also argued that these developments are unlawful and contravene the principles of the NSSF Act as amended.
“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.
Charmar News has learnt that in August, Byarugaba filed a petition against the Attorney General and 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.
