SEVERAL parties sued by former Supervisor of Elections Mohammed Saneem over an alleged unpaid leave entitlement of $54,443.71 have applied to stay the civil proceedings pending the outcome of the State’s appeal in the related criminal case.
Lawyer Geraldine Naguilevu, representing the five defendants, confirmed before Justice Savenaca Banuve yesterday that the stay application was filed on July 23.
The defendants are the President, the Prime Minister, the Constitutional Offices Commission, the Solicitor-General, and the Attorney-General.
Mr Saneem claims he is owed $54,443.71 in unpaid leave entitlements following his resignation. He said that after being suspended on full pay following the change of government after the 2022 General Election, he resigned and his resignation was accepted by the President the following year with immediate effect.
He claims he was entitled to a payout for 48 days of accrued annual leave and time-off in lieu, totalling $67,307, but received only $12,863.86. He argues the outstanding balance should have been paid under Section 136(1) of the Constitution.
The civil proceedings had been awaiting the outcome of the criminal case in which Mr Saneem and former attorney-general Aiyaz Sayed-Khaiyum were charged with receiving a corrupt benefit. Although both men were acquitted on June 26, the State has since appealed the acquittals.
Earlier this year, Justice Banuve ruled that the validity of the Deed of Variation was central to both the civil and criminal proceedings, making the outcome of the criminal case relevant to the civil claim.
The matter has been adjourned to August 14 for mention.
