The Suva High Court has recently heard testimony revealing that Mohammed Saneem, the former Supervisor of Elections, may have been improperly charged for taxes on his back pay. Former Attorney General Aiyaz Sayed-Khaiyum provided evidence in court concerning the ongoing legal matter where he faces a charge of abuse of office, while Saneem is charged with accepting a corrupt benefit.
The court was informed that the Fiji Elections Office deducted approximately $110,840 in taxes from Saneem’s back pay; however, the actual correct tax owed was assessed to be around $67,000. Additionally, an unexplained adjustment of $12,000 was included, leading to an overpayment of approximately $55,000, which has since been reimbursed to Saneem.
Sayed-Khaiyum highlighted that while Saneem’s contract indicated that the government would cover any additional taxes related to his back pay, no such payments were made by the government, meaning all tax deductions came directly from Saneem’s salary. He further detailed that Saneem’s salary was set based on recommendations from an independent committee after the 2013 Constitution was enacted, which proposed a salary structure for Saneem ranging from $320,000 to $370,000, including various other benefits.
The court also learned that the Electoral Commission, under whose oversight Saneem operated, was responsible for approving bonuses associated with his role. After the Constitutional Offices Commission made decisions regarding Saneem’s compensation, formal communication was given to the President, followed by the signing of a deed of variation between Saneem and the government.
In an intriguing turn, it was alleged that while serving as Acting Prime Minister and Chair of the Constitutional Offices Commission in 2022, Sayed-Khaiyum executed a second Deed of Variation and Addendum, which would allow for the payment or waiver of additional deductible taxes owed by Saneem without the required approval from the President or the Commission. This has raised questions regarding governance and accountability in the process.
Saneem stands accused of requesting and receiving a benefit in the form of deductible tax relief amounting to $55,944.03 on his back pay from Sayed-Khaiyum. The matter has now been adjourned, with further court proceedings scheduled for Monday, where the state is expected to cross-examine a defense witness.
This trial delves into complex issues of ethics and governance within Fiji’s public sector. The outcomes could lead to significant discussions and potentially influence reforms aimed at enhancing transparency and public accountability. As the legal proceedings unfold, they may also provide a path towards reinforcing ethical practices in governmental operations, promoting greater public trust in electoral and administrative processes in Fiji.