Saneem pay-out case to be recalled later

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Former supervisor of elections Mohammed Saneem, right, is accompanied by lawyer Gul Fatima out of the High Court in Suva yesterday. Picture: ANDREW NAIDU

Former supervisor of elections Mohammed Saneem’s civil lawsuit against the State for allegedly failing to settle his remaining leave payout, totalling $54,443.71, will be recalled in November.

Lawyer Aiman Sayed-Khaiyum informed Justice Savenaca Banuve yesterday that Mr Saneem is yet to file and serve his reply to the defendant’s sworn written statement (affidavit) opposing his claims.

Defendants in this lawsuit are the President, the Prime Minister, the Constitutional Offices Commission, the Solicitor-General, and the Attorney-General.

According to the originating summons, Mr Saneem, who had a $350,000 salary, asserted that he was suspended with full pay following the change in government after the 2022 General Elections, and during this suspension, he submitted his resignation to the President, which was accepted the following year, “with immediate effect”.

Mr Saneem claimed he was entitled to a leave payout of 48 days, which included his annual leave and time-off-in-lieu, resulting in a final payout of $67,307, but received only $12,863.86

Mr Saneem claimed he is still owed $54,443.71 without any unlawful deductions as stipulated in Article 136 (1) of the Constitution. He had written to the defendants in 2023 and again this year, but the issue has not been addressed.

Mr Sayed-Khaiyum explained to the court that the delay was due to another ongoing trial, where Mr Saneem is charged alongside former attorney-general Aiyaz Sayed-Khaiyum.

The judge has allowed Mr Saneem to file a reply to the defendant’s affidavit by October 20.

The matter will be recalled at the High Court in Suva on November 7.