The Acting Master of the High Court, Liyanage Kashyapa Wickramasekara, has authorized former Prime Minister Voreqe Bainimarama’s lawsuit against the Government of Fiji to move forward. Bainimarama claims the Government has incorrectly calculated his pension and one-time gratuity payments, alleging significant discrepancies in the amounts owed to him.
In his lawsuit, Bainimarama asserts that his pension should total $246,562.50 annually based on 75 percent of his annual salary of $328,750. However, he alleges that the Government has reduced this pension to $184,921.87 during the COVID-19 pandemic. Additionally, he claims he is entitled to a gratuity payment of $770,507.87 but has only received $433,296.75, leaving him with an outstanding balance of $337,211.12.
Bainimarama is seeking not only the remaining gratuity balance but also a fortnightly pension of $7,112.37 alongside 13.5 percent annual interest on the amounts owed. His lawyer, Fatima Gul, indicated that all legal orders had been complied with and both parties are ready for a one-day hearing scheduled to focus on the narrow legal issues, which will include five witnesses.
The Government contends that Bainimarama’s pension has been calculated according to the Prime Ministers Pension Act of 1994, which involves certain reductions in salaries for public officials during economic adjustments. They assert that Bainimarama’s final pension payment should equate to 80 percent of $263,000, as determined by parliamentary resolutions.
The court has set deadlines for filing necessary documents, ordering Bainimarama to submit by November 19 and the Government to respond by December 3. A pre-trial conference has been scheduled for January 7, 2025, with a subsequent hearing on February 5, 2025. Failure to comply with these deadlines may result in fines.
This court case highlights the complexities surrounding pension rights for public officials and underlines the importance of diligence in ensuring that entitlements are correctly administered. As both sides prepare to present their arguments, there is potential for this legal action to lead to clearer guidelines on pension payments and hold the Government accountable for its obligations, fostering public trust in the administration.
Overall, this legal process not only seeks to resolve a personal issue but also opens discussions regarding the fairness and transparency of pension distributions for former public servants, potentially leading to reforms that enhance the integrity of public service compensations.
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