Former Supervisor of Elections Mohammed Saneem (left), former Attorney-General Aiyaz Sayed-Khaiyum.

Former Attorney-General Aiyaz Sayed-Khaiyum took the stand today in the ongoing court case involving him and former Supervisor of Elections Mohammed Saneem.

This follows yesterday’s ruling that there is a case to answer.

In this matter, Sayed-Khaiyum faces a charge of abuse of office, while Saneem is charged with receiving a corrupt benefit.

According to the amended information, it is alleged that while acting as Prime Minister and Chair of the Constitutional Offices Commission in 2022, Sayed-Khaiyum executed a second Deed of Variation and Addendum, agreeing to pay or waive additional deductible taxes owed by Saneem arising from his back pay process under the first Deed of Variation dated 30 June 2022 without proper approval from the President or the COC.

It is further alleged that Saneem requested and obtained a benefit for himself, namely the approval and payment of deductible tax relief totaling FJD 55,944.03 on his back pay from Sayed-Khaiyum.

During his testimony, Sayed-Khaiyum explained that Saneem’s appointment and contract were made in accordance with Fiji’s 2013 Constitution.

He told the court that in 2021, then-President Jioji Konrote formally appointed Saneem as Supervisor of Elections, and a contract was subsequently signed between Saneem and the government, represented by Sayed-Khaiyum in his role as acting Chair of the COC.

The contract, drafted by the Solicitor-General’s Office, set Saneem’s annual salary at $221,974, with additional benefits, including a vehicle and overseas travel allowances, subject to Electoral Commission approval. The letter of appointment noted that the terms were to be executed between Saneem and the Prime Minister in his capacity as COC Chair.

Sayed-Khaiyum told the court that the President delegates responsibility for negotiating and finalizing such contracts to the Prime Minister or COC Chair, citing the President’s office’s limited budgetary and administrative capacity.

He further informed the court that while Saneem’s contract did not return to the COC for vetting or approval, this was standard practice. The Electoral Commission later requested a review of Saneem’s salary and benefits in 2021, after several years without adjustment.

An independent committee, appointed by the COC under Section 136(2) of the Constitution in March 2022, reviewed Saneem’s remuneration along with that of other constitutional officeholders. Its report was submitted by June 2022.

Sayed-Khaiyum also stated that the contract allowed for amendments or deductions, such as recovering overpayments, only by mutual agreement or legal cause.

The defence maintains that the process was legally sound and constitutionally compliant, leaving it to the court to determine whether any breaches occurred in the contract’s execution or in subsequent actions by the parties involved.

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