The High Court in Kampala has dismissed the Judicial Review application lodged by the former NSSF Managing Director Richard Byarugaba through which he had challenged the decision of Minister Amongi not to reappoint him as the MD and also challenged the appointment of the current MD Ayota Patrick.
Byarugaba lodged a Judicial Review Application challenging the decision of the Minister of Gender, Labour and Social Development, Betty Amongi, not to re-appoint him as the NSSF Managing Director and also challenged the appointment of the current MD Ayota.
In his application, Byarugaba argued that Ayota’s appointment as Managing Director (MD) in the August 18th, 2023 letter should be invalidated due to his ineligibility for the position.
Byarugaba contended that Ayota was appointed while holding the substantive statutory position of Deputy MD on a fixed five-year term, making him ineligible for the MD appointment.
He further sought a permanent injunction to prevent Ayota from acting as the MD of the fund and requested that the court allow him to amend his affidavit in a petition, which challenges the government’s decision not to renew his contract.
In his Friday, April 19, 2024 ruling, Justice Musa Sekaana said Byarugaba’s third-term rejection was lawful under the NSSF Act by Minister Amongi’s discretionary powers.
“The appointment of the 3rd respondent was an act involving the Minister of Labour, and Social Development as the Minister responsible for the affairs of NSSF through reporting and exercising supervisory function after applying her mind to the exercise of power and following the law as prescribed and should not be interfered with in absence of any justification or any breaches of the law,” ruled Ssekaana.
He added: “The court will not lightly presume abuse or misuse of power and will make allowance for the fact that the decision-making authority is the best judge of the situation.”
Justice Ssekaana Musa has dismissed all Byarugaba’s prayers and upheld the decisions of Minister Betty Amongi and the NSSF Board to appoint Ayota Patrick as the Managing Director.
“This application fails and is dismissed with no order as to costs,” ruled Ssekaana.
He added: “In the alternative, and without prejudice to the above remedies, an order of general and exemplary damages is awarded to the applicant as against the 1st and 2nd respondents respectively.”
NSSF was represented by KAA Advocates.
Find the full ruling here