Former Prime Minister Voreqe Bainimarama has initiated legal action against the Government and Attorney-General, asserting that they have not fulfilled their obligations regarding his pension and gratuity payments. Bainimarama’s attorney, Fatima Gul, presented the case to Acting Master Liyanage Kashyapa Wickramasekera at the High Court in Suva on the previous day.
The lawsuit claims that Bainimarama, who held the Prime Minister position from 2009 until 2022, is owed 75 percent of his annual salary as part of his pension, which he calculates to be $246,562.50 based on his annual salary of $328,750. However, the Government has reportedly revised this figure down to $184,921.87. Furthermore, Bainimarama contends he is entitled to a one-time gratuity payment of $770,507.87, alleging that he has only received $433,296.75, creating an outstanding balance of $337,211.12.
Bainimarama’s legal team is requesting the court for various resolutions, which include the following:
– Payment of the remaining gratuity amount of $337,211.12.
– Adjustment of the pension payments to $7,112.37 per fortnight.
– Entitlements as specified in Section 9 of the Prime Ministers Pension Act of 1994.
– Pension and retirement allowances based on the remuneration specified by the Parliamentary Remuneration Act.
– Pre-judgment interest at a rate of 13.5 percent per annum and post-judgment interest until the total amount owed is settled.
– Coverage of legal costs on a full indemnity basis.
In response, the Government has refuted Bainimarama’s claims, maintaining that his entitlements have been properly disbursed according to the Prime Ministers Pension Act. They assert that Bainimarama is entitled to 80 percent of a salary stated in the Parliamentary Remuneration Act, totaling $263,000, and that all applicable benefits have been provided.
The court has mandated Bainimarama to submit additional documents by November 19, with the Government’s counter-response expected by December 3. A pre-trial conference is scheduled for January 7, 2025, and the case will be further reviewed on February 5, 2025. Non-compliance with court directives will result in a $2000 penalty for any involved party.
Overall, this situation highlights the complexities and significance of legal frameworks regarding pension rights and entitlements for public officials, encouraging a closer examination of how these frameworks operate. While the legal proceedings may take time, they present an opportunity to clarify and potentially reform such entitlements for current and future public servants, ensuring transparency and fairness in the compensation they receive.
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