Former Prime Minister Voreqe Bainimarama has initiated a civil lawsuit against the Government of Fiji and the Office of the Attorney-General, claiming that he has not received the correct pension and gratuity payments owed to him. The lawsuit was addressed for the first time in the High Court by Acting Master Wickramasekara.
In his filing, Bainimarama seeks several outcomes:
– A declaration affirming his entitlement to a remaining gratuity balance of $337,211.12 from the Government.
– A court ruling on his right to receive a fortnightly retirement pension of $7,112.37.
– Judgment requiring the payment of the gratuity amount.
– Pre-judgment and post-judgment interest on the sums owed.
– The reimbursement of his legal costs on a full indemnity basis.
– Additional relief deemed appropriate by the court.
Bainimarama’s claims are grounded in Section 9 of the Prime Minister’s Pension Act 1994, which outlines entitlements for those who have served at least five years. This includes provisions for communication, a ministerial vehicle, medical treatment, and an annual budget for personal staff, among other benefits. According to court documents, Bainimarama claims he has been entitled to these benefits since December 24, 2022.
However, the Attorney-General’s office contends that the salaries of public officials, including the Prime Minister, were reduced by 20% in March 2022 due to parliamentary resolutions, and this reduction remained until a new determination was made, which did not occur before Bainimarama’s retirement. Consequently, it states that he was entitled only to 80% of the stated salary when he retired, equating to $263,000 per annum.
Both the Attorney-General’s office and the Government of Fiji reject Bainimarama’s allegations of non-payment and have urged the court to dismiss his lawsuit with costs.
The court has instructed Bainimarama to respond to the defendants within 14 days, with the deadline set for November 19. The defendants are required to respond by December 3. Additionally, a Pre-Trial Conference is scheduled for January 7, 2025, and the next hearing will occur on February 5, 2025. Failure to meet these deadlines could result in a $2,000 fine for Bainimarama and the dismissal of the case.
This situation presents an opportunity for significant legal proceedings, emphasizing the importance of judicial processes in resolving disputes around governmental entitlements. The scheduled dates offer a chance for both parties to present their arguments, potentially paving the way for a resolution that clarifies pension entitlements for former officials.
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