Article by KATONGOLE ARNOLD
“unless if he concludes the issue with the IGG, as the appointing authority, I can’t handle his matter because he has chosen to contest the IGG’s report and once he decides to contest the IGG’s report he has to first finish with the IGG before I come in and I haven’t been notified by anyone of this lawsuit.” Comments of Hon.Betty Amongi Akena the minister of Gender, Labor and social development on being notified of a lawsuit filed against her by Mr. Richard Byarugaba the former managing Director of the National Social Security Fund (NSSF)
On the 9 July 2023, through his lawyers , Byarugaba petitioned the High Court in the country’s capital Kampala to order the minister for labour and Gender, Amongi to affirm his reappointment as NSSF managing director as recommended and stamped by the funds’ board. In November 2022 the board wrote a letter to the minister asking her to renew the contracts of both the managing Director and his deputy , Byarugaba and Mr.Patrick Ayota respectively for another a five -years tenure. The minister’s response was sketch on this matter.
Byarugaba , who was supposed to receive an appointment letter by 1 December 2022 according to the board letter addressed to Amongi as minister for Gender, labour and social development. The Labour and Gender ministry is the line ministry that supervises the workers’ fund together with ministry of Finance Planning and Economic Development, Attorney General and prime Minister.
Mr. Byarugaba , wasn’t awarded contract and in the course of the wave, came a storm of allegations of bureaucracy and mismanagement of the fund by Byarugaba, , which allegations were raised by a supposed whistle-blower Mr. Job Richard Matuwa in support of Amongi . These allegations compelled investigations by the parliament, Attorney General and IGG’S office, the findings identified weaknesses and were appointing a cross to Byarugaba, like on the issue of awarding a lot of money to members of the NSSF board that had resigned on their own . Byarugaba enlightened the public on the matter, saying it was decision of the minister to fill these position with the different gender to balance representation on the board and since then Byarugaba has been acquitted of these charges and has no legal curtailment curtailing him to occupy this office
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They have been directives and guidance to the minister to reinstate Byarugaba to his position by the president, NSSF board and prime Minister but all this seems in vain as Among has based all her defense to the findings that blame Byrugaba for the razor thin errors in administration as a yardstick to denounce reappointment of Byrugaba to his former role as managing director of the fund and currently assumptions that Byrugaba will disrespect her when he is reinstated into the fund helm. The minister’s stand has failed to satisfy the NSSF board and Byrugaba in person and have fueled Byrugaba’s match to the temples of Justice to seek redemption and overturn to the ministers decision in her letter to the Chairperson of the NSSF fund Mr. Peter Kimbowa dated 30 June 2023 that prioritized affirming her position notifying the board that she was again rejecting the proposal of reinstating Byrugaba to office and she is not willing to amend her decision.
Amongi, signed the contract reappointing Ayota as deputy managing director of the fund and didn’t sign the one affirming Byrugaba. In absence of a managing director , Ayota has been occupying all positions as Managing director , deputy and CEO of the fund for the last six months as per statues of the fund, Ayota’s temporary stewardship as the fund finds new managing director is done, but the fund board still insists that though he is rejected by the minister, he is the only right person to usher this fund to its next disruptive move.
Byrugaba whose inauguration to the position was in 2010 and re appointed in 2017 bur almost dethroned by the minister for hitting sixty years old , as she expected him to resign, without guidance from even the cardinal government legal brain, the Attorney General. In his lawsuit Byrugaba testifies that he survived and completed his term after involvement of the Attorney General into the matter and declaring no legality forbidding him from taking charge of this office.
Byarugaba who drastically improved the membership of the fund to about two million as well increased the fund’s asets,income and innovations to more than 17 trillion. It’s on these high achievers’ legacy that Byrugaba fronts as label to be the person occupying the office the managing director of the NSSF. We wait to find out from the court on when hearing of the case commences and appearance of the 2 respondent and all the defendants in the suit.