Richard Byarugaba, the former managing director of the National Social Security Fund (NSSF), filed a petition with the High Court’s Civil Division contesting the decision not to renew his contract.
In addition, Byarugaba is requesting a court order telling Minister of Gender, Labor, and Social Development Betty Amongi to carry out her legal obligations and finish his reappointment as the managing director of NSSF, as advised by the Board and required by law.
Byarugaba contends that the decision to reject the board’s proposal to reappoint him was improper since it was made without providing him with a right to a fair hearing, which went against his reasonable expectations.
Byarugaba has been the managing director of the NSSF since August 1, 2010, according to the evidence in front of the court, and his second appointment, which began on November 29, 2017, ended on November 30, 2022. He claims that even before his second contract had a chance to expire, Amongi tried to terminate it early by writing to him and asserting that he should have retired at the age of 60 automatically.
Byarugaba says that Amongi had already instructed him to step down as director on July 22, 2022, even without referring to the Attorney General for guidance. He said that the Attorney General’s intervention was the sole reason he was able to complete his second term.
Byarugaba and his deputy, Patrick Ayota, had already received recommendations from the NSSF Board of Directors that their individual contracts be extended. According to the evidence, the Attorney General had also suggested that there was no legal impediment if the Board had suggested that the Permanent Secretary extend his contract.
However, despite this, Amongi only extended the contract of the Deputy MD and delayed Byarugaba’s appointment, citing, among other things, financial irregularities, collaboration with contractors, disobeying presidential orders, falsifying information, and corruption.
According to Byarugaba’s declaration supporting the case, “I know from the said letter, dated December 7, 2022, that Amongi assumed the role of my primary accuser since she did not disclose any discernible source from which the allegations originated.”
Byarugaba’s testimony further demonstrates that on December 6, 2022, the parties involved in this matter gathered in the State House and received instructions from President Yoweri Museveni to complete the appointment process. But Amongi disregarded the advice.
Byarugaba claims that this, in addition to ignoring the Parliamentary Select Committee’s February 2023 report on the state of affairs at NSSF, in which he was found free of any financial irregularities, demonstrates that the decision not to renew his contract was unlawful, irrational, unreasonable, and improperly procedural.
Byarugaba claims that the decision disregarded the Inspector General of Government’s report, which exonerated him of numerous accusations leveled against him and supported the Board’s recommendation that he had satisfied the requirements for reappointment with respect to his prior performance in office.
According to Byarugaba, “The impugned decision was demonstrably motivated by animosity and active bias on the part of the 2nd respondent/Amongi towards the applicant, manifested by her assumption of the role of the accuser, investigator, prosecutor, and ultimately judge contrary to the rules of natural justice.”
Her attorneys, Byenkya, Kihiika, and Company Advocates, submitted the application; however, the judge who will schedule the hearing has not yet been assigned to it.
