Former Prime Minister Voreqe Bainimarama has initiated a civil lawsuit against the Government of Fiji and the Attorney-General’s Office for allegedly failing to provide him with the correct pension and gratuity payments he claims are owed to him. The case was first addressed by Acting Master Wickramasekara in the High Court.
In his lawsuit, Bainimarama has requested several declarations, including the payment of his outstanding gratuity balance of $337,211.12 and a fortnightly retirement pension of $7,112.37. He seeks a judgment for the gratuity amount, pre-judgment interest at 13.5 percent, post-judgment interest until full payment is made, full solicitor-client indemnity costs, and any other relief the Court may find appropriate.
Under the Prime Minister’s Pension Act of 1994, individuals who have served over five years qualify for certain benefits, including telephone services, a ministerial vehicle and driver, medical treatments, a substantial annual budget for personal staff, and security provision as deemed appropriate.
As per court documentation, Bainimarama’s entitlement to these benefits since December 24, 2022, is being disputed. The Attorney-General’s Office argues that salaries for the Prime Minister and other public officials were reduced by 20 percent in March 2022, a reduction that remains until Parliament enacts a new resolution. Consequently, Bainimarama’s salary was purportedly adjusted to $263,000 per year upon retirement, with claims that he is entitled to only 80 percent of this adjusted salary.
The Government of Fiji has refuted allegations of failing to pay Bainimarama’s pension and called for the lawsuit to be dismissed. Both defendants deny the relief sought by Bainimarama and state that absent explicit pleading, all claims in the lawsuit are denied.
The matter has been set for further proceedings, with Bainimarama required to respond within 14 days and the defendants to reply by December 3. A Pre-Trial Conference is scheduled for January 7, 2025, with the next court hearing taking place on February 5, 2025. Should there be a failure to meet these deadlines, a penalty of $2,000 could be imposed on Bainimarama, and the case may be dismissed.
This ongoing legal issue highlights the complexities surrounding pension entitlements and public service remuneration, illustrating the intricate relationship between government policy changes and individual rights.
In a positive outlook, this case may foster a broader discussion on the entitlements of public servants making their contributions and possibly bring forward systemic changes to ensure transparency and consistency in the management of such benefits in the future.
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