Government sued for refusing members access to partial payment of their NSSF savings

Government has been dragged to the Constitutional Court for stopping members from accessing partial payments of their National Social Security Fund savings to enable them cope with the burden of the Coronavirus pandemic.

In a suit filed on Monday, Morrison Rwakakamba  together with his organization, Agency for Transformation say that whereas world over the effects of the Coronavirus have been felt, it is wrong for NSSF to refuse to give partial payments to members  in this trying moment.

“The country and world at large have been hit by the Covid-19 pandemic whose effect has led to various directives issued by the President of Republic of Uganda and the Ministry of Health.  The said directives  and guidelines have limited the mobility of the members who contribute to the fund managed by the second respondent(NSSF) and most of them have closed operations  and are not earning any money,” Rwakakamba says.

He avers that the presidential directives have also negatively impacted on  the members’ right to life and livelihood as majority cannot afford a meal or basic necessities for themselves and families yet they have savings  with NSSF.

Rwakakamba says that many members have also lost jobs  and the situation has forced them to agitate for access to their contributions held by NSSF to support and bail themselves out as the struggle to sustain  their families and meet  their day to day obligations.

“.. yet they cannot due to the legal restrictions under the National Social Security Fund Act and yet the second respondent(NSSF) made a shs380 million contribution to the  national task force efforts under the Prime Minister’s office.”

“Social security is about people and not about profits since under social security, people earn the right to participate by working and contributing. Social security is never intended to be an investment program,” Rwakakamba avers.

Declarations

In his suit, Rwakakamba wants the Constitutional Court  to declare that section 19(1),(2), (3),(4), (5), 20, 21, 22, 23, 24, and 25 of the national Social Security Fund Act Cap 22 that impose restrictions on mid-term access by contributors is in contravention of  obligations with regards to the rights enshrined under international human rights instruments ratified to by Uganda.

He says the international human rights instruments include  the International Labour Organisation  Social Security  Convention.