Former NSSF MD accuses minister while suing her and Attorney General for failure to renew his contract
UGANDA - Former National Social Security Fund (NSSF) Managing Director, Richard Byarugaba, has taken legal action against the Minister of Gender, Labour, and Social Development, Betty Amongi, over the non-renewal of his contract at NSSF. Byarugaba has filed a lawsuit in the Civil Division of the High Court in Kampala, naming Amongi as a defendant along with the Attorney General. He alleges that the Minister's bias has influenced her decision not to renew his contract at NSSF.
Byarugaba claims that despite serving two terms at NSSF, the Minister attempted to prematurely end his second term by asserting that he had reached the mandatory retirement age of 60. He argues that he was able to complete his second term only due to the intervention of the Attorney General.
The former Managing Director asserts that the NSSF board of directors had recommended the renewal of his contract, along with the Deputy Managing Director, Patrick Ayota, effective from December 1, 2022. Byarugaba highlights the board's recognition of the fund's strong performance during his tenure and the importance of his continued leadership to fulfill the 10-year strategic plan for NSSF's stability and growth.
However, Byarugaba contends that Minister Amongi refused to renew his contract despite the board's recommendation. He mentions that the Permanent Secretary in the Ministry of Gender sought advice from the Attorney General regarding his eligibility for reappointment. The Attorney General's advice indicated that there were no legal obstacles to his reappointment if recommended by the board. Despite this advice, only the Deputy Managing Director's contract was renewed by the Minister.
Byarugaba claims that Amongi raised various unspecified allegations against him, including financial impropriety, collusion with contractors, defiance of presidential directives, and misrepresentation of facts. He argues that these allegations were used as grounds to defer his reappointment. Byarugaba asserts that Amongi's actions were procedurally incorrect, irrational, and biased, especially given that the allegations were later cleared by an investigation by the Inspector General of Government (IGG).
Byarugaba further alleges that Amongi assumed multiple roles in his case, acting as his accuser, investigator, prosecutor, and judge. He argues that this violates the principles of natural justice and demonstrates bias on the part of the Minister.
In his legal action, Byarugaba seeks court orders to overturn the Minister's decision not to renew his contract. He requests an order directing the Minister to fulfill her statutory duty to complete his reappointment as Managing Director of NSSF, in accordance with the board's recommendation and legal requirements.
This legal dispute sheds light on the complexities surrounding the renewal of contracts for senior officials within government organizations, especially when factors such as bias, procedural correctness, and allegations of impropriety are involved. The case highlights the importance of ensuring transparency, fairness, and adherence to legal procedures in such matters.
