Former Prime Minister Voreqe Bainimarama has initiated legal proceedings against the Fijian Government and the Attorney-General, asserting that they have not fulfilled their obligations to pay him the full amount of his pension and gratuity entitlements. Bainimarama’s attorney, Fatima Gul, presented the lawsuit yesterday before Acting Master Liyanage Kashyapa Wickramasekera in the High Court in Suva.
Bainimarama, who held the prime ministerial position from 2009 to 2022, claims that he is owed 75 percent of his annual salary as a pension along with a gratuity payment. This figure reportedly amounts to $246,562.50, based on his annual salary of $328,750. However, the Government has reduced this amount to approximately $184,921.87, according to Bainimarama.
Additionally, Bainimarama argues that he is eligible for a one-off gratuity of $770,507.87 but that the Government has only disbursed $433,296.75, leaving him with an outstanding balance of $337,211.12.
His legal team is seeking several remedies, including:
– Payment of the remaining $337,211.12 gratuity balance
– Accurate fortnightly pension payments of $7,112.37
– Entitlements as per Section 9 of the Prime Ministers Pension Act 1994
– Pension and retirement allowances based on the Parliamentary Remuneration Act
– Prejudgment interest at 13.5 percent per annum and post-judgment interest until full payment is made
– Legal costs on a full solicitor-client indemnity basis
In response, the Government refutes Bainimarama’s claims, arguing that his entitlements have been appropriately paid in accordance with the Prime Ministers Pension Act. They contend that Bainimarama is entitled to 80 percent of the salary outlined in the Parliamentary Remuneration Act, amounting to $263,000, and maintain that all benefits owed have been provided.
The court has instructed Bainimarama to submit further documents by November 19, with the Government required to respond by December 3. A pre-trial conference is planned for January 7, 2025, and the case is rescheduled to be heard again on February 5, 2025. Should either party fail to adhere to court orders, a fine of $2,000 will be imposed.
This lawsuit underscores the ongoing legal complexities faced by former leaders as they seek to secure their entitlements amid changing political and legal landscapes. The upcoming court dates will be crucial in determining the outcome of this matter.
While it’s a challenging situation, such legal proceedings could pave the way for clearer guidelines around pension entitlements for public officials in the future, enhancing legal clarity and ensuring that former leaders receive fair treatment concerning their retirement benefits.
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