The High Court in Kampala has dismissed without costs the case in which Dr Richard Byarugaba, the former Managing Director of Uganda’s National Social Security Fund (NSSF) sought court orders to nullify the appointment of his successor, Mr Patrick Ayota as the head of the workers’ fund.
In his petition to the High Court in September last year, Byarugaba sued the NSSF MD, the Attorney General jointly with the Gender Minister, Ms Betty Amongi for refusing to re-appoint him at the helm of the fund following his second term expiry.
Byarugaba also sought court permission to allow him to file a supplementary affidavit to adduce evidence and demonstrate that the appointment of Ayota was manifestly illegal, irrational and made with the sole purpose of frustrating his legitimate expectations.
However, in a ruling delivered on Friday, April 19, 2024, Justice Musa Ssekaana of the High Court Civil Division in Kampala ruled that Hon Amongi exercised her ministerial powers in endorsing the appointment of Ayota as Byarugaba’s successor, and therefore such powers and jurisdictions should not be interfered with.
“The appointment of the 3rd respondent (Ayota) was an act involving the Minister of Labour, and Social Development as the Minister (Betty Amongi) responsible for the affairs of NSSF through reporting and exercising supervisory function after applying her mind to the exercise of power and followed the law as prescribed and should not be interfered with in absence of any justification or any breaches of the law,” the judge said.
The Judge also ruled that the court cannot 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.
“This court cannot quash the appointment of the 3rd respondent which resulted from a recommendation of the Board. Such a decision would violate the principle of fairness and would amount to condemning the Board unheard in respect of their decision to appoint the 3rd respondent.”
Ssekaana also noted that the courts need to recognize that there is always a need to justify their intervention or non-intervention in administrative matters as their constitutional role in judicial review is sometimes limited in their capacity to decide matters which admit no generalized or objective determination.
Mr Ayota who was appointed to the helm of the fund clarified that he was appointed in an acting capacity due to his stellar performance as deputy managing director at the Fund and that it was upon his performance that he was appointed in a substantive capacity.
“I note that nothing in his (Byarugaba’s) affidavits or the annexures thereto impeaches my competence to be appointed as the managing director, NSSF,” stated Mr Ayota dismissing Byarugaba’s claims as false, misleading and misrepresenting the factual position regarding his appointment.
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Ayota was confirmed by the NSSF Board Chairman Dr Peter Kimbowa as the new Managing Director of NSSF on August 18 last year on a five-year term which runs until 2028.
