The Court of Appeal has rejected an attempt by four members of the Uganda Retirement Benefits Regulatory Authority (URBRA) Board to overturn a High Court directive that called for their removal due to their lack of qualifications for their roles.
On January 31, 2025, the High Court ruled that the URBRA Board, led by former Buhaguzi County MP Julius Bigirwa Junjura, lacked the necessary expertise to manage the agency effectively. The court noted that the board was composed of individuals without the required credentials, emphasizing that it was in the public interest, particularly for retirees and pensioners, to prevent these members from continuing in their positions.
As stipulated by the URBRA Act 2011, the Authority's board is appointed by the Finance Minister and consists of seven members: Permanent Secretaries from the Ministries of Finance, Labour, and Public Service; the URBRA Chief Executive Officer; and four individuals from outside public service with expertise in fields such as retirement benefits administration, finance, law, and actuarial studies. It was these four non-public officer members that the High Court deemed unqualified.
Their appeal against the High Court decision prompted strong disapproval from Court of Appeal Judge Christopher Gashirabake. He directed Finance Minister Matia Kasaija to comply with the High Court order and follow the recommendations provided by the Cabinet and the Attorney General.
Judge Gashirabake stated, "I find no grounds to challenge the High Court's orders at this point. The previous status before the Board's decision on May 8, 2024, will remain as ordered by the High Court. Therefore, this application is dismissed." In his 20-page ruling delivered on April 25, he also remarked, "The issue for this court is whether it can allow the applicants to remain in office despite the High Court's ruling that they are unqualified. Given the significant public responsibility of the 1st Applicant, I find this inappropriate. It is baffling that a government minister would defend them, disregarding the Attorney General's advice."
Justice Gashirabake emphasized that the court had considered the Attorney General's opinion, which advised the Minister to enforce the High Court's orders.
"The most practical course of action is to proceed with this process to restore stability at the 1st Applicant (URBRA) and safeguard the interests of savers, pensioners, and the national economy. The Minister must honor the constitutional role of the Attorney General and adhere to his legal advice on this matter. Likewise, the Minister should respect Cabinet decisions and take steps to comply with them."
The board, which includes former MPs and representatives from the Ministries of Finance, Gender, and Public Service, dismissed URBRA CEO Martin Anthony Nsubuga in May 2024 after he challenged their decision not to renew his contract. Subsequently, they appointed Rita Nansasi Wasswa as acting CEO. However, the Court of Appeal has ruled that Nansasi's appointment violated an earlier court order that had halted the process.
Late last year, President Yoweri Museveni expressed his intention to prevent "political failures" from being appointed to boards, following public scrutiny of URBRA's affairs after CEO Martin Nsubuga's dismissal.
On November 5, 2024, Lucy Nakyobe, Head of Public Service and Secretary to the Cabinet, wrote to Finance Minister Matia Kasaija, raising concerns about the appointment of unqualified individuals to statutory boards.
"During the 36th Cabinet meeting on October 28, 2024, H.E the President highlighted issues regarding the appointment of politicians who had failed in elections to statutory boards, noting that favoritism tainted these appointments."
Nakyobe stated that President Museveni highlighted specific cases, such as the Uganda Retirement Benefits Regulatory Authority (URBRA) and the Tax Tribunal, where the involvement of politicians on boards was creating disorder within the agencies. He criticized the conversion of part-time board roles into full-time positions, as well as the politicking by board members, which was negatively impacting service delivery and eroding government credibility.
URBRA operates as an independent entity established under Section 2 of the Uganda Retirement Benefits Regulatory Authority Act 2011 (Act No. 15 of 2011). Its mandate is to oversee the creation, management, and operation of retirement benefits schemes in Uganda's private and public sectors. The National Social Security Fund (NSSF) is among the entities URBRA regulates.
High Court Ruling: Justice Musa Ssekaana determined that the URBRA board was improperly constituted, with members lacking the necessary qualifications. The court ruled that allowing such individuals to remain on the board was unjust and not in the best interests of the public, retirees, or pensioners. Justice Ssekaana declared that the Finance Minister’s defiance of the court order halting Martin Anthony Nsubuga's removal from office was contemptuous, issuing a warning to the Minister and awarding costs to Nsubuga for his application.
Appeals Court Decision: Justice Christopher Gashirabake expressed confidence in the government's efforts to resolve the leadership challenges within URBRA. He concluded that granting the URBRA board's request for an injunction, led by Junjura, would hinder the government's resolution process and escalate confusion. The judge recommended that the Finance Minister collaborate with the Attorney General and Cabinet to swiftly adhere to the directives.
Justice Gashirabake referenced a Cabinet directive, conveyed to the Finance Minister by the Head of Public Service and Secretary to Cabinet in a letter dated November 5, 2024. The directive called for the retention of the respondent in office and urged the Minister to discuss with the President the continuation of Hon. Junjura as Chairperson of the Board, given intelligence reports concerning him.
