The High Court has upheld Patrick Ayota’s appointment as the Managing Director of the National Social Security Fund, dismissing a case brought forth by his predecessor, Richard Byarugaba, who sought re-appointment for a third term.
Judge Musa Ssekaana of the High Court – Civil Division ruled in favor of Ayota, stating that Byarugaba’s claims lacked merit. Byarugaba alleged that Ayota’s appointment was invalid as he was not endorsed by the Fund’s Appointments Board, unlike himself.
Byarugaba, represented by his lawyer Anthony Bazira, also accused Gender Minister Betty Amongi of bias and unfairness in rejecting his re-appointment and endorsing Ayota instead. However, Justice Ssekaana absolved Minister Amongi of any wrongdoing, stating that she lawfully exercised her discretionary powers under the NSSF Act.
Despite Byarugaba’s claims of being recommended by the NSSF Appointments Board for re-appointment, Minister Amongi declined to endorse him for a third term. Byarugaba highlighted his achievements during his 12-year tenure, including technological innovation, customer satisfaction, and fund growth. However, the court ruled that ministerial discretion prevails in such appointments, regardless of recommendations or achievements.
Justice Ssekaana emphasized the minister’s authority to reject recommended candidates and initiate a new appointment process if necessary. He cautioned against condemning the Appointment’s Board unheard and stressed the court’s role in justifying intervention in administrative matters.
In dismissing the case against the Attorney General, Minister Amongi, and Patrick Ayota, Justice Ssekaana underscored the importance of judicial restraint in administrative affairs.
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