Chief Justice Salesi Temo has highlighted that the absence of critical documents during the investigation of former Supervisor of Elections Mohammed Saneem by the Fiji Elections Office (FEO) was rooted in administrative issues rather than oversight. Justice Temo’s remarks came upon discovering that Saneem’s appointment letters and contracts were missing from his personal dossier at the FEO, a matter of surprise for the court.
The situation unfolded as Mesake Dawai, Manager of Legal Affairs, testified that his investigation into a complaint regarding Saneem’s tax reimbursement of $55,944, authorized by then Attorney-General Aiyaz Sayed-Khaiyum, relied solely on available documents. The court was informed that these crucial documents were held by the Constitutional Offices Commission (COC) secretariat, prompting Saneem’s lawyer, Devanesh Sharma, to suggest Dawai should have requested them from the COC.
Dawai clarified that the oversight in filing Saneem’s appointment letters, which were addressed to the Prime Minister, was an administrative lapse rather than a failure on the part of the FEO. Justice Temo concurred, confirming the issue was indeed administrative. Furthermore, it was noted that Saneem’s appointment letters from 2014, 2019, and 2021 had not specified terms, as the President had delegated contract execution authority to the Prime Minister, as per section 135(3) of the Constitution. Dawai argued unsuccessfully that contract revisions should adhere to section 136(2), demanding an independent committee recommendation.
Key players in the case, including Acting Director of Public Prosecutions Nancy Tikoisuva, are preparing further submissions, with the case set to resume on September 29.
Notably, this case shines a light on procedural complexities and raises questions about governance and administrative processes in Fiji. The ongoing trial of Saneem and former Attorney-General Sayed-Khaiyum, marred by controversies over ethical and accountability standards, underscores the critical importance of transparency and rigorous administrative practices. Should the case lead to reforms, it could reinforce ethical governance and enhance public trust in Fiji’s institutions.