The High Court has declared Patrick Ayota as a lawfully appointed Managing Director for the National Social Security fund.This after the High Court -Civil Division Judge Musa Ssekaana has thrown out a case filed by his predecessor Richard Byarugaba who had sought re-appointment for a third term.
Byarugaba whose second term of office expired in November 2022 filed a case seeking to kick Ayota out of office on grounds that the later was never endorsed by the Fund's Appointments board but rather him.
Byarugaba through his lawyer Anthony Bazira had also taken on the Gender Minister Betty Amongi whom he had accused of bias and acting with animosity by assuming the role of an accuser , prosecutor and judge because of rejecting his re-appointment to the top most position of the fund ; and instead endorsed his former deputy Patrick Ayota.
However Justice Musa Sekaana has exonerated minister Amongi of any bias or performing irrational acts in rejecting Byarugaba's re-appointment by ruling that the minister acted lawfully in exercising her discretionary powers vested in her by the NSSF Act .
Byarugaba told court that despite being at the helm of NSSF for 12 years and being 60 years of age , it was him who had been recommended by the NSSF appointments board for re-appointment as MD.But despite this recommendation, Minister Betty Amongi refused to endorse him for a third term of office yet he had demonstrated exceptional stewardship in technology, innovation and customer appreciation on top of transforming the fund to a tune of over 2, 000, 000 members with management assets reaching 1.7 trillion shillings.
According to court , its the minister who has a final say after scrutinizing the recommended candidates .
Justice Sekaana added that the minister doesn't just rubber stamp the recommended candidates as she can reject them and write to the board to begin a new process of appointment.
The judge then ruled that he cannot cancel Ayota's appointment by condemning the actions of the Appointment's Board whose actions were never challenged as doing so , would amount to condemning the it unheard which is against the rules of fairness .
While dismissing the case against the Attorney General, Minister Amongi and Patrick Ayota , Justice Sekaana has asserted the need for courts to justify their intervention in administrative matters .
