Former Prime Minister Voreqe Bainimarama has initiated a civil lawsuit against the Government of Fiji and the Office of the Attorney-General concerning discrepancies in his pension and gratuity payments. The lawsuit was first addressed in the High Court by Acting Master Wickramasekara.
Bainimarama is seeking several decrees from the court, including:
– A confirmation that he is owed a gratuity balance of $337,211.12 from the Government.
– A declaration for a fortnightly retirement pension of $7,112.37.
– Total judgment of the gratuity amount.
– Pre-judgment interest at a rate of 13.5 percent based on the current bank’s overdraft interest rate.
– Post-judgment interest until full payment is made.
– Coverage of his legal costs on a full solicitor-client indemnity basis.
– Any additional relief the Court sees fit.
According to the Prime Minister’s Pension Act of 1994, Bainimarama is entitled to various benefits, which include provisions for communication services, a ministerial vehicle and driver, medical treatments, an annual budget for personal staff, and security services. Court documents indicate that these entitlements have been due to him since December 24, 2022.
The Office of the Attorney-General has countered Bainimarama’s claims by stating that the salaries of the Prime Minister and public officials were reduced by 20 percent in March 2022 under Parliament’s resolutions. This reduction persists until a new determination is made, which did not occur before Bainimarama’s retirement. They maintained that Bainimarama is only entitled to 80 percent of his salary at the time of retirement, which was $263,000 annually. They also denied any failure to pay his pension rights.
The court has set timelines for responses, requiring Bainimarama to reply within 14 days and the defendants to respond by December 3. A Pre-Trial Conference has been arranged for January 7, 2025, with a subsequent matter call scheduled for February 5, 2025. The court has warned that a failure to meet deadlines may result in a $2,000 fine for Bainimarama and could lead to dismissal of the case.
This lawsuit highlights ongoing legal complexities surrounding pension rights and entitlements, especially in the context of previous governmental resolutions. While the situation remains contentious, it underscores the importance of legal processes in resolving such disputes, fostering hope for equitable resolution in the end. As the proceedings unfold, they serve as a reminder of the significance of transparency and fairness in public office remuneration.
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