KAMPALA, UGANDA: The Minister of Gender Betty Amongi is vehemently against NSSF Managing Director Dr Richard Byarugaba getting a new term of five years because sometime back, the latter refused to illegally allocate her Shs 6 billion for an activity [sensitisation on voluntary saving] it has been revealed.
In a July 22 letter, Ms Betty Amongi, who is the co-political overseer of the Fund alongside her Finance counterpart Matia Kasaija, noted that under the Public Service Standing Order and NSSF Human Resource Policy, Mr Byarugaba, like his deputy Patrick Ayota did, should have automatically retired on clocking 60 years.
“… I note that the deputy managing director heeded to the law and retired, and I have appointed him on [a fixed two-year] contract. You have, however, not officially retired although, by law, your retirement is mandatory and automatic upon attainment of the retirement age of 60 years,” the minister wrote.
She added: “Note that all actions you take now, on behalf of the Fund, are not protected by any law and can be challenged. This is dangerous for the operations of the Fund and I cannot continue to put the Fund at risk without addressing the matter.”
In her rushed letter she copied to the Attorney General, Amongi directed that Ayota who is older than Byarugaba be appointed NSSF Acting Managing Director.
However, according to a top officer inside the NSSF, Amongi’s insistence that Byarugaba leaves office is not about the retirement age as she has been arguing within government and media circles. “As you can see, there has been constant harassment since we refused to allocate the Shs 6bn to her. She even asked us to hand over to Patrick Ayota [Acting NSSF managing director] who was older. So, it was nothing to do with age.”
Now Ayota who she renewed the contract is 62 years old and yet Byarugaba who she has refused is just clocked 60 years, even as his five-year term officially ended on December 1, 2022, with possible renewal expected for the next five years.
Why the Shs6 billion scandal must be believed is that Among directed Byarugaba to retire on July 2022, well knowing that he had about five months ahead since he had been appointed NSSF Managing Director on July 1, 2017, as shown in the contract.
Pius Perry Biribonwoha, the Deputy Solicitor General reminded Amongi on her unfairness towards Byarugaba that it was wrong for her to demand that NSSF boss retires in July 2022, since his contract was running till December 1, 2022.
“S.39(1) provides of the National Social Security Fund Act provides that “There shall be a managing director of the fund who shall be appointed by the minister for such period and on such terms and conditions as the minister may deem fit. In pursuance of the above legal provision, the Hon. Minister of Finance, Planning and Economic Development appointed the Managing Director [Richard Byarugaba] for a period of five years.”
As regards the retirement age of 60 years, Biribonwhoha reminded Amongi that Byarugaba was not in a typical civil service where Standing Orders apply (read Biribonwhoha’s attached letter) which in many cases reminds Minister Amongi to read the NSSF ACT, NSSF Human Resources Policy Manual and Byarugaba’s contract.
Further, a letter she wrote to NSSF Chairman Dr. Peter Kimbowa after he requested her to approve the Fund’s 2022/23 budget, shows that her working relationship with NSSF administrators, management and the board is not good at all.
For example, she denied NSSF to make an investment of Shs 400 billion in real estate, claiming due diligence report was needed as if NSSF administrators don’t what to do.
Still, she unjustifiably blocked NSSF’s plans to construct courts for the judiciary, as she misinterpreted the whole issue. The Minister would in future the same Shs400 billion investment plan to blackmail Byarugaba and the board that the actual investment into that proposed Shs400 billion was Shs180 billion.
Sources further revealed that when Byarugaba refused to surrender to Shs6 billion, she turned to the deputy whom it is alleged that accepted working with her to frustrate Byarugaba hoping that he would be appointed and this can be explained how Amongi hurried to appoint Patrick Ayota whom together had been recommended by the board for reappointment.
“As you can see, there has been constant harassment since the board refused to allocate Shs6 billion. She even asked the board to hand over to Ayota who is much older and so it has nothing to do with age. As you can see, she had always wanted to appoint Ayota and ask yourself why?”
It has also been established that upon realization that the board wanted to maintain the status quo of leadership at the fund, Amongi swung into action running to several high-profiled individuals accusing Byarugaba of mismanaging the fund which allegations the board rejected telling her why she didn’t bring such allegations before the issue of contract renewal came up and since she is the political supervisor of the fund why she hadn’t invited the investigative arms of government to probe the fund.
“She is the complaint through Sam Lyomoki who has been drafting these allegations under the pretense of workers union and for that, we have rejected her allegations against us (board members and top managers). We are also concerned on why those alleging mismanagement at the fund are only interested in Byarugaba and yet he had a Deputy Managing Director in the name of Patrick Ayota among other top manager? asked one of the board members.
Finally the leadership of the judiciary has notified me of the plan by the Fund to construct courts for the Judiciary. I take note that we have a specialized court for labour matters-the Industrial Court. I would like you to provide me with a clear rationale for this arrangement before any funds are spent on this project,” she wrote to Kimbowa on June 16, 2022. Read the attached document.
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