The Court annuls the conclusions of the Parliament against the financial director of the NSSF

The High Court has set aside the recommendations of Parliament’s Select Committee on the State of Affairs of the National Social Security Fund (NSSF) against its finance director.

Head of the Civil Division, Justice Musa Ssekaana argued that the process that led to the resolutions passed by the Select Committee of Parliament against Mr Steven Mwanje was vitiated by illegality as he was not among those to be investigated during the NSSF parliamentary inquiry, therefore null and void.

“A statement issued that the findings, conclusions and recommendations and/or directives numbered 8, 9 and 25 of the report of the Select Committee on State Affairs on the National Social Security Fund of February 2023 passed by Parliament on March 9, 2023 against the applicant (Mr Mwanje ) are vitiated by illegality, procedural impropriety, violate the rules of equity and/or natural justice and are null and void,” Judge Ssekaana ruled on October 31.

The facts of the case were that on January 25, 2023, the Speaker of Parliament Anita Among constituted a Select Committee on Business at the NSSF.

Terms of reference include but are not limited to; an examination of corporate governance structures at NSSF; an examination of the circumstances surrounding the appointment of the Director General of the NSSF; and an assessment of the health and safety of savers’ money in the NSSF.

Further, court records showed that on March 9, 2023, Parliament adopted the Select Committee report and made several resolutions under the title “Parliament Resolution on the report of the Select Committee on the State of Affairs at NSSF.

But Mr Mwanje was upset with certain parts of Parliament’s resolutions, particularly the findings, conclusions, directives and/or decisions, which he said would affect his rights as it would result in him losing his job and also it would have been criminal. prosecuted.

“…Despite these resolutions, the Select Committee and Parliament have not invited me to meet, correct or rebut the manifestly false but prejudicial claims, statements, findings, conclusions and/or recommendations made against the applicant,” said Mr. Mwanje.

He added: “Nor was I notified of the allegations against me, the prejudicial nature and seriousness of the consequences of these findings and decisions, which include potential loss of employment and prosecution, I was entitled to and should have been given a fair opportunity and reasonable to address the allegations.”

Court documents show that Mr Mwanje was accused of causing financial loss to the NSSF through fraudulent payments totaling Shs1.43 and also operating as a finance director without a practicing certificate.

But Mr Mwanje argued that if he had been allowed to present his case before Parliament’s Select Committee, their findings and recommendations would have been different.

“I would not be subject to police control. My role as CFO (Chief Finance Officer) is limited to authorizing payments, not making decisions on departmental budgets or activities, which are managed at board or departmental level,” he stated.

He added that his duties are set out in the NSSF Human Resources Manual and the NSSF Financial Procedures Manual and that none of his roles include making and approving the NSSF budget.

“The applicant’s role is limited to monitoring, managing and making payments from the approved budget,” the court documents read in part.

By this court’s decision, Mr. Mwanje will not be subject to prosecution and loss of employment.