Byarugaba claims that Ayota was appointed while he was actually serving as a Statutory Assistant Medical Officer for a five-year term, which qualifies him for MD appointment.
In addition, Byarugaba is seeking a permanent injunction to prevent Ayota from serving as CEO of the foundation. Alternatively, he is asking the court to allow him to amend his affidavit submitted two months ago challenging the government’s decision not to renew his contract.
This review would consolidate all the issues before the court. Byarugaba claims that these new developments were designed to undermine his application as they occurred after the filing and service of the complaint and are now being used as a defense against his position. He claims that this development is illegal and against the principles of the National Social Security Fund (NSSF) Act.
He also states that granting the requested changes and time off will not prejudice the defendants, the Attorney General of the State or the Minister of Equality, Labor and Social Affairs, Betty Among.
The case is scheduled to be heard on September 27, 2023 before Justice Musa Ssekaana. In August 2023, Byarugaba filed a petition against the Attorney General and Once, seeking a ruling for Amongi to fulfill his legal obligations and complete his reappointment as NSSF CEO in accordance with government recommendations and the law.
Byarugaba’s claim is based on procedural violations and the decision to reject the government’s recommendation to reinstate him, as well as the violation of his legitimate expectations by not being afforded a fair trial. He served as the head of the NSSF since August 1, 2010 and his second term which started on November 29, 2017 ended on November 30, 2022.
Byarugaba claims that before the second contract even started, Amongi tried stop it early. it stated that he should have retired after reaching the age of 60. He adds that he was able to complete his second term only through the intervention of the state prosecutor. The NSSF board recommended the renewal of the contracts of both Byarugaba and his deputy Patrick Ayota.
However, the agency only extended the assistant doctor’s contract and delayed Byarugaba’s appointment, citing several allegations including financial impropriety, collusion with contractors, disobeying presidential directives and corruption. Despite a meeting of stakeholders at State House on December 6, 2022 and instructions from President Yoweri Museveni to complete the process of appointing Byarugaba, Amongi did not follow the instructions.
Byarugaba claims that this, coupled with the disregard of the February 2023 report of the NSSF Parliamentary Electoral Committee, which exonerated him of allegations of financial impropriety, makes the decision not to renew his contract illegal, unreasonable and procedural flawed.
According to Byarugaba, the decision also ignored the report of the government’s inspector general, which cleared him of the charges and supported the government’s recommendation based on his previous position.
The NSSF, led by Byarugaba and his deputy, currently has 2,000,000 members and assets worth 17 trillion shillings, according to data. Based on this presentation, Byarugaba wants the decision not to extend the contract.
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