Dr Ngwira fights dismissal from NSSA at the Labour Court

Online Reporter

National Social Security Authority (NSSA)’s former finance director, Dr Daniel Ngwira, is challenging his dismissal from the institution at the Labour Court on the basis that he took “prudent actions to preserve the compulsory pension funds, procedural flaws in the whole disciplinary process”.

In addition, he is also arguing that all four counts of misconduct levelled against him were not in his line of duty.

Dr Ngwira, who was fired on February 18 this year, has denied “failing to process, and authorise Ms Agnes Masiiwa’s terminal benefits when there was no resolution to her exit package until mid-2025”, and the ex-compliance director still had an outstanding loan with the public entity.

“The employee (Dr Ngwira) denied that in May 2025, he willfully refused to facilitate the payment of terminal benefits due to Ms Masiiwa…,” read Dr Ngwira’s defence outline, which was submitted when he made his Labour Court application on March 31.

“There was no formal resolution by the employer (NSSA) binding on him… as the payment was being deliberated upon with the organisation (and it) was authorised by the board in August 2025…”

He added that his alleged crime was to “only flag the outgoing senior executive’s August 2022 home improvement loan” and he had “even been authorised by Dr Charles Shava to represent the organisation in arbitration proceedings against the former contributions director” around June 10 last year.

“On count two, the employee denies that he improperly… interfered with an internal approval and decision-making process (after) commenting on the memo after finding it in his office,” read the defence outline.

“His comments… were advisory and intended to safeguard the interests of the employer in line with the loan privilege for long-serving members, and Public Finance Management Act (PFMA).”

While Dr Ngwira stated that it was not his responsibility to generate and process payroll-linked terminal benefits, as this was a human resources issue – currently led by Dr Betty Nyereyegona – he emphasised that payroll schedules have always been consistently signed off by the general manager (GM) in line with general corporate practice or societal norms.

He said that his prudent advice was not only borne out of a May 2024 legal opinion from the Attorney General’s Office that all facilities taken out after June 2022 were payable in United States dollars as the loans issue had “becoming generally contentious since some employees had accessed hard currency loans now being repaid in local currency, and resulting in balance sheet erosion”, but also strongly argued that he could not have just released money without “reviewing all necessary documents for purposes of complying with policy and procedures” even in the case of Perpetual Chimeura’s US$140 000 car loan when she was nearing the end of her contract.

“The employee (Dr Ngwira) recommended that the disbursement be done upon the issuance of a new contract (given (the deputy information and communication technology deputy director’s tenure) was going to expire in about four months,” Dr Ngwira said, adding his decision not to recommend these financial transactions was also in line with his job description, which states that he was supposed to “contribute to the overall financial well-being and strategic issues that could impact the organisation by giving the board, and chief executive office (CEO) sound advice”.

“His was just a recommendation, which (Dr Shava as) the accounting officer could override if he wishes and provided no law… is violated,” read the defence outline.

Dr Ngwira also emphasised that even though the paper was not addressed to him, his observation was that the deal did not comply with NSSA’s high value loan policy’, and that it was not secured by title deeds or pension refund.

With section 14 and 23 of the PFMA, and statutory instrument 168 of the Public Entities and Corporate Governance Act guaranteeing dissent on these parastatal or operational-linked debates – and just as the facilities were subsequently granted anyway under the GM’s directive – Dr Ngwira said his reluctance to endorse the loan was also based on the fact that NSSA was about to implement a July 2025 restructuring exercise, which might have eliminated Ms Chimeura’s role, potential conflict of interest since he was her immediate boss and that the loan had a five-year repayment period against the applicant’s short-term contract.

He also accused Dr Shava of stripping him of his other duties to supervise the ICT department, altering his employment contract and threatening to dismiss him after numerous clashes dating back to December 2023, but he is under the gun for “pushing too hard for a condition of service vehicle and in a disrespectful manner”.

“He denies that in persistently pursuing his condition of service motor vehicle, he disregarded organisational discipline or reporting protocol or authority of the GM. He was entitled to assert his employment rights and escalate the issue…,” read the defence outline.

Dr Ngwira, who was hired by NSSA in March 2022, indicated that the car issue was a contractual benefit, which had twice been approved by Dr Emmanuel Fundira’s board in December 2023 and sometime in 2024, but also provided some evidence of his attempts to engage his former boss on the matter some three years ago and on January 26.

“The GM cannot have final authority over matters… which he is refusing to honour. It becomes a grievance and, as a director, my grievance can only be solved by the board. I had appealed to the board, but instead of getting a response… I am instead being fired,” read Dr Ngwira’s defence outline.