Africa-Press – Uganda. The High Court in Kampala has set the ruling date in a case in which the former managing director of the National Social Security Fund (NSSF) is seeking to overturn the appointment of Patrick Ayota as the fund boss.
High Court Judge, Musa Ssekaana has set March 7, 2024 to deliver the court’s ruling and also allowed the lawyers representing Mr Byarugaba to file their final submissions.
“The applicant is allowed to file their submissions within one week. The matter shall come up for ruling on March 7, 2024 via email,” Justice Ssekaana held on Monday.
The court decision followed submissions in which lawyers told court that they had filed their written submissions as per the court’s directive and that the same has been uploaded on ECMIS for court’s consideration.
But Mr Anthony Bazira, the lawyer representing Mr Byarugaba told court that they were unable to file their submissions in rejoinder due to late service by the accused parties.
“…as per the schedule of this court we have not been able to file our submissions in rejoinder because of the late service of the submissions on the respondent’s counsel. I have spoken to my learned friend from the Attorney General (AG) and I was praying to file our submissions in rejoinder in a weeks’ time. I therefore pray that if it pleases this honorable court be granted leave to file our submissions within a week’s time from today,” he pleaded.
Mr Byarugaba sued the Attorney General jointly with the Gender Minister, Ms Betty Amongi on accusations of rejecting his re-appointment as the NSSF’s managing director.
He is also challenging the appointment of Mr Ayota as the Managing director reasoning that was appointed for the position to which he was not entitled to act.
The former NSSF boss is also seeking for a court order to direct the minister to discharge her statutory duty to complete the re-appointment of Mr Byarugaba for a five year term as it had been recommended by the board.
But Mr Ayota states that if Byarugaba’s case is allowed, it would be against public interest for the fund to be without strategic leadership which would have disastrous effect for the fund.
“That the exercise of the Court’s discretion and the interests of justice favour the stability of the fund as opposed to the unmeritorious cries of a single disgruntled person whose recommendation for appointment was rejected based on sound, legal and cogent reasons,” Mr Ayota states.
He contends that the interests of justice for the entire countrywide membership of the fund override any purported interest that the applicant (Byarugaba) has in a leadership position that he was found unfit to occupy.
Mr Ayota who was appointed to the helm of the fund clarifies that he was appointed in acting capacity due to his stellar performance as deputy managing director at the fund and that it was upon his performance that he was appointed in substantive capacity.
“I note that nothing in his (Byarugaba)’s affidavits or the annexures thereto impeaches my competence to be appointed as the managing director, NSSF,” states Mr Ayota dismissing Byarugaba’s claims as false, misleading and misrepresenting the factual position regarding his appointment.
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