The High Court has officially endorsed Patrick Ayota as the Managing Director of the National Social Security Fund (NSSF). This decision, issued on Friday, April 19, 2024, marks the culmination of a legal battle that saw former NSSF Managing Director, Richard Byarugaba, seeking reinstatement.
High Court Judge Musa Ssekaana, presiding over the Civil Division in Kampala, delivered the verdict. He emphasized that Ayota’s appointment involved the labor minister, Betty Amongi Ongom, who holds authority over NSSF affairs, including reporting and exercising supervisory functions, in accordance with the law.
Judge Ssekaana underscored the minister’s adherence to legal procedures and deemed her decision beyond reproach. He stated that without evidence of jurisdictional violations or breaches of the law, the court would not interfere with the minister’s decision-making authority. Additionally, he highlighted the importance of affording decision-making bodies, such as the NSSF Board, the opportunity to justify their actions.
The judge emphasized the judiciary’s role in exercising restraint when reviewing administrative decisions. He emphasized the need to recognize the discretion vested in administrative agencies, urging the courts to intervene only when necessary and justifiable.
Ssekaana dismissed Byarugaba’s claims of bias or violations of natural justice in Ayota’s appointment. He noted that investigations into Byarugaba’s conduct were initiated by separate governmental bodies, such as Parliament and the Inspector General of Government, based on statutory and constitutional mandates, rather than at the minister’s behest.
Byarugaba’s challenge centered on Ayota’s alleged illegality in holding dual positions as Acting Managing Director and Deputy Managing Director. However, the court found no legal grounds to invalidate Ayota’s appointment based on this argument.
This ruling not only solidifies Ayota’s position as the NSSF Managing Director but also underscores the importance of adherence to legal procedures and the judiciary’s role in upholding administrative decisions within the bounds of the law.
