The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | The High Court has adjudged that the current Board of Directors of the Uganda Retirement Benefits Regulatory Authority (URBRA) chaired by former MP Julius Bigirwa Junjura does not have the technical competence to run the affairs of the agency.
The board, mainly comprising former MPs, and representatives from the line Ministries of Finance, Gender, and Public Service, fired the CEO of UBRA Martin Anthony Nsubuga early last year after he questioned their decision not to renew his contract. They instead announced an acting CEO and advertised the position.
The High Court has now quashed their appointments and ordered the Minister of Finance, Planning and Economic Development to name a new Board with technical competence in public interest of pensioners, and the sector as a whole. Court said the Minister should appoint persons with the requisite qualifications set out under Section 8 of the Uganda Retirement Benefits and Regulatory Authority Act. (click to read the full ruling here)
“This court having found that the 2nd respondent’s (URBRA) board is not properly constituted or that it is constituted by persons who lack requisite qualifications, it is only fair and in the interest of the general public or the retired persons or pensioners that they are stopped from continuing to manage or sit on the board,” ruled Justice Musa Ssekaana.
The court ruling stated that the main object of its prohibition is prevention rather than to cure. “The function of prohibition is to prohibit the board concerned from proceeding with the matter further or continuing to act in a particular way or manner.”
“This court issues a declaratory order to the effect that the decision of the Minister of Finance (1st respondent) to disregard the order of court stopping the removal of the applicant ( Martin Anthony Nsubuga) from office was contemptuous and is accordingly cautioned. The applicant is awarded costs of this application.”
URBRA is an autonomous body established by virtue of section 2 of the Uganda Retirement Benefits Regulatory Authority Act 2011, Act No. 15 of 2011. It is responsible for regulating the establishment, management and operation of retirement benefits schemes in Uganda in both the private and public sectors. NSSF is one of entities it regulates.
Museveni questions politician appointments to boards
President Yoweri Museveni late last year threatened to block “political failures” from appointments to boards.
On November 5, Head of Public Service and Secretary to the cabinet Lucy Nakyobe wrote to the Minister of Finance Matia Kasaija expressing concern about the need to appoint members of statutory boards with requisite qualifications.
“At the 36th Cabinet meeting held on 28 October 2002, H.E the President raised concerns on appointment of politicians who have failed in elective politics to statutory boards and that the appointments are marred with favoritism.”
Nakyobe added that, President Museveni ” cited examples of the Uganda Retirements Regulatory Authority and the Tax Tribunal where politicians on boards are causing confusion in the agencies; transforming board membership into full time jobs yet these are supposed to be part time assignments and engaging in politicking. As such this was affecting service delivery and undermining the credibility of government.”
In another related later last month, President Museveni promised to investigate report of financial mismanagement by the URBRA board since Martin Nsubuga was sacked.
