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Former NSSF Boss Seeks Removal of Current MD in High Court Battle

Thursday October 12 2023
Richard Byarugaba

Former NSSF Managing Director, Richard Byarugaba

By NTV Uganda Reporter

Richard Byarugaba, the former Managing Director of the National Social Security Fund (NSSF), has brought forth new requests before the High Court in Kampala as he intensifies his efforts to oust Patrick Ayota from the position of Managing Director of the Fund.

In an amended plaint, Byarugaba argues that Ayota was ineligible for the role of MD as he still had a valid five-year contract as Deputy MD. He is now petitioning the court to nullify the decisions made by both the NSSF Board and the Gender and Labor Minister, Betty Amongi, to appoint Ayota as MD and instead recommend him for the position.

In an alternative plea, Byarugaba seeks the court's intervention to order the Attorney General and Minister Amongi to compensate him with an unspecified amount of damages.

Last month, High Court Judge Musa Ssekaana allowed Byarugaba to sue Ayota for being unfit for the position of Managing Director of NSSF due to the fact that he was not the first choice recommended by the Fund's board.

Byarugaba's term of office expired in November last year, and he subsequently filed a lawsuit against Gender Minister Betty Amongi. He accuses her of failing to endorse his reappointment for a third term, despite his claims of exceptional leadership in technology, innovation, customer appreciation, and transforming the fund, which now boasts over 2 million members and management assets of 1.7 trillion shillings.

Byarugaba, represented by his legal team consisting of Ebert Byenkya and Alex Bazira, alleges that despite numerous recommendations from the Fund's Appointments Board, the Permanent Secretary in the Gender and Labor Ministry, legal advice from the Attorney General, and his exoneration by a parliamentary committee investigating financial mismanagement in NSSF, Minister Amongi refused to endorse his reappointment. Instead, she initiated a new process that led to Patrick Ayota's appointment.

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In his petition, Byarugaba also accuses Minister Amongi of acting with animosity and bias, suggesting that she assumed multiple roles, including accuser, investigator, prosecutor, and judge when she leveled allegations of financial impropriety against him. He contends that this bias caused the minister to disregard the Inspector General of Government's report, which cleared him of the allegations and supported the NSSF board's endorsement of his reappointment based on his past performance.

In his defense, Patrick Ayota asserts that he is well-suited for the role of NSSF Managing Director and highlights his efforts to rehabilitate the Fund after the challenges it faced during Byarugaba's tenure. He argues that Byarugaba's legal battle is detrimental to the Fund, which currently manages assets worth 1.8 trillion shillings.

During today's court proceedings, the parties convened before Justice Ssekaana, and timelines were established for each side to file their respective submissions. They are scheduled to reappear in court on December 4th for further proceedings.

The battle for control of NSSF's top leadership promises to be a protracted legal showdown, with implications for the future of the Fund and its members.

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