Court has issued a temporal injunction, restraining National Social Security Fund (NSSF) from implementing its directives of sending the deputy managing director, Geraldine Ssali on forced leave.
Thursday, the Head - Civil Division Justice Stephen Musota directed that Ssali be re-instated back to her office until her application for judicial review is heard and determined because she has proved a prima facie case against NSSF which must be investigated by reviewing its directives.
“Sending of Ssali on forced leave when she had completed her leave days raises suspicion and must be investigated,” he noted. He also ordered NSSF to pay Ssali the costs of the application.
A prima facie case is the establishment of a legally required rebuttable presumption while judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary in order to invalidate laws and decisions that are incompatible with a higher authority.
The High Court Judge noted that the balance of convenience is in favour of Ssali due to the disputed conduct of NSSF, adding that she (Ssali) will continue to suffer irreparable damages to her reputation if the temporal injunction is not granted.
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