http://www.fijileaks.com/home/lesson-from-south-africa-for-fijis-south-african-born-police-commissioner-it-is-a-misconception-to-think-that-anyone-with-a-diplomatic-passport-is-untouchable-fiji-police-must-arrest-sa-diplomat http://www.fijileaks.com/home/powerful-killers-police-commissioner-should-have-called-on-south-africa-to-waiver-diplomatic-immunity-instead-of-jumping-to-conclusion-that-his-countryman-south-african-diplomat-has-diplomatic-immunity
8 Comments
Fijileaks Acting Editor, CJR: We are doing our best to clear a backlog of draft stories in our master system, including Victor Lal's reflective piece on the late Chief Justice Sir Timoci Tuivaqa. The late CJ was instrumental, backed by judges Daniel Fatiaki and Michael Scott, in providing judicial recognition of the George Speight terrorism by advising the late Ratu Mara to terminate Mahendra Chaudhry. They saw an opportunity to get rid of an Indo-Fijian Prime Minister! |
"On 26 September 2000, [Mahendra Chaudhry] had opened an account with ANZ bank in NZ, three months after he was released by George Speight from Parliament. On 1 June 2004, a month after FIRCA began closing in on him, he wrote to the bank requesting interest earned on his account number 981000000116059. On 16 July, the ANZ bank wrote to him detailing interest he received on the above account between 26 March 2001 and 26 September 2003. Chaudhry received interest income of $NZ23,274.47 or $F24,575.76. The exact amount of funds Chaudhry had in the bank there is not known, but according to forensic accountants, working backwards from the interest he received it was probably $300,000 to $400,000, raising the question of the original source of the New Zealand funds." - Victor Lal, 3 September 2008
From Fiji Sun archive, 3 September 2008, by VICTOR LAL
There is hardly any discussion or information about Chaudhry’s bank account in New Zealand, with the three-member inquiry team into his tax affairs, concluding as follows: “As noted above, FIRCA’s file does not disclose how they concluded that the monies invested into the New Zealand term deposit in September 2000 were non-taxable, although the committee notes that those funds were invested soon after the events of May 2000, which led to Mr Chaudhry ceasing to be Prime Minister of Fiji and very close to the times at which the deposits into the Australian account were made.In any event, the amount invested into the New Zealand account was small (less than 8 per cent of the total funds invested in the Australian and New Zealand accounts).”
The “Report of Independent Inquiry into the taxation affairs of Mahendra Pal Chaudhry” was prepared by the team that was hastily cobbled together after I disclosed in the Fiji Sun in February 2008 that Chaudhry had been hiding $2million in a secret bank account in Sydney, Australia, and that he had made late lodgement of his 2001, 2002, and 2003 tax returns. Were the late lodgements, I asked, a deliberate ploy on Mr Chaudhry’s part to avoid explaining to FIRCA in 2004 the original source of his $2million in the Australian bank account, which we know originated from India, and was allegedly sent by one Harbhajan Lal of Haryana? I will return to the subject of the New Zealand fund later in the column.
Meanwhile, Chaudhry recently told Fiji TV “Close Up” programme that he did not receive any money from India, even though in March he had claimed on Fiji TV that the money was for him and his family. If we are to accept his denial then the whole inquiry by FIRCA and the three-member team is cancelled out, raising the question of how the inquiry team arrived at its conclusions.
The inquiry team had, based on the 20 September 2004 letter from Harbhajan Lal, concluded in its report that the money came from India: “As noted earlier, in response to FIRCA’s enquiries, Mr Chaudhry and his advisers provided to FIRCA information which ultimately satisfied them that the monies were paid into Mr Chaudhry’s account by the Indian Consulate in Sydney on behalf of supporters of Mr Chaudhry in India, in order to assist him and his family to relocate to Australia consequent on the circumstances surrounding his ceasing to be Prime Minister of Fiji in 2000.”
At the expense of repeating, it is of paramount importance to remind Chaudhry and the nation about the sequence of events which led to the discovery of his secret millions. According to his tax file, in the course of its investigation, FIRCA’s Income Matching Unit (IMU) became aware of his bank accounts in Australia and New Zealand and, on May 11, 2004, wrote to him advising him that they had received information from surveys and banks and financial institutions that he was in receipt of income, which had either not been declared or under declared. He was given 14 days to make representations to FIRCA on receipt of the letter.
On May 18, 2004, Chaudhry wrote to IMU informing it that interest on bank accounts earned in Fiji had been declared in his tax returns and he did not hold any trust deeds. What about the monies abroad? He replied: “In so far as interest from monies held in accounts abroad are concerned, please be advised that these have not been brought to Fiji but remain re-invested in the accounts there.”
On June 3, 2004, the IMU pointed out to him that he had amassed interest and dividends for the year ending 2002 of $29,606.84 and there was a discrepancy of the same amount. On the margins of Chaudhry’s May 18, 2004 letter, certain questions were raised, and the same were later repeated in a letter to him on June 15, 2004. The letter re-iterated that he was required to clarify queries with copies of documentary evidence: (a) the source of funds invested offshore; (b) when did he first invest these monies; (c) details of interest earned from when he first invested; (d) copies of bank statements and documentary evidences of any tax deducted at source.
The next day, June 16, Chaudhry wrote asking for an extension of time to provide the information because “old records will need to be looked up to obtain the details”, and that the banks had requested more time be given.
He also disclosed that he had some commitments and therefore asked if he could be given until August 15, 2004 to furnish the details. FIRCA granted him the requested extension. On August 14, a Suva chartered accountancy firm wrote to FIRCA, notifying it that Chaudhry had appointed the firm to act as his tax agent. The firm asked for further extension till September 15, 2004, which was granted.
On September 3, 2004, representatives from the accountancy firm [G. Lal & Co] visited FIRCA and wanted to know the information that was needed by the tax organisation. They were referred to the letter of June 16, and informed that FIRCA was after the most important detail, and that was “the source of the income”. The accountancy firm stated that the information would be submitted by September 15, 2004. But on September 13, it again wrote to FIRCA asking for further extension until October 15, prompting FIRCA to warn the firm that no further extension would be granted. However, considering that the firm was still awaiting confirmations from Chaudhry, it agreed to the extension but stressed that, “Please be advised that information gathered and “on hand” by your client should be submitted by that date”.
On 4 October, 2004 the accountancy firm wrote to FIRCA enclosing details of the income earned by Chaudhry for the periods based on the documents provided by the banks together with summary of income and withholding taxes deducted at source including: (a) dividend income from Perpetual Investments, Australia; (b) interest income from ANZ, New Zealand: (c) income received from Commonwealth Balanced Fund: (d) interest income from Commonwealth Bank, Australia; (e) income from Colonial First State Investments Limited.
On behalf of Chaudhry, they stated that, “We advise that above income was not included in the tax returns as these contributions and income there from were sourced and earned overseas and the relevant withholding taxes on the income are deducted at source”.
The capital contributions being the deposits in the bank account in the form of donations, they argued, were received from non-residents and attached were the relevant confirmations – Harbhajan Lal’s letter to Chaudhry about the transfer of funds. On October 5, 2004, FIRCA officials met with one of the accountants and according to FIRCA’s office memo they identified details of bank accounts, confirmation of the letter from Harbhajan Lal that the money was raised in India for Chaudhry, and the A$500,000 that was transacted through the Indian Consulate-General in Sydney. One FIRCA officer observed on the office memo: “Transmitted to Australia – How?” and regarding Harbhajan Lal’s letter: “More substantive evidence to support the lttr.”
On October 22, 2004, FIRCA wrote to the accountancy firm regarding the October 5 meeting and for the submission of information the firm had “on hand” at the meeting. FIRCA informed them that they (FIRCA) had examined the documents and would amend the income tax returns for the respective years. However, they would not allow the tax credits due to lack of documentary evidence. FIRCA also emphasised that despite it amending the returns, the tax organisation would still pursue the “source of the funds” issue. “The document submitted explaining the source of the funds is not sufficient enough for our purposes,” it stressed.
It, therefore, requested the chartered accountancy firm to forward documentary evidences: (a) details of remittances from India to Australia; (b) details of withholding tax deducted; (c) as requested in the letter of 15 June 2004, the copies of bank statements. A copy of the letter was also forwarded to Chaudhry. On November 10, 2004, he paid $86,069.02 in outstanding income tax for 2000. On November 22, 2004, one of the partners in the accountancy firm admitted the payment by the Indian Consulate General of $514,148.50 into Chaudhry’s cash management call account in the Commonwealth Bank of Australia. He also requested FIRCA to make the necessary amendments for the years 2000 to 2003 and the statement of tax account to include credits for the non-resident withholding tax amounting to $22,858.03.
It is instructive to recall that FIRCA and Chaudhry had repeatedly taken shelter behind the confidentiality clause in Section 4 of the Tax Act but as I have argued, the Act does not give the taxpayer the luxury and freedom to hide millions from the nation. I wonder what conclusion we would have drawn from the team’s findings and Chaudhry’s denials if I had not come into possession of his tax file, which also contains details of his New Zealand funds.
Chaudhry's secret New Zealand Bank Account:
On 26 September 2000, Chaudhry had opened an account with ANZ bank in NZ, three months after he was released by George Speight from Parliament. On 1 June 2004, a month after FIRCA began closing in on him, he wrote to the bank requesting interest earned on his account number 981000000116059.
On 16 July, the ANZ bank wrote to him detailing interest he received on the above account between 26 March 2001 and 26 September 2003. Chaudhry received interest income of $NZ23,274.47 or $F24,575.76. The exact amount of funds Chaudhry had in the bank there is not known, but according to forensic accountants, working backwards from the interest he received it was probably $300,000 to $400,000, raising the question of the original source of the New Zealand funds.
The question that arises is why Aiyaz Sayed-Khaiyum, the Attorney-General, Minister for Justice, Electoral Reform, Public Enterprises and Anti-Corruption, Commerce, Industry and Tourism, has not responded to Chaudhry’s latest denial on Fiji TV, and by extension, to the people of Fiji that no money was received from India? After all, Khaiyum had announced the inquiry team with much fanfare claiming it was being done in the name of good governance, accountability, and transparency.
What has a member of the inquiry team, the local educationist and former Deputy Prime Minister Taufa Vakatale, have to say to Chaudhry’s recent statement on Fiji TV? She might also want to explain why the team concluded that the amount invested by Chaudhry was small? It is time for Fiji’s lawmaker Aiyaz Sayed-Khaiyum to confront Chaudhry’s bluff and bluster while the FLP leader is going around the country preaching about the People’s Charter. Chaudhry should be telling the people of Fiji about his millions, including the source of the funds in his New Zealand bank account. And, who is the “Indian Santa Claus” – one Harbhajan Lal of Haryana, whose letter Chaudhry tendered to FIRCA to convince the tax body that the $2million was from India? In fact, he was only able to invest in the thousands after he received the money in three instalments into his secret Sydney bank account.
There is now a need for a Commission of Enquiry into Chaudhry’s mysterious millions because the three-member team was not constituted under the Commissions of Inquiry Act (Cap47) and, therefore, did not hold any public hearings, call any witnesses nor take any written or oral submissions as to facts or law.
The “Report of Independent Inquiry into the taxation affairs of Mahendra Pal Chaudhry” was prepared by the team that was hastily cobbled together after I disclosed in the Fiji Sun in February 2008 that Chaudhry had been hiding $2million in a secret bank account in Sydney, Australia, and that he had made late lodgement of his 2001, 2002, and 2003 tax returns. Were the late lodgements, I asked, a deliberate ploy on Mr Chaudhry’s part to avoid explaining to FIRCA in 2004 the original source of his $2million in the Australian bank account, which we know originated from India, and was allegedly sent by one Harbhajan Lal of Haryana? I will return to the subject of the New Zealand fund later in the column.
Meanwhile, Chaudhry recently told Fiji TV “Close Up” programme that he did not receive any money from India, even though in March he had claimed on Fiji TV that the money was for him and his family. If we are to accept his denial then the whole inquiry by FIRCA and the three-member team is cancelled out, raising the question of how the inquiry team arrived at its conclusions.
The inquiry team had, based on the 20 September 2004 letter from Harbhajan Lal, concluded in its report that the money came from India: “As noted earlier, in response to FIRCA’s enquiries, Mr Chaudhry and his advisers provided to FIRCA information which ultimately satisfied them that the monies were paid into Mr Chaudhry’s account by the Indian Consulate in Sydney on behalf of supporters of Mr Chaudhry in India, in order to assist him and his family to relocate to Australia consequent on the circumstances surrounding his ceasing to be Prime Minister of Fiji in 2000.”
At the expense of repeating, it is of paramount importance to remind Chaudhry and the nation about the sequence of events which led to the discovery of his secret millions. According to his tax file, in the course of its investigation, FIRCA’s Income Matching Unit (IMU) became aware of his bank accounts in Australia and New Zealand and, on May 11, 2004, wrote to him advising him that they had received information from surveys and banks and financial institutions that he was in receipt of income, which had either not been declared or under declared. He was given 14 days to make representations to FIRCA on receipt of the letter.
On May 18, 2004, Chaudhry wrote to IMU informing it that interest on bank accounts earned in Fiji had been declared in his tax returns and he did not hold any trust deeds. What about the monies abroad? He replied: “In so far as interest from monies held in accounts abroad are concerned, please be advised that these have not been brought to Fiji but remain re-invested in the accounts there.”
On June 3, 2004, the IMU pointed out to him that he had amassed interest and dividends for the year ending 2002 of $29,606.84 and there was a discrepancy of the same amount. On the margins of Chaudhry’s May 18, 2004 letter, certain questions were raised, and the same were later repeated in a letter to him on June 15, 2004. The letter re-iterated that he was required to clarify queries with copies of documentary evidence: (a) the source of funds invested offshore; (b) when did he first invest these monies; (c) details of interest earned from when he first invested; (d) copies of bank statements and documentary evidences of any tax deducted at source.
The next day, June 16, Chaudhry wrote asking for an extension of time to provide the information because “old records will need to be looked up to obtain the details”, and that the banks had requested more time be given.
He also disclosed that he had some commitments and therefore asked if he could be given until August 15, 2004 to furnish the details. FIRCA granted him the requested extension. On August 14, a Suva chartered accountancy firm wrote to FIRCA, notifying it that Chaudhry had appointed the firm to act as his tax agent. The firm asked for further extension till September 15, 2004, which was granted.
On September 3, 2004, representatives from the accountancy firm [G. Lal & Co] visited FIRCA and wanted to know the information that was needed by the tax organisation. They were referred to the letter of June 16, and informed that FIRCA was after the most important detail, and that was “the source of the income”. The accountancy firm stated that the information would be submitted by September 15, 2004. But on September 13, it again wrote to FIRCA asking for further extension until October 15, prompting FIRCA to warn the firm that no further extension would be granted. However, considering that the firm was still awaiting confirmations from Chaudhry, it agreed to the extension but stressed that, “Please be advised that information gathered and “on hand” by your client should be submitted by that date”.
On 4 October, 2004 the accountancy firm wrote to FIRCA enclosing details of the income earned by Chaudhry for the periods based on the documents provided by the banks together with summary of income and withholding taxes deducted at source including: (a) dividend income from Perpetual Investments, Australia; (b) interest income from ANZ, New Zealand: (c) income received from Commonwealth Balanced Fund: (d) interest income from Commonwealth Bank, Australia; (e) income from Colonial First State Investments Limited.
On behalf of Chaudhry, they stated that, “We advise that above income was not included in the tax returns as these contributions and income there from were sourced and earned overseas and the relevant withholding taxes on the income are deducted at source”.
The capital contributions being the deposits in the bank account in the form of donations, they argued, were received from non-residents and attached were the relevant confirmations – Harbhajan Lal’s letter to Chaudhry about the transfer of funds. On October 5, 2004, FIRCA officials met with one of the accountants and according to FIRCA’s office memo they identified details of bank accounts, confirmation of the letter from Harbhajan Lal that the money was raised in India for Chaudhry, and the A$500,000 that was transacted through the Indian Consulate-General in Sydney. One FIRCA officer observed on the office memo: “Transmitted to Australia – How?” and regarding Harbhajan Lal’s letter: “More substantive evidence to support the lttr.”
On October 22, 2004, FIRCA wrote to the accountancy firm regarding the October 5 meeting and for the submission of information the firm had “on hand” at the meeting. FIRCA informed them that they (FIRCA) had examined the documents and would amend the income tax returns for the respective years. However, they would not allow the tax credits due to lack of documentary evidence. FIRCA also emphasised that despite it amending the returns, the tax organisation would still pursue the “source of the funds” issue. “The document submitted explaining the source of the funds is not sufficient enough for our purposes,” it stressed.
It, therefore, requested the chartered accountancy firm to forward documentary evidences: (a) details of remittances from India to Australia; (b) details of withholding tax deducted; (c) as requested in the letter of 15 June 2004, the copies of bank statements. A copy of the letter was also forwarded to Chaudhry. On November 10, 2004, he paid $86,069.02 in outstanding income tax for 2000. On November 22, 2004, one of the partners in the accountancy firm admitted the payment by the Indian Consulate General of $514,148.50 into Chaudhry’s cash management call account in the Commonwealth Bank of Australia. He also requested FIRCA to make the necessary amendments for the years 2000 to 2003 and the statement of tax account to include credits for the non-resident withholding tax amounting to $22,858.03.
It is instructive to recall that FIRCA and Chaudhry had repeatedly taken shelter behind the confidentiality clause in Section 4 of the Tax Act but as I have argued, the Act does not give the taxpayer the luxury and freedom to hide millions from the nation. I wonder what conclusion we would have drawn from the team’s findings and Chaudhry’s denials if I had not come into possession of his tax file, which also contains details of his New Zealand funds.
Chaudhry's secret New Zealand Bank Account:
On 26 September 2000, Chaudhry had opened an account with ANZ bank in NZ, three months after he was released by George Speight from Parliament. On 1 June 2004, a month after FIRCA began closing in on him, he wrote to the bank requesting interest earned on his account number 981000000116059.
On 16 July, the ANZ bank wrote to him detailing interest he received on the above account between 26 March 2001 and 26 September 2003. Chaudhry received interest income of $NZ23,274.47 or $F24,575.76. The exact amount of funds Chaudhry had in the bank there is not known, but according to forensic accountants, working backwards from the interest he received it was probably $300,000 to $400,000, raising the question of the original source of the New Zealand funds.
The question that arises is why Aiyaz Sayed-Khaiyum, the Attorney-General, Minister for Justice, Electoral Reform, Public Enterprises and Anti-Corruption, Commerce, Industry and Tourism, has not responded to Chaudhry’s latest denial on Fiji TV, and by extension, to the people of Fiji that no money was received from India? After all, Khaiyum had announced the inquiry team with much fanfare claiming it was being done in the name of good governance, accountability, and transparency.
What has a member of the inquiry team, the local educationist and former Deputy Prime Minister Taufa Vakatale, have to say to Chaudhry’s recent statement on Fiji TV? She might also want to explain why the team concluded that the amount invested by Chaudhry was small? It is time for Fiji’s lawmaker Aiyaz Sayed-Khaiyum to confront Chaudhry’s bluff and bluster while the FLP leader is going around the country preaching about the People’s Charter. Chaudhry should be telling the people of Fiji about his millions, including the source of the funds in his New Zealand bank account. And, who is the “Indian Santa Claus” – one Harbhajan Lal of Haryana, whose letter Chaudhry tendered to FIRCA to convince the tax body that the $2million was from India? In fact, he was only able to invest in the thousands after he received the money in three instalments into his secret Sydney bank account.
There is now a need for a Commission of Enquiry into Chaudhry’s mysterious millions because the three-member team was not constituted under the Commissions of Inquiry Act (Cap47) and, therefore, did not hold any public hearings, call any witnesses nor take any written or oral submissions as to facts or law.
![Picture](/uploads/1/3/7/5/13759434/7023440.jpg?700)
The above is extracted from the 60 page submission to DDP's Office: Perjury probe request in Mahendra Chaudhry’s affidavit before Justice Daniel Goundar in the Fiji High Court and call for other criminal investigations arising out of Mr Chaudhry’s income tax file By VICTOR LAL and RUSSELL HUNTER, 12 September 2012
The case against the Petitioner [Mahendra Pal Chaudhry] went to trial on the following charges contained in the amended information dated 3rd October 2013, extracted from Fiji Supreme Court:
FIRST COUNT
Statement of Offence
FAILURE TO SURRENDER FOREIGN CURRENCY: Contrary to Section 4 of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act, Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and the 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji entitled to sell foreign currency but not being an authorised dealer, however being required by law to offer it for sale to an authorized dealer, retained the sum of $1,500,000.00 ($1.5 million) Australian Dollars for his own use and benefit, without the consent of the Governor of the Reserve Bank of Fiji.
SECOND COUNT
Statement of Offence
DEALING IN FOREIGN CURRENCY OTHERWISE THAN WITH AN AUTHORISED DEALER WITHOUT PERMISSION: Contrary to Section 3 of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act, Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and the 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji but not being an authorised dealer, did lend the sum of $1,500,000.00 ($1.5 million) Australian Dollars to persons otherwise than an authorized dealer, namely the Financial Institutions in Australia and New Zealand as listed in Annexure marked "A", without the permission of the Governor of the Reserve Bank of Fiji.
THIRD COUNT
Statement of Offence
FAILURE TO COLLECT DEBTS: Contrary to Section 26(1)(a) of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act,http://www.paclii.org/fj/legis/consol_act/eca170/ Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and the 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji having the right to receive a sum of $1,500,000.00 ($1.5 million) Australian Dollars from the Financial Institutions in Australia and New Zealand as listed in Annexure marked "A", caused the delay of payment of the said sum, in whole or in part, to himself by authorizing the continual re-investment of the said sum together with interest acquired back into the said Financial Institutions without the consent of the Governor of the Reserve Bank of Fiji."
http://www.paclii.org/cgi-bin/sinodisp/fj/cases/FJSC/2014/14.html?stem=&synonyms=&query=mahendra%20pal%20chaudhry
FIRST COUNT
Statement of Offence
FAILURE TO SURRENDER FOREIGN CURRENCY: Contrary to Section 4 of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act, Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and the 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji entitled to sell foreign currency but not being an authorised dealer, however being required by law to offer it for sale to an authorized dealer, retained the sum of $1,500,000.00 ($1.5 million) Australian Dollars for his own use and benefit, without the consent of the Governor of the Reserve Bank of Fiji.
SECOND COUNT
Statement of Offence
DEALING IN FOREIGN CURRENCY OTHERWISE THAN WITH AN AUTHORISED DEALER WITHOUT PERMISSION: Contrary to Section 3 of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act, Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and the 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji but not being an authorised dealer, did lend the sum of $1,500,000.00 ($1.5 million) Australian Dollars to persons otherwise than an authorized dealer, namely the Financial Institutions in Australia and New Zealand as listed in Annexure marked "A", without the permission of the Governor of the Reserve Bank of Fiji.
THIRD COUNT
Statement of Offence
FAILURE TO COLLECT DEBTS: Contrary to Section 26(1)(a) of the Exchange Control Act, Cap 211 and section 1 of Part II of the Fifth Schedule of the Exchange Control Act,http://www.paclii.org/fj/legis/consol_act/eca170/ Cap 211.
Particulars of Offence
MAHENDRA PAL CHAUDHRY in between the 1st day of November 2000 and the 23rd day of July 2010, at Suva in the Central Division being a resident in Fiji having the right to receive a sum of $1,500,000.00 ($1.5 million) Australian Dollars from the Financial Institutions in Australia and New Zealand as listed in Annexure marked "A", caused the delay of payment of the said sum, in whole or in part, to himself by authorizing the continual re-investment of the said sum together with interest acquired back into the said Financial Institutions without the consent of the Governor of the Reserve Bank of Fiji."
http://www.paclii.org/cgi-bin/sinodisp/fj/cases/FJSC/2014/14.html?stem=&synonyms=&query=mahendra%20pal%20chaudhry
Rajendra Chaudhry had filed and had succeeded on all grounds of his appeal against his office closure in Fiji. He has since sued the Chief Registrar, Mohammed Saneem and Ba lawyer Shalen Krishna for their part in his office closure.
Fijileaks: Eight years later Mahendra Chaudhry remains tight-lipped about the origins of the funds in his secret bank account in New Zealand! Anand Singh, one of the most eager of lawyers who kept badgering Victor Lal to reach deep into Mahendra Chauhdry's secret millions (see Singh to Lal below) surfaced to defend Chaudhry without any hesitation, raising questions whether he was "a planted mole" - lately he also turned up at Rajendra Chaudhry's new law firm in Auckland, New Zealand
Happy New Year wishes to Victor Lal and Team Fijileaks and to all Fijileaks readers.
Sharing (showing-off) my favorite Christmas present this year. Sincere thanks to individuals for their, this, (much appreciated) creative endeavor –and rest assured of its over-use - and acknowledging T4F and Fijileaks for their single-minded quest for Truth – and for always putting the best interests of the People of Fiji- First. Cheers!
Drawing inspiration for the year 2016 from the following quote: “It may well be that the greatest tragedy of this period of social transition is not the glaring noisiness of the so-called bad people, but the appalling silence of the so-called good people” [Martin Luther King Jr. (1963].
Let 2016 be the year for the so-called good people and let the Silence Speak…
Message from the Fiji First Party !!
Sharing (showing-off) my favorite Christmas present this year. Sincere thanks to individuals for their, this, (much appreciated) creative endeavor –and rest assured of its over-use - and acknowledging T4F and Fijileaks for their single-minded quest for Truth – and for always putting the best interests of the People of Fiji- First. Cheers!
Drawing inspiration for the year 2016 from the following quote: “It may well be that the greatest tragedy of this period of social transition is not the glaring noisiness of the so-called bad people, but the appalling silence of the so-called good people” [Martin Luther King Jr. (1963].
Let 2016 be the year for the so-called good people and let the Silence Speak…
Message from the Fiji First Party !!
Fijileaks: Our founding Editor-in-Chief will resume editorial duties after he has recovered sufficiently from a recent accident - Acting Editor, CJR!
Wear Without Fear:
You can download T4F cartoons of your choice published in Fijileaks,
print and proudly wear on T-Shirts - see example from (real) FFP above - and don't forget to send yours to [email protected]
http://www.fijileaks.com/home/truth-for-fiji-in-cartoons-and-the-monkey-video-fiji-in-2015
http://www.fijileaks.com/home/the-truth-for-fiji-in-cartoons-part-two-fiji-in-2015
Shane Stevens (in blue prison uniform below) serving time for leading one of Fiji's bloodiest mutiny on 2 November 2000 which saw Frank Bainimarama dash through the cassava patch for his life, defecating in his pants from fright. But as current President Jioje Konrote (who trained with NZ SAS and wears the SAS lapel during official duties) told US ambassador Larry Dinger, one must not be surprised for Bainimarama had no combat experience as a soldier when he was appointed Commander of the Royal Fiji Military Forces; Stevens claimed Bainimarama betrayed them after instigating them to overthrow the
FLP led Mahendra Chaudhry government
WHY? BECAUSE THEY HELD FOREIGN OR DUAL PASSPORTS!
ROUSE has also gone as litany of allegations against him swirl around!
Jauvin was President, Canadian Northern Economic Development Agency (CanNor) August 2009 – October 2011; An 2011 Internal Audit revealed serious problems at CanNor; Audit said agency broke almost every financial management rule since its creation in 2009; the then Prime Minister Stephen Harper created the federal agency to develop Canada's North. It managed about $75 million dollars a year. In March 2011, the comptroller general identified issues with CanNor. In a report, the comptroller noted the agency did not establish a financial management framework, which it was supposed to do according to its mandate. This meant that it violated almost every one of these basic rules when it came to expense control, tendering contracts, credit card usage, travel and hospitality to its guests; CanNor was first led by Jauvin; she retired in the summer of 2011 and was rehired by the then Health Minister Leona Aglukkaq to temporarily advise the office on CanNor, at a salary of more than $200,000 a year
Who are the Expatriates hired as
new Permanent Secretaries? Fijileaks goes beyond what PSC gave to Fiji media:
![Picture](/uploads/1/3/7/5/13759434/6963721_orig.jpg)
NICOLE JAUVIN has been appointed Permanent Secretary for Civil Service.
Retired Deputy Minister at Government of Canada
Ottawa, Canada Area
Government Administration
Current
Previous
Education
Experience
Retired Deputy Minister at Government of Canada
Ottawa, Canada Area
Government Administration
Current
- Government of Canada
Previous
- Canadian Northern Economic Development Agency,
- Public Service Agency,
- Social Development Canada
Education
- University of Ottawa / Université d'Ottawa
Experience
Retired Deputy Minister
Government of Canada
October 2011 – Present (4 years 4 months)- President
Canadian Northern Economic Development Agency
August 2009 – October 2011 (2 years 3 months) - President
Public Service Agency
August 2006 – August 2009 (3 years 1 month) - Deputy Minister
Social Development Canada
December 2003 – February 2006 (2 years 3 months)Ottawa, Canada Area - Deputy Solicitor General of Canada
Solicitor General of Canada
June 2000 – December 2003 (3 years 7 months)Ottawa, Canada Area - Assistant Secretary to the Cabinet
Privy Council Office
1983 – 2000 (17 years) - Assistant Secretary to the Cabinet
Privy Council Office
1983 – 2000 (17 years)
University of Ottawa / Université d'Ottawa
LL.L, Civil Law
1977 – 1982
Serving clients at a homeless shelter
The Ottawa Mission
April 2012 – Present (3 years 10 months) Poverty Alleviation
Ewan Perrin has been appointed Permanent Secretary for Communication
and Information Technology
and Information Technology
![Picture](/uploads/1/3/7/5/13759434/1452118428.png)
EWAN PERRIN
IT Consultant at RPV Consultants
Canberra, Australia
Government Administration
Current
RPV Consultants,
Gunning Fish River Rural Fire Brigade,
Relationships Australia Canberra Region
Previous
Australian Maritime Safety Authority,
CSIRO,
Australian Taxation Office
Education
University of Oxford - Said Business School
Summary
Experienced, energetic IT leader and thinker, delivery focused with public and private sector experience, a true believer that technology can greatly improve our lives.
Experience
RPV Consultants
IT Consultant
RPV Consultants
June 2015 – Present (8 months)Canberra, Australia
President
Gunning Fish River Rural Fire Brigade
April 2015 – Present (10 months)
Director
Relationships Australia Canberra Region
November 2013 – Present (2 years 3 months)
Director of not-for-profit relationship counselling and family services organisation with a noble mission and dedicated employees
Australian Maritime Safety Authority
CIO
Australian Maritime Safety Authority
July 2008 – May 2015 (6 years 11 months) Canberra, Australia
IT strategy development and execution; strategic vendor and contract management; IT project delivery and business engagement; chair of Commonwealth CIO Forum
CSIRO
Executive Manager Program Office
CSIRO
2004 – 2008 (4 years)Canberra, Australia
Responsible for CSIRO’s portfolio of major IT programs and projects, consulting and analysis services, applications delivery and strategic information management. Projects under management over $80 million.
Initiated a fantastic development programs for junior project managers.
Won international PMI award for outstanding project management organisation (2007)
Australian Taxation Office
Project Manager/Test Director
Australian Taxation Office
2000 – 2004 (4 years)
Managed multiple large test teams during GST implementation; grew and managed enterprise testing function across three cities, around 120 staff.
Project manager responsible for delivery of multiple accounting systems projects including provisioning on mainframe based accounts across the internet for the first time.
Unisys Australia
Project Manager/Consultant
Unisys Australia
1998 – 2000 (2 years)
Technical strategy manager for mainframe remediation, project delivery for Y2K upgrades, business & technical analysis and consulting
Project Manager, Analyst, Writer, Test Manager
Independent Contractor
1996 – 1998 (2 years) Canberra, Australia
Courses
Australian Maritime Safety Authority
CIO Academy (Oxford University)
CSIRO
Company Directors Course (AICD)
IT Consultant at RPV Consultants
Canberra, Australia
Government Administration
Current
RPV Consultants,
Gunning Fish River Rural Fire Brigade,
Relationships Australia Canberra Region
Previous
Australian Maritime Safety Authority,
CSIRO,
Australian Taxation Office
Education
University of Oxford - Said Business School
Summary
Experienced, energetic IT leader and thinker, delivery focused with public and private sector experience, a true believer that technology can greatly improve our lives.
Experience
RPV Consultants
IT Consultant
RPV Consultants
June 2015 – Present (8 months)Canberra, Australia
President
Gunning Fish River Rural Fire Brigade
April 2015 – Present (10 months)
Director
Relationships Australia Canberra Region
November 2013 – Present (2 years 3 months)
Director of not-for-profit relationship counselling and family services organisation with a noble mission and dedicated employees
Australian Maritime Safety Authority
CIO
Australian Maritime Safety Authority
July 2008 – May 2015 (6 years 11 months) Canberra, Australia
IT strategy development and execution; strategic vendor and contract management; IT project delivery and business engagement; chair of Commonwealth CIO Forum
CSIRO
Executive Manager Program Office
CSIRO
2004 – 2008 (4 years)Canberra, Australia
Responsible for CSIRO’s portfolio of major IT programs and projects, consulting and analysis services, applications delivery and strategic information management. Projects under management over $80 million.
Initiated a fantastic development programs for junior project managers.
Won international PMI award for outstanding project management organisation (2007)
Australian Taxation Office
Project Manager/Test Director
Australian Taxation Office
2000 – 2004 (4 years)
Managed multiple large test teams during GST implementation; grew and managed enterprise testing function across three cities, around 120 staff.
Project manager responsible for delivery of multiple accounting systems projects including provisioning on mainframe based accounts across the internet for the first time.
Unisys Australia
Project Manager/Consultant
Unisys Australia
1998 – 2000 (2 years)
Technical strategy manager for mainframe remediation, project delivery for Y2K upgrades, business & technical analysis and consulting
Project Manager, Analyst, Writer, Test Manager
Independent Contractor
1996 – 1998 (2 years) Canberra, Australia
Courses
Australian Maritime Safety Authority
CIO Academy (Oxford University)
CSIRO
Company Directors Course (AICD)
![Picture](/uploads/1/3/7/5/13759434/1452119027.png)
The new Permanent Secretary for Youth & Sports is Alison Burchell – the
Business Development Manager, Sport:80 Services Limited. Alison began her sports management career in South Africa in various volunteer capacities. This opened up a new professional career in sport in event organisation, bidding to host the Olympic and Paralympic Games as well as working on development initiatives. She then took up the challenge of working in the National Paralympic Committee managing the high performance programme across all sports. This led to her appointment as assistant chef for the team which competed in the 2000 Paralympic Games. Leading the restructure of the NPC to become inclusive of all disability groups, Alison later took on the role of general manager and managed the merger with the NOC and CGA while also being chef de mission of the 2004 Paralympic team and the 2004 Commonwealth Youth Games team. Another challenge beckoned and she moved to work in the public service in sport and recreation and then to work in an international federation in Switzerland – mainly to improve her French. Earlier in 2015, she moved to the UK and works in the IT sector supporting efficiencies for NGBs.
Experience
Director: Operations and Para Table Tennis
International Table Tennis Federation
January 2013 – Present (3 years 1 month) Lausanne Area, Switzerland
Deputy Executive Director: Operations
International Table Tennis Federation
September 2010 – Present (5 years 5 months)
Project Manager
International Table Tennis Federation
September 2009 – December 2009 (4 months)
General Manager
Disability Sport South Africa
2003 – 2007 (4 years)
Volunteer Experience & Causes
Executive member
South African Commonwealth Games Association
Overseeing day to day functions; team selections; chef de mission of the youth team 2004
Business Development Manager, Sport:80 Services Limited. Alison began her sports management career in South Africa in various volunteer capacities. This opened up a new professional career in sport in event organisation, bidding to host the Olympic and Paralympic Games as well as working on development initiatives. She then took up the challenge of working in the National Paralympic Committee managing the high performance programme across all sports. This led to her appointment as assistant chef for the team which competed in the 2000 Paralympic Games. Leading the restructure of the NPC to become inclusive of all disability groups, Alison later took on the role of general manager and managed the merger with the NOC and CGA while also being chef de mission of the 2004 Paralympic team and the 2004 Commonwealth Youth Games team. Another challenge beckoned and she moved to work in the public service in sport and recreation and then to work in an international federation in Switzerland – mainly to improve her French. Earlier in 2015, she moved to the UK and works in the IT sector supporting efficiencies for NGBs.
Experience
Director: Operations and Para Table Tennis
International Table Tennis Federation
January 2013 – Present (3 years 1 month) Lausanne Area, Switzerland
Deputy Executive Director: Operations
International Table Tennis Federation
September 2010 – Present (5 years 5 months)
Project Manager
International Table Tennis Federation
September 2009 – December 2009 (4 months)
General Manager
Disability Sport South Africa
2003 – 2007 (4 years)
Volunteer Experience & Causes
Executive member
South African Commonwealth Games Association
Overseeing day to day functions; team selections; chef de mission of the youth team 2004
![Picture](/uploads/1/3/7/5/13759434/1452120315.png)
A retired Colonel in the New Zealand Army, Paul Bayly will take over as Permanent Secretary for Infrastructure and Transport. Paul has extensive international experience as a merchant banker with Citibank and Midland Montague, including undertaking business and credit analysis, capital restructuring and fundraising, mergers and acquisitions and business development projects.
He has provided investment banking and corporate advice to private companies, local authorities, central government agencies, the United Nations Food and Agricultural organisation and the United Nations Development Programme in a career that has spanned England, Southern and Eastern Africa, Australia and New Zealand.
In 2012 he was appointed by UNOPS to an international Advisory Pool of Experts in Public Infrastructure for a three year term.
Paul's academic background covers accounting, finance and economics. In 2008 he completed the Senior Executive Fellows Programme at the Harvard University Kennedy School of Government. He has postgraduate and graduate degrees from the London School of Economics and Massey University.
Paul is a Chartered Accountant and a Fellow of the Institute of Directors, a Fellow of the New Zealand Institute of Management and a Fellow of the Chartered Institute of Company Secretaries. He has undertaken a number of government roles including been a member of the New Zealand Government’s Small Business Advisory Group (2006/09), appointed to the Volvo Ocean Race Auckland Stopover Committee (2011/12) and member of a Ministerial Review of New Zealand Defence Reserve Forces (2010/11). He also sits on a number of boards, including the Massey University Foundation.
Paul is a retired Colonel in the New Zealand Army, and most recently commanded a Regiment. He has attended the Canadian Militia Command and Staff College in Ontario and has undertaken operational tours in East Timor, South Lebanon and Syria.
Paul has been involved in a number of expeditions, including project adviser and sailor on both the Borobudur Ship Expedition 2003/04 (www.borobudurshipexpedition.com), a reconstructed 700AD century ship, and the Phoenician Ship Expedition, 2008/2012, (www.phoenicia.org.uk), a reconstructed 600BC ship. He is a Fellow of the Royal Geographical Society. In his spare time, Paul is building a replica M26 Supermarine Spitfire.
He has provided investment banking and corporate advice to private companies, local authorities, central government agencies, the United Nations Food and Agricultural organisation and the United Nations Development Programme in a career that has spanned England, Southern and Eastern Africa, Australia and New Zealand.
In 2012 he was appointed by UNOPS to an international Advisory Pool of Experts in Public Infrastructure for a three year term.
Paul's academic background covers accounting, finance and economics. In 2008 he completed the Senior Executive Fellows Programme at the Harvard University Kennedy School of Government. He has postgraduate and graduate degrees from the London School of Economics and Massey University.
Paul is a Chartered Accountant and a Fellow of the Institute of Directors, a Fellow of the New Zealand Institute of Management and a Fellow of the Chartered Institute of Company Secretaries. He has undertaken a number of government roles including been a member of the New Zealand Government’s Small Business Advisory Group (2006/09), appointed to the Volvo Ocean Race Auckland Stopover Committee (2011/12) and member of a Ministerial Review of New Zealand Defence Reserve Forces (2010/11). He also sits on a number of boards, including the Massey University Foundation.
Paul is a retired Colonel in the New Zealand Army, and most recently commanded a Regiment. He has attended the Canadian Militia Command and Staff College in Ontario and has undertaken operational tours in East Timor, South Lebanon and Syria.
Paul has been involved in a number of expeditions, including project adviser and sailor on both the Borobudur Ship Expedition 2003/04 (www.borobudurshipexpedition.com), a reconstructed 700AD century ship, and the Phoenician Ship Expedition, 2008/2012, (www.phoenicia.org.uk), a reconstructed 600BC ship. He is a Fellow of the Royal Geographical Society. In his spare time, Paul is building a replica M26 Supermarine Spitfire.
Talking of banning orders and deportations, the former PS Parmesh Chand was behind the expulsion of NZ High Commissioner Michael Green: "Fiji MFA PermSec Ross Ligairi informed New Zealand High Commissioner Michael Green last Thursday that the interim government (IG) cabinet has ordered him PNGed. No detailed explanation accompanied the dipnote, but Ligairi had suggested to Green a couple of days earlier that PM PermSec Parmesh Chand has been really irritated with Green." Former US Ambassador Larry Dinger to Washington
WHAT Jannif had told FNU Council (from Minute Notes): "In spite of assurances given to Council by AVC, the matter has not been resolved. FNU has received a letter from EU claiming F$6m..."
Professor Ian Rouse has been allowed to leave FIJI; is FNU chairman Ikbal Jannif, Frank Bainimarama and Aiyaz Khaiyum, shielding YOU, Kafoa, from FICAC?; As you are aware, European Union is demanding $6million from Fiji School of Medicine BACK - and you and Rouse are alleged to be the principal CULPRITS!
Fijileaks to Berlin Kafoa: STOP playing balls with JUSTICE by hiding in the Fiji Rugby Union head office, protected by "KILLER KEAN"
http://www.fijileaks.com/home/fnugate-the-former-acting-fnu-vc-ian-rouse-refused-to-answer-whether-he-was-privy-to-the-missing-kiri-eu-funds-estimated-at-6m
AND, Fiji regime appoints more EXPATRIATES to top Government jobs:
We will continue to explore ideas and suggestions - Reddy
The Education Minister says they will continue to explore ideas and suggestions from the general public in efforts to improve the education system.
During a public consultation at Nadi Sangam College, Dr Mahendra Reddy says they have started capacity building for their officials in the Curriculum Development Unit to ensure they have the best people who understand the curriculum and are experts in their fields.
Reddy says there had been cases where senior education officers for subjects such as chemistry, physics and mathematics had a Masters in Business Administration qualification.
He says an MBA is not relevant to chemistry or physics and for that matter we now have education officers in CDU who have BSc in Chemistry.
He also stresses that government is ensuring that all students, no matter where they live, have access to a range of high quality education.
Reddy says they are now deducting a certain amount of funds from schools such as Rishikul College, Xavier College, Natabua High School, Marist Brothers High School, Jai Narayan College and others smaller schools so they can make improvements.
The public consultation will be held in Ba Sangam College today. Source: FijiVillage News
The Education Minister says they will continue to explore ideas and suggestions from the general public in efforts to improve the education system.
During a public consultation at Nadi Sangam College, Dr Mahendra Reddy says they have started capacity building for their officials in the Curriculum Development Unit to ensure they have the best people who understand the curriculum and are experts in their fields.
Reddy says there had been cases where senior education officers for subjects such as chemistry, physics and mathematics had a Masters in Business Administration qualification.
He says an MBA is not relevant to chemistry or physics and for that matter we now have education officers in CDU who have BSc in Chemistry.
He also stresses that government is ensuring that all students, no matter where they live, have access to a range of high quality education.
Reddy says they are now deducting a certain amount of funds from schools such as Rishikul College, Xavier College, Natabua High School, Marist Brothers High School, Jai Narayan College and others smaller schools so they can make improvements.
The public consultation will be held in Ba Sangam College today. Source: FijiVillage News
![Picture](/uploads/1/3/7/5/13759434/3283590.jpg?250)
January 4, 2016
MEDIA RELEASE
CONSULTATION A WASTE OF TIME AND RESOURCES
The so-called public consultation being carried out by the Education Minister Dr Mahendra Reddy is a waste of time and taxpayers’ funds.
Instead Dr Reddy should make good his promise of October 2014 and bring to Parliament in February a Motion to set up an Education Commission to conduct an independent and comprehensive inquiry into our education system.
Dr Reddy is rightly likened by many as “Captain Chaos” or “Mr Inconsistent” given his various about-turns on many issues regarding education, thus seriously affecting the competency and career paths of our students.
Two months ago he told the nation through the media there would be no consultation on the many reforms that he had undertaken. Now he has changed his tune. In his maiden speech in Parliament in October 2014 he said there would be an Education Commission established to look into our education system. Dr Reddy then ditched this logical process in favour of his illogical and controversial reforms implemented in a haphazard manner.
2015 has been a year of chaos and confusion culminating into an error-riddled external examination as far as tabulation and correctness of results are concerned. While the Education Ministry’s website describes the results as provisional, the Minister claims the results based on raw marks are final. Yet the Ministry’s Examination Unit headquarters in Suva lists the results as UNOFFICIAL in the case of Year 10 Students.
All this has not been explained by Dr Reddy. Instead he accused the NFP of being incapable in calculating the results accurately. This is a pathetic response from a Minister vested with responsibility of shaping the educational pathway of our children.
The NFP regards the consultations as a wasteful exercise. Essentially Dr Reddy is trying to sell his reforms and is not at all genuine about seeking the views of the people.
The only way our education system can be truly analysed and genuine reforms undertaken is through an Education Commission, which is long overdue as the last one was conducted over 15 years ago.
Biman Prasad
Leader
MEDIA RELEASE
CONSULTATION A WASTE OF TIME AND RESOURCES
The so-called public consultation being carried out by the Education Minister Dr Mahendra Reddy is a waste of time and taxpayers’ funds.
Instead Dr Reddy should make good his promise of October 2014 and bring to Parliament in February a Motion to set up an Education Commission to conduct an independent and comprehensive inquiry into our education system.
Dr Reddy is rightly likened by many as “Captain Chaos” or “Mr Inconsistent” given his various about-turns on many issues regarding education, thus seriously affecting the competency and career paths of our students.
Two months ago he told the nation through the media there would be no consultation on the many reforms that he had undertaken. Now he has changed his tune. In his maiden speech in Parliament in October 2014 he said there would be an Education Commission established to look into our education system. Dr Reddy then ditched this logical process in favour of his illogical and controversial reforms implemented in a haphazard manner.
2015 has been a year of chaos and confusion culminating into an error-riddled external examination as far as tabulation and correctness of results are concerned. While the Education Ministry’s website describes the results as provisional, the Minister claims the results based on raw marks are final. Yet the Ministry’s Examination Unit headquarters in Suva lists the results as UNOFFICIAL in the case of Year 10 Students.
All this has not been explained by Dr Reddy. Instead he accused the NFP of being incapable in calculating the results accurately. This is a pathetic response from a Minister vested with responsibility of shaping the educational pathway of our children.
The NFP regards the consultations as a wasteful exercise. Essentially Dr Reddy is trying to sell his reforms and is not at all genuine about seeking the views of the people.
The only way our education system can be truly analysed and genuine reforms undertaken is through an Education Commission, which is long overdue as the last one was conducted over 15 years ago.
Biman Prasad
Leader
"The FTUC reiterates that the Essential Industries Decree was unjust and wrong. It did no good to Fiji’s reputation nor to its economy. It was merely imposed to kill the Trade Union Movement. It failed. Government, and here I single out the Attorney General’s obsession of ensuring that he alone has the power and that no other institution or organisation should challenge that power. This is what we call dictatorship. We call on the Attorney General to step down from his high horse and respect the rights of all citizens and do the right thing. We call on him to honour the Agreement he negotiated with FTUC and consented to its signing by the then Minister for Labour."
![Picture](/uploads/1/3/7/5/13759434/1451985087.png)
As agreed prior to the November 2015 Session of the ILO Governing Body Meeting, The Government, Fiji Commerce and Employers Federation (FCEF) and Fiji Trades Union Congress (FTUC) met on the 30th November, 2015 to agree to a work plan to comply with the March 2015 Geneva Tripartite Agreement and the most recent resolution of the ILO Governing Body. The parties again met on 21st December and agreed to the following:
1. That Government would fully comply with the 25th March, 2015 Tripartite Agreement signed by the three parties.
2. That the three Parties would make every effort to resolve the outstanding matters in the Tripartite Agreement. In this respect, the FTUC had listed out the issues in its correspondence dated 30th November, 2015 to Government and FCEF.
3. That the Tripartite Partners would meet for the whole week commencing 4th January 2016 to complete this task.
4. That the Government would have an amendment Bill in Parliament in its February Session and implement the amendments before the March Session of the ILO Governing Body.
5. That Government would direct all its Companies and Municipal Councils to resume check off deductions (Unions Subs) without delay as was the case with civil servants.
6. That the Government would act immediately to ensure that the Arbitration Court was functional with all other enabling structures and legislation.
7. That the Arbitration Tribunals would be strengthened with the appointment of two additional Tribunals to be based in the West and North to clear the backlog of Cases.
8. That Government would investigate the recent registration of company sponsored unions which were not in compliance with the current laws. Details were given.
9. That Government would investigate and halt any attempt my management in public enterprises to form bargaining units instead of workers joining or forming their own Unions.
10. That Government would act upon the application made almost 3 years ago for the amalgamation of PAFCO Employees Union and Fiji Sugar and General Workers Union (now known as National Union of Workers). This process normally would take no more than one week and is being intentionally blocked by Government.
The Government was to report back to the Tripartite Partners by the 4th of January on items 8, 9 and 10. Unfortunately, the FCEF and FTUC were advised on 24th December, 2015 by the Acting Permanent Secretary for Labour that the future meetings would be handled by the Chair of ERAB who is the Solicitor General and works on directions of the Attorney General. The ERP at Section 8 (5) clearly states that the Permanent Secretary for Labour is the Chairperson of ERAB. The Solicitor General cannot Chair ERAB.
The FTUC list of issues included amendments sought in the Employment Relations (amendment) Act 2015 which were not in compliance with the ILO Core Conventions. Other matters on the list included the omissions in the Amendment Act. These were namely:
i. the reinstatement of all Disputes pending before the Tribunal at the time of the imposition of the ENI Decree
ii. the reinstatement of all Collective Agreements that were nullified by the ENI Decree
iii. the reinstatement of registration of Unions that were deregistered by the ENI Decree and
iv. the right of workers who were wronged or unfairly treated during the life of the ENI Decree to report disputes and seek redress through the disputes procedure in the Employment Relations Promulgation (ERP).
These are matters of ensuring justice is available to all workers and that there should be no discrimination.
The FTUC reiterates that the Essential Industries Decree was unjust and wrong. It did no good to Fiji’s reputation nor to its economy. It was merely imposed to kill the Trade Union Movement. It failed. Government, and here I single out the Attorney General’s obsession of ensuring that he alone has the power and that no other institution or organisation should challenge that power. This is what we call dictatorship. We call on the Attorney General to step down from his high horse and respect the rights of all citizens and do the right thing. We call on him to honour the Agreement he negotiated with FTUC and consented to its signing by the then Minister for Labour.
The AG in all his utterances has failed to even acknowledge the Agreement with FTUC and FCEF. The FTUC calls upon the AG to explain why he is not prepared to comply with the very Agreement he negotiated and agreed to. Why has he interfered with the work of the Minister for Labour? The Prime Ministers claim that 2015 was the first year of true democracy rings hollow when Fiji was listed as one of the 5 worst countries for violations of workers’ rights by the ILO. Fiji continues to be on the ILO agenda for serious violations of workers’ rights and is on the verge of being investigated by an ILO Commission of Inquiry. One cannot claim true democracy without respect for human rights. Workers’ rights are part of human rights.
The ILO Tripartite Mission is to arrive in the Country on 25th January 2016. The FTUC looks forward to meeting the Mission and presenting its report. We continue to call on the ILO to decide on a Commission of Inquiry should no progress be made in resolving the impasse. There must be tangible actions taken by Government to comply. Promises by Government hold no value whatsoever.
Felix Anthony
National Secretary
[email protected]
ARCHIVES
September 2020
August 2020
July 2020
June 2020
December 2018
November 2018
October 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
October 2012
September 2012