The High Court has tentatively scheduled a hearing for a civil lawsuit filed by former Prime Minister Voreqe Bainimarama against the Government of Fiji and the Office of the Attorney-General. The lawsuit addresses issues related to alleged unpaid pension and gratuity entitlements.
Bainimarama claims he is owed a total of $337,211.12 in outstanding gratuity, along with a declaration recognizing his entitlement to a biweekly retirement pension of $7,112.37. In addition to the full gratuity payment, he is also seeking pre-judgment interest calculated at the lending bank’s overdraft rate of 13.5%, post-judgment interest until the full payment is completed, and coverage of his legal costs on a full indemnity basis, as well as any other relief deemed appropriate by the court.
Bainimarama’s legal counsel has emphasized the urgency of the matter, citing the nature of pension claims. His team plans to call two witnesses to support their case. Meanwhile, the State has indicated that it does not object to the payments in principle, but may contest the specifics based on the interpretation of the Parliamentary Remuneration Act and the Prime Minister’s Pension Act.
The Government’s position asserts that Bainimarama’s entitlements were impacted by a 20% salary reduction imposed on public officials due to parliamentary resolutions in March 2022, insisting that he should receive only 80% of his stated salary upon retirement, which amounts to $263,000 annually.
The court has provided Bainimarama with a deadline of November 19 to respond to any claims made by the defendants, with a response from them expected by December 3. A pre-trial conference is scheduled for January 7, 2025, followed by the next hearing on February 5, 2025. The court has warned that failure to adhere to these deadlines could result in a fine of $2,000 and potentially the dismissal of the case.
This ongoing legal dispute highlights the complexities around pension entitlements for public officials, emphasizing the importance of clear policy and administration. As the proceedings progress, they may pave the way for necessary reforms in how such entitlements are managed, promoting greater accountability and transparency in the public sector’s financial dealings. The case serves as a significant opportunity for the judiciary to clarify and strengthen the framework governing pension rights for former officials, which could benefit future public servants.
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