Former Prime Minister Voreqe Bainimarama has initiated legal action against the Government and the Attorney-General, asserting that they have not fully compensated him for his pension and gratuity entitlements. Bainimarama’s attorney, Fatima Gul, brought the matter before Acting Master Liyanage Kashyapa Wickramasekera at the High Court in Suva yesterday.
The lawsuit claims that Bainimarama, who held the office of Prime Minister from 2009 to 2022, is owed 75 percent of his annual salary as pension along with a gratuity payment. He maintains that this amounts to $246,562.50, calculated from his annual salary of $328,750, although the Government has allegedly reduced this amount to $184,921.87.
Additionally, Bainimarama claims he is entitled to a one-off gratuity of $770,507.87, but reports indicate that the Government has only reimbursed him $433,296.75, creating a shortfall of $337,211.12.
Bainimarama’s legal team is seeking the following remedies:
– Payment of the outstanding gratuity balance of $337,211.12
– Accurate fortnightly pension payments amounting to $7,112.37
– Compliance with entitlements specified in Section 9 of the Prime Ministers Pension Act 1994
– Pension and retirement allowances calculated based on the Parliamentary Remuneration Act
– Prejudgment interest at a rate of 13.5 percent per annum, alongside post-judgment interest until the complete amount is settled
– Coverage of legal costs on a full solicitor-client indemnity basis.
The Government has responded to the lawsuit by denying the allegations, asserting that Bainimarama’s payments have been compliant with the Prime Ministers Pension Act. They contend that he should receive 80 percent of the salary as per the Parliamentary Remuneration Act, amounting to $263,000, and insists that all relevant benefits have been provided.
The court has instructed Bainimarama to submit further filings by November 19, while the Government’s response is expected by December 3. A pre-trial conference is scheduled for January 7, 2025, with the case adjourned to February 5, 2025, and a potential $2000 fine for any party that fails to comply with court orders.
This case highlights ongoing legal challenges and emphasizes the importance of ensuring that entitlements are properly administered in public service. Whatever the outcome, it serves as a reminder of the complexities involved in public pensions and the necessity for clear and fair policies in place.
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