High Court Permits Ex-NSSF Boss Byarugaba to Amend his Case

Thursday, September 28, 2023

Kampala, Uganda | THE BLACK EXAMINER | The High Court Civil Division has allowed former Managing Director of the National Social Security Fund (NSSF), Richard Byarugaba to amend his case and challenge the appointment of his successor, Patrick Ayota.

The hearing of the case resumed on Wednesday before High Court Judge Musa Ssekaana who granted Byarugaba leave to amend his case and add more prayers in his affidavit he filed two months ago.

The court has also ordered him to add Patrick Ayota as a party in order to respond to the allegations.

In his application before the Court, Byarugaba says that Ayota’s appointment as Managing Director in the August 18th, 2023 letter should be invalidated due to his ineligibility for the position.

Byarugaba adds that Ayota was appointed while holding the substantive statutory position of Deputy MD on a fixed five-year term, making him ineligible for the MD appointment.

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Byarugaba contends that even before his second contract could run its course, Amongi attempted to prematurely end it by stating that he should have retired upon reaching 60 years of age.

He adds that only with the intervention of the Attorney General was he able to complete his second term of office.

Byarugaba is also seeking a permanent injunction to prevent Ayota from acting as the MD of the Fund, a position he is not entitled to.

However, the Anthony General’s reply to his prayers amended in the affidavit contends that the proposed amendment is intended to defeat the Respondent of the defenses raised in the affidavit in the reply to the main application saying it will prejudice the rights of the respondents existing at present.

The Anthony General also adds that it is an abuse of the court process because it is merely intended to delay the hearing of the main application hence requesting to be dismissed with costs.

Now the court has fixed this matter for 12th October for mention.

END 

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