Patrick Ayota, the Managing Director of the National Social Security Fund (NSSF), has urged the court to prioritize the fund's stability as he faces a legal challenge from his predecessor, Richard Byarugaba. Ayota made this plea in the High Court's Civil Division, emphasizing the importance of safeguarding the NSSF against potential misuse and stagnation.
Ayota, in a 38-paragraph affidavit, defended his appointment as NSSF Managing Director by Gender, Labour, and Social Development Minister Betty Amongi. This appointment followed the expiration of Byarugaba's contract, and it has become the subject of a lawsuit that Byarugaba filed in August 2023.
Byarugaba's case is rooted in procedural irregularities and his claim that Ayota was unfit to lead the NSSF. He insists that the Minister should have reappointed him, as recommended by the NSSF board and required by the law. He also argues that his legitimate expectations were violated by not receiving a fair hearing.
In response, Ayota contends that his appointment was lawful and valid, serving the interests of justice for the NSSF's nationwide membership. He warns of a potential leadership void that could jeopardize the fund's financial well-being if Byarugaba's appointment were to be granted.
Byarugaba had been the NSSF Managing Director since August 2010, with his second term commencing on November 29, 2017, and ending on November 30, 2022. Amongi attempted to end his second term prematurely, citing his age, but he was able to complete it with the intervention of the Attorney General.
Despite President Yoweri Museveni's guidance to renew Byarugaba's contract, Amongi deferred his appointment, alleging various improprieties. Byarugaba insists these allegations were baseless and that the decision was illegal and irrational. He also highlights the support he received from the Inspector General of Government's report.
The case took another turn when Ayota was elevated and appointed as Managing Director. Byarugaba then sought to amend his petition to include Ayota as a respondent, claiming that Ayota was ineligible for the MD appointment due to his prior role as Deputy MD.
Justice Ssekaana has adjourned the case for a week, directing the involved parties to file their written submissions. With 2,000,000 members and assets totaling Shs 18 trillion under NSSF leadership, this legal battle has significant implications for the future of the fund. The court will reconvene on December 4 for further proceedings.
