Former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum, and former Elections Supervisor Mohammed Saneem have been exonerated from allegations investigated by FICAC.
FICAC has closed the case against Mr. Bainimarama regarding accusations of making false declarations of income, assets, and liabilities for the years 2014 to 2019 and 2022. This inquiry was initiated by the Fijian Elections Office in February of this year.
According to FICAC, Mr. Bainimarama properly declared his dividends as well as the value of his shares and term saver account into which the dividends were deposited. The investigation determined that the income he received, in accordance with the Income Tax (Exempt Income) Regulation 2016 Schedule, is exempt as it pertains to allowances for members of Parliament.
However, Section 15 (c) of the Income Tax Act specifies that allowances related to the performance of an employee’s duties, including per diem allowances, are not recognized. After examining the case and obtaining a legal opinion, FICAC concluded there was insufficient evidence to substantiate the claims made against Mr. Bainimarama.
In the case of Mr. Sayed-Khaiyum, FICAC has also cleared him of allegations related to his overseas travel allowance. The agency confirmed it lacks sufficient evidence to demonstrate that he violated Section 24 (5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013.
The investigation revealed that the 2013 Act does not specifically address what types of income political office holders are required to declare. FICAC has recommended revisions to the Fijian Elections Office to address these issues and provide clarity during future investigations.