FICAC Clears Former PM Bainimarama and AG Sayed-Khaiyum of Misconduct Claims

Former Prime Minister Voreqe Bainimarama, former Attorney General Aiyaz Sayed-Khaiyum, and former Elections Supervisor Mohammed Saneem have been exonerated from allegations that were under investigation by FICAC.

FICAC has concluded its investigation into Mr. Bainimarama regarding accusations of falsely declaring his income, assets, and liabilities for the years 2014 to 2019 and 2022. This inquiry was initiated following a referral from the Fijian Elections Office in February this year.

According to FICAC, Mr. Bainimarama accurately declared his dividend, along with the value of his shared assets and a term saver account where the dividend was deposited. The investigation also revealed that, according to the Income Tax (Exempt Income) Regulation 2016, the allowances in question are exempt, as they apply to all official allowances received by Members of Parliament.

The report noted, however, that Section 15 (c) of the Income Tax Act does not recognize allowances that augment the performance of an employee’s duties, including per diem allowances. Based on the investigation’s results and subsequent legal advice, FICAC determined that there is insufficient evidence to support the allegations made against Mr. Bainimarama.

Regarding Mr. Sayed-Khaiyum, FICAC has also absolved him from allegations that he failed to declare his overseas travel allowance. The agency stated that it lacks adequate evidence to substantiate claims of a breach of Section 24 (5) of the Political Parties (Registration, Conduct, Funding and Disclosures) Act 2013 by Mr. Sayed-Khaiyum.

FICAC’s findings indicate that the Political Parties Act does not specifically address the declaration of “Income and the Types of Income” for political office holders. The agency further recommended that the Fijian Elections Office revise and strengthen certain areas to prevent similar issues in the future and to enhance clarity during the investigation process.

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