On the 18th of May 2019, the Agency For Transformation, and Morrison Rwakakamba petitioned the Constitutional Court on sections of the NSSF Act which they believe to be in violation of Chapter 4 of the Constitution, and thereby violating the rights of its (NSSF) members.
In his affidavit, Mr. Rwakakamba says that, “… due to the directives issued by the President of the Republic of Uganda and the Ministry of Health arising out of the outbreak of the Covid-19 pandemic, members of the Fund have lost their jobs and the situation has forced them to agitate for access to their contributions held by the National Social Security Fund (NSSF) to support … themselves … as they struggle to sustain their families … but cannot do so, due to the legal restrictions under the National Social Security Fund Act…”
The fact that NSSF made a contribution of UGX 380,000,0000 to the National Task Force on Covid -19 and nothing to its members convinced the petitioners to question the Fund’s role.
Mr. Matsiko Godwin Muhwezi, the Managing Partner of Cymbell Advocates who are representing the petitions had this to say, “ the conversation on NSSF has been going on for a long time but perhaps, the Fund’s role has been most tested in these Covid-19 times when some of its members are facing pay cuts and in some cases losing jobs. In this public interest case, our clients are keen to get an opinion from the Judiciary on the constitutionality of the NSSF governing law”.
The Petitioners are asking Court that , the NSSF Act is amended to ensure that the Fund acts in the interests of its members and considers a 20% pay out to them to help stem the effects of Covid-19 on members’ livelihoods.