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Illustration of Bainimarama files lawsuit Govt, AGs Office

Bainimarama vs. Fiji Government: A Pension Showdown Awaits!

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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, claiming they have failed to make accurate pension and gratuity payments owed to him. The lawsuit was first addressed today by Acting Master Wickramasekara in the High Court.

Bainimarama is seeking several declarations and financial compensation, including:

– A declaration for a gratuity payment of $337,211.12.
– A declaration for a fortnightly retirement pension of $7,112.37.
– A judgment for the total gratuity amount claimed.
– An order for pre-judgment interest on the sum at an overdraft interest rate of 13.5 percent.
– An order for post-judgment interest until full payment is made.
– Coverage of his legal costs on a full solicitor-client indemnity basis.
– Additional relief deemed just and fair by the Court.

Under Section 9 of the Prime Minister’s Pension Act 1994, individuals with more than five years of service are entitled to various benefits, including telephone provision, a ministerial-type vehicle with a driver, local medical services, an annual budget for personal staff, and security protection as deemed necessary by the Prime Minister. Bainimarama maintains he is still entitled to these benefits since December 24, 2022.

The Attorney-General’s office argues that the salaries for the Prime Minister and other officials were reduced by 20% in March 2022 due to Parliament’s resolution, which did not change before Bainimarama retired. Consequently, they contend that he is entitled to only 80% of the salary as per their calculations, which was $263,000 at the time of his retirement. They have denied any accusations of failing to pay his pension entitlements.

Both defendants are asking the court to dismiss the lawsuit and request costs. The Court has given Bainimarama 14 days to respond to the matter, with a deadline of November 19, while the defendants must respond by December 3. A Pre-Trial Conference is set for January 7, 2025, and the case will be called again on February 5, 2025. If Bainimarama does not meet these deadlines, he risks a fine of $2,000 and possible dismissal of his case.

This legal dispute highlights ongoing economic challenges and the complexities surrounding public service compensations. As the situation evolves, it underscores the importance of clarity in government financial obligations, which could lead to more transparent discussions regarding pensions and retirement benefits in Fiji.

It remains hopeful that the legal proceedings will resolve the matter amicably, paving the way for an improved framework regarding former officials’ benefits to avoid similar conflicts in the future.


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