SEVERAL entities sued by former supervisor of elections Mohammed Saneem over an alleged unpaid leave entitlement of $54,443.71 will file a stay application pending the outcome of a related criminal case.
Lawyer Geraldine Naguilevu, representing the five defendants, confirmed to Justice Savenaca Banuve yesterday that the application would be filed within 14 days.
The defendants are the President, the Prime Minister, the Constitutional Offices Commission, the Solicitor-General, and the Attorney-General.
In the civil claim, Mr Saneem, whose salary was $350,000, said he was suspended on full pay after the change in government following the 2022 General Election. During that suspension, he resigned to the President, which was accepted the following year with immediate effect. Mr Saneem claims he was entitled to a leave payout for 48 days, including annual leave and time-off-in-lieu, totalling $67,307, but received only $12,863.86. He said he was owed $54,443.71 without unlawful deductions, as provided under Section 136(1) of the Constitution.
The court is awaiting the outcome of the criminal case in which Mr Saneem is charged with receiving a corrupt benefit alongside former attorney-general Aiyaz Sayed-Khaiyum.
Chief Justice Salesi Temo is scheduled to deliver a ruling on May 14.
The criminal matter concerns the approval and payment of a tax relief benefit allegedly obtained under a second Deed of Variation (DoV) dated June 30, 2022, without proper constitutional endorsement.
In a March 6 ruling, Justice Banuve found the validity of the DoV to be central to both the civil and criminal cases, meaning the criminal ruling could directly impact the civil proceedings.
The civil matter will be revisited on June 19.
