The Suva High Court has begun examining the case against former Attorney General Aiyaz Sayed-Khaiyum, where concerns have been raised over the language of the charges against him. Sayed-Khaiyum is accused of overstepping his authority while serving as Prime Minister and Chair of the Constitutional Offices Commission in 2022 by signing a second Deed of Variation and Addendum that allegedly approved the waiver of additional deductible taxes owed by former Supervisor of Elections Mohammed Saneem without the necessary consent from the President or the COC.
During questioning, Sayed-Khaiyum asserted that no waiver for Saneem had been formally granted, clarifying that the second deed was intended to replace the first and include clarifying provisions. He referenced minutes from a COC meeting held on January 1, 2023, which included various high-ranking officials, during which Saneem’s salary increment was approved. At that meeting, Sayed-Khaiyum participated via Zoom, and there was no mention of any issues regarding the tax component of Saneem’s back pay.
Sayed-Khaiyum highlighted that he was unaware of whether the Fiji Electoral Office processed any payments in 2021 and noted that he was reviewing many documents for the first time during the trial. He mentioned that the refund amounting to $55,944 was classified as income and taxed appropriately, which he argued did not financially prejudice the government. Notably, he clarified that the complaint regarding the situation did not come from the President or the government but from the current Supervisor of Elections, Ana Mataiciwa.
Chief Justice highlighted various legal complexities surrounding the Deed of Variation clauses in Saneem’s case, as both individuals face serious allegations. Sayed-Khaiyum is charged with one count of abuse of office, while Saneem faces charges related to receiving a corrupt benefit, specifically alleging that he unlawfully requested and obtained tax relief exceeding $55,000 on back pay.
The state is set to continue its examination of Sayed-Khaiyum later today. This case is pivotal, as it emphasizes the importance of proper authority and compliance within government procedures. The ongoing court proceedings might ultimately lead to significant implications for governance, accountability, and public trust in Fiji’s electoral system. The focus on legal clarity and adherence to procedural norms reflects a collective commitment to transparency that is essential in restoring public confidence in governmental institutions.