Former Makerere ICT director faces eviction amidst NSSF payment dispute

KAMPALA, UGANDA | THE INDEPENDENT | Engineer Frank Kitumba, the former Director of Information and Communication Technology at Makerere University, has appealed to the Inspector General of Police for protection against an impending eviction by Makerere Police and the university’s management. Kitumba, who served at the institution for seven years until April 2018, claims the university has failed to remit his outstanding National Social Security Fund (NSSF) contributions, which he says amount to over UGX 200 million.

In a letter addressed to the Inspector General of Police, Kitumba stated, “Throughout my period of service, Makerere University did not remit my entire NSSF. The statements obtained indicated that the NSSF remitted was based on my allowances rather than my full consolidated salary.”

The dispute began when Makerere University failed to pay Kitumba’s salary arrears, which included science money, gratuity, and NSSF contributions. Kitumba’s efforts to seek redress led him to file a labor dispute at the Industrial Court, which ruled in his favor, although the university later appealed unsuccessfully.

“Makerere has consistently refused to pay my NSSF, and only recently I was informed informally that the university had paid about UGX 61 million to the Makerere University Retirement Benefits Scheme (MURBS) on July 21, 2024, where I am not a member. This appears to be an attempt to circumvent paying my NSSF dues and accrued interest,” Kitumba claimed.

Following the expiration of his contract on April 30, 2018, Kitumba chose not to vacate the university house, insisting that his unpaid NSSF contributions be settled promptly. “The Employment Act Cap. 226 (Section 42(5)) stipulates that an employee housed by the employer is not required to vacate until all outstanding arrears and terminal benefits have been cleared. I have remained in line with this legal provision,” Kitumba emphasized in his petition.

Despite his claims, Kitumba alleges that the university has continued to attempt to evict him. On October 21, 2024, he resisted an attempt by about 20 police officers from Makerere and Wandegeya Police Stations to evict him without a court order. Kitumba expects another eviction attempt as the police surrounded his home again on Monday.

“Following the first unlawful eviction attempt, I filed Civil Suit No. 216 of 2021, suing former Deputy Vice Chancellor Prof. Nawangwe, the University Council, ex-security officer ACP Acaye, and the estates manager for attempting to evict me without a court order. The case is still ongoing, and the university has reverted to heavy-handed tactics to have me evicted,” Kitumba said.

Kitumba insists that he has no desire to remain in the university house but wants his NSSF contributions paid so he can move on with his life.

“All I am asking for is my rightful payment. I am ready to vacate once Makerere University settles my NSSF dues,” he stated.

Our reporter visited Kitumba’s home at Makerere University and found him visibly distressed, frequently receiving phone calls from concerned relatives and friends. Kitumba’s lawyer, Stanley Okecho of GEM Advocates, was also present and echoed his client’s sentiments. “An employer is legally obligated to make statutory contributions for their employees. It’s as simple as that,” said Okecho.

University Response

When contacted, Makerere University Secretary Yusuf Kiranda said, “We have settled all obligations to Mr. Kitumba. If there are any outstanding issues, the university is open to reconciling and discussing them.” Kiranda explained that the payment to MURBS was standard procedure and that employees are generally enrolled in the scheme instead of NSSF, noting that “it does not matter which scheme the money goes to, as long as it can be accessed.”

However, Kitumba’s lawyer insists that the payment should be made directly to NSSF, in line with statutory requirements.

Background of the Dispute

Kitumba’s troubles began when he was denied “science money” during his tenure at Makerere. Hired on a five-year contract starting December 1, 2012, Kitumba’s contract was extended until April 30, 2018, without a formal performance appraisal, which he believes denied him a fair opportunity for renewal.

Records show that in 2010, the government raised salaries for science teachers in public universities by 30%, but DICTS staff, including Kitumba, were excluded. Following numerous complaints, the Ministry of Public Service clarified that DICTS officers were eligible for the science scale, prompting Makerere University to start paying enhanced salaries in 2017. However, Kitumba claims he never received his science money arrears and gratuity.

After Makerere terminated his services, Kitumba refused to leave the university house, demanding his dues. The Industrial Court later directed Makerere to pay UGX 31.8 million in gratuity and UGX 90.4 million in salary arrears. While the university complied, it did not settle the NSSF contributions, which Kitumba claims have accumulated to over UGX 200 million, including interest.

Kitumba alleges that other staff members at Makerere have faced similar issues but may lack the courage to speak out.

“My family lives in fear because of the university’s high-handed tactics, but I have chosen to speak out boldly,” he said.

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