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Illustration of Bainimarama files lawsuit Govt, AGs Office

Bainimarama Battles Fiji Government for Pension Payout

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Former Prime Minister Voreqe Bainimarama has initiated a civil lawsuit against the Government of Fiji and the Office of the Attorney-General, citing issues regarding the correct payment of his pension and gratuity funds. This case was first addressed in the High Court before Acting Master Wickramasekara.

Bainimarama’s lawsuit demands several key outcomes, including:

– A ruling that recognizes his right to receive a gratuity balance of $337,211.12 from the Government of Fiji.
– A court declaration affirming his entitlement to a biweekly retirement pension of $7,112.37.
– A judgment for the total gratuity amount.
– An order for pre-judgment interest on the total at the current bank’s overdraft interest rate of 13.5 percent.
– Post-judgment interest from the ruling date until full payment is completed.
– Coverage for his legal costs on a complete solicitor-client indemnity basis.
– Any additional relief the court finds appropriate.

Under the Prime Minister’s Pension Act of 1994, individuals who have served for at least five years are entitled to various benefits, including telecommunications assistance, a ministerial vehicle with a driver, medical treatment provisions, a budget for personal staff, and potential security measures.

Court documents disclose that Bainimarama’s entitlement to these benefits has been recognized since December 24, 2022. However, the Office of the Attorney-General contends that modifications were made to the salaries of the Prime Minister and other public officials, instituting a 20 percent salary reduction effective March 2022, following parliamentary resolutions. They argue that Bainimarama’s final salary upon retirement stood at $263,000 per annum, offsetting any pension benefits.

The defendants contend that they have not failed in their payment obligations under the law and have requested the court to dismiss Bainimarama’s lawsuit while ordering costs against him.

As ordered by the court, Bainimarama must respond to the allegations within 14 days, with a final response from the defendants by December 3. The court has set a Pre-Trial Conference for January 7, 2025, with the subsequent hearing scheduled for February 5, 2025. If Bainimarama does not meet these deadlines, he could face a fine of $2,000 and the potential dismissal of the case.

This legal dispute highlights ongoing complexities regarding pension and entitlement payments for public officials, emphasizing the need for clear regulations and timely resolutions to avoid similar conflicts in the future.

While this situation is challenging for both sides, it also opens the door to a resolution that could strengthen the legal framework governing public sector pensions in Fiji, ensuring clarity for future public officials. The upcoming court dates could pave the way for an equitable outcome and contribute to better governance and accountability in public service.


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