2024, YEAR OF TAGITAGI. Bainimarama-Khaiyum Enabler and LACKEY PARMESH CHAND makes groveling apology for reducing the pensions in 2012. His name should be on Roll of SHAME. Better still, put him on Trial

BETTER STILL, if Chand was put on trial for his role in the heart-wrenching and evil pension scandal when he was FNPF Board Chairman

​On 19th June 2009 a disquieting report appeared on the FNPF website quoting the Chairman of the FNPF Board, Mr Parmesh Chand, as stating that a review of the Pension Scheme was due to take place. Mr Chand was quoted as stating that ‘a majority of pensioners have outlived their pension with some earning more than three times their balance on retirement’. He was quoted as saying. ‘this is unfair and inequitable. We cannot allow this trend to continue, as the Fund is not only for those pensioners already enjoying benefits but for future generations as well’.
Late FNPF pensioner David Burness, June 2011

Chand is new FNPF Board Chairman
​1 October 2008: The Permanent Secretary for the Office of the Prime Minister, Mr Parmesh Chand, is the new Chairman of the Fiji National Provident Fund Board.
The appointment was formalized earlier this week by the Acting Minister of Finance and Prime Minister, Commodore Josaia Voreqe Bainimarama. He replaces the Permanent Secretary for Labour, Industrial Relations & Employment, Mr. Taito Waqa, who continues to serve on the Board. Mr Chand said he was mindful of the important role the Board played in the management of members’ savings. He said he would uphold the Board’s trusteeship duties which required exercising the highest degree of fiduciary care in the management and investment of the members’ savings. Before joining the PM’s Office, Mr Chand was the Chief Executive Officer of the Ministry of Public Enterprises and Public Sector Reforms. He also served as Trade Commissioner for the Pacific Islands Trade and Investment Commission based in Auckland, New Zealand for six years. Prior to this appointment Mr Chand was the Deputy CEO of the Fiji Trade Investment Board. He has also worked at the Pacific Islands Forum Secretariat, National Bank of Fiji and Colonia Mutual Life Assurance Society. He holds a Bachelor of Arts degree from the University of the South Pacific and a Masters Degree in Economics from the University of Queensland in Australia.

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'I owe an apology to the pensioners for the original stance I took', said Fiji National Provident Fund’s chairman from 2009 to May 2010, Parmesh Chand for reducing certain pensions for FNPF members back then.

In a public letter to Editor published in The Fiji Times, Mr Chand states FNPF was thinking about reducing certain pensions, and taking other measures, it felt to be in the interests of protecting its solvency.

“There was opposition from the pensioners who argued that if the FNPF followed through, it would be in breach of agreed procedures and committing a betrayal of trust,” he said.

“The FNPF’s ideas turned into plans, supported by the government of the day. These were implemented in 2012. Pensions were cut, some very substantially, while some of those affected took offers of lump sums, leaving them without any regular pension payments.”

Mr Chand said Decree 51 was introduced to stop pensioners using their right to appeal to the court system. The Coalition Government has announced it will restore reduced pensions to their original rates.

“I affirm that I now support the pensioners. I am confident the case presented by the pensioners in the current stage of their campaign will be successful in this new era of democracy. I owe an apology to the pensioners for the original stance I took, and for the lateness of this statement.”

From Fijileaks Archive, 2016

David Burness has gone, but the class action has not, and will not!

​*David Burness has passed away after a short illness. The one man who had the guts to stand up for his rights as an elderly pensioner against Khaiyum-Bainimarama dictatorship. Those who knew Burness say he  was the nicest, most gentlemanly, of men. Burness was David Wilkinson's great grandson- the man who translated the Deed of Cession.

Burness had hoped that the interim post-coup government and FNPF would respect his pension rights during his lifetime but it was not to be. His leadership encouraged others to take the bold step to make his application a class action. It was forestalled by Khaiyum's decree. How else could they have stopped Burness?

Fiji Pensioners website reports as follows: "Today Sunday 7th February  2016 Pensioner David Burness passed away after a short illness. David Burness, his and other senior citizens treatment under Decree 51 orchestrated by the office of the Attorney General on the basis on non factual information provide by the FNPF management was the reason this blog site was launched in 2011. Some will say the government actions accelerated Davids death, be that as it may, the battle will continue as David would wish. RIP David Burness, you will be missed by all who knew you."

IN THE HIGH COURT OF FIJI              
CIVIL JURISDICTION                                                       

HUMAN RIGHTS COMMISSION DECREE 2009
AT SUVA                                                                  

CIVIL  ACTION NO OF 2011
 
 
BETWEEN                          :                                DAVID FOWLER BURNESS
 
                                                                                                                                                    
​APPLICANT
 
AND                                       :                               FIJI NATIONAL PROVIDENT FUND
 
                                                                                                                                                
FIRST RESPONDENT
 
AND                                       :                               THE REPUBLIC OF FIJI
 
                                                                                                                                               
SECOND RESPONDENT
 
AND  THE ATTORNEY GENERAL OF FIJI
 
THIRD RESPONDENT
 
  AFFIDAVIT IN SUPPORT OF APPLICATION FOR HUMAN RIGHTS PROTECTION

 
I, DAVID FOWLER BURNESS of 44 Beach Road, Suva Point, Suva, make oath and say as follows:

1. I am the Applicant and I depose this affidavit in support of my application to seek human rights protection in the High Court of Fiji in relation to the proposed review of the Fiji National Provident intended to reduce my pension.

 

1. The contents of this affidavit are true in so far as they are within my knowledge, information and belief. Where the contents are not within my personal knowledge, the source of that knowledge is stated and the contents are true to the best of my information, knowledge and belief.

 

1. My counsel, solicitor and barrister Dr Shaista Shameem, has been instructed by me to institute these proceedings in the High Court, pursuant to section 38 (5) of the Human Rights Commission Decree No 11 of 2009, relevant common law, and international human rights law to protect my human rights as a pensioner in Fiji.

 

1. I was born in Fiji on 24th August 1936

 

1. I worked in Fiji from 1970 to  2000 in the occupation of Manager

 

1. I was a member of the Fiji National Provident Fund (FNPF) since 1970

 

1. I was not a member of any other pension fund

 

1. On 24 August I retired and opted to take my pension fund from FNPF in the form of a monthly benefit.

 

1. At the time I retired I had a pension fund provided to me of 25%  of  Gross Contribution.

 

1. Until 2009 I was under the impression that this pension benefit would provide for me until my death.

 

1. My pension fund and that of my wife constitute the sole income from which we pay for all our necessities of life, including utility bills, medical expenses, food and incidentals.

 

1. My wife and I are physically independent and our contributions to the FNPF Fund were supposed to provide for all our needs without any support required from family or the state.

 

1. We own our home in Suva Point and fully expected to pass our twilight years there until our deaths.

 

1. On 19th June 2009 a disquieting report appeared on the FNPF website quoting the Chairman of the FNPF Board, Mr Parmesh Chand, as stating that a review of the Pension Scheme was due to take place. Mr Chand was quoted as stating that ‘a majority of pensioners have outlived their pension with some earning more than three times their balance on retirement’. He was quoted as saying. ‘this is unfair and inequitable. We cannot allow this trend to continue, as the Fund is not only for those pensioners already enjoying benefits but for future generations as well’. Attached as Annexure 1 is a copy of that statement.

 

1. It was reported that the review of the Pension Fund was to be conducted by Mercer (Australia) Pty Limited as Actuarial Consultant.

 

1. From 2009 to the present day I have not been able to receive any such reports and recommendations of various reviews from the FNPF, which is a Trust that should be working for the benefit of the members. The information that I have received has been only from newspaper reports, information from friends and technical reports which are not always clear.

 

1. A few months ago the public was informed that a review of the FNPF pension scheme was inevitable and that the Board would hold a series of consultations throughout Fiji to inform members of the proposed review and receive submissions.

 

1. I went to a number of these meetings and, along with other members of the public, sought specific information from the Board on why our pension funds were depleting and why we had not been informed of the various investments that FNPF had entered into and the way in which the Fund was mismanaged in the past, as was reported in these public meetings.

 

1. Recently, I became aware of the report written by the accountant firm Ernst and Young which pointed to the suspect practices of the past Boards in allocating loans to certain big businesses in Fiji without due diligence and transparency, at great risk to the Funds. This report was not disclosed to the members although it was done some years ago. Attached as Annexure 2 is a copy of part of this Report.

 

1. When we brought this concern up at the public meetings we were informed by the Chief Executive of the FNPF and members of the Board that the Board did not want to look to the past but wanted to ‘move forward’ with proposals for reform.

 

1. This attitude did not impress me as being consultative in nature; in fact, while the members’ views were politely listened to, there was an impression gained that the FNPF and the government had made up its mind that the pension funds of members already in retirement would be reduced to the tune of 64%. In my case my pension would be reduced from the 25% return, with which I had retired, to 9%.

 

1. This reduction will impoverish me and my family since both my wife and I are over the age of 60 and unlikely to ever return to full time employment to support ourselves.

 

1. I had expected that after the public submissions the FNPF Board would review its position to reduce our pensions which we are already receiving as old age beneficiaries.

 

1. However, on Saturday 25th June 2011, that is yesterday, the Fiji Times at page 22 carried an advertisement headed ‘FNPF Acknowledges Submissions’; what is worrying is the last paragraph: ‘The Fund assures you that all submissions will be given consideration and that any changes will be communicated to you’. Attached as Annexure 3 is a copy of the advertisement.

 

1. I interpret this paragraph to mean that the changes will take place and since the Board has stated from 2009 that those who ‘outlived their pension’ have caused unfairness and inequity to the Fund itself, which is not correct since the Ernst and Young report shows that the managers of the Fund have been negligent, the advertisement in the Fiji Times gives me much cause for concern that my rights as a pensioner and as an elderly person are likely to be breached by the FNPF Board, the State and those who make laws by Decree in Fiji. Both FNPF Board statements indicate that my right to live as long as I am able to, my right to live in dignity with my own old-age pension that I have earned a right to, and my right to health, welfare and dignity, as well as social security, which the state of Fiji as a member of the United Nations family of states is obliged to protect and promote, are all threatened.

 

1. It is obvious to me that once a Decree is promulgated changing FNPF Act, I will not have recourse in the courts due to the exclusionary clauses contained in Decrees of this nature.

 

1. For this reason I am also respectfully requesting the Court to make an interim human rights order to prevent any amendments to the FNPF Act until my Notice of Motion has been heard and determined by the Honourable Court.

 

1. I respectfully seek leave to file a further affidavit in due course as there are other examples of FNPF’s failure to act in my interest as a beneficiary that I would like to bring to the Court’s attention but because I had wished to make this application as an urgent measure I was unable to annex additional evidence at this time.

 

1. I pray that my Notice of Motion is heard by the Court at its early convenience as an urgent measure given the circumstances.

 
SWORN at Suva by DAVID FOWLER BURNESS
this 27th day of June 2011 before me:
​

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From the Fiji Sun archive, reproduced in Fijileaks

​State to target Denarau Island company for investigation
 E-mails focus on Martin Darveniza of Tabua Investments Ltd

By VICTOR LAL

​Martin Darveniza, the chief executive of Tabua Investments Ltd, responsible for the overall development of Denarau Island, could be a subject of future investigation, according to an e-mail leaked to me from the Prime Minister’s office.
​
The e-mail, dated 2 June 2008, is to the interim Prime Minister from his principal private secretary Parmesh Chand, in which he writes to his boss: “Prime Minister, Sir, these contacts would be very important if ever there is an investigation on Martin Darveniza – PC”. Mr Chand was forwarding an e-mail, dated 10 May 2008 and headed “Contacts”, from the president of Australia/Fiji Business Council, R.G. (Bob) Lyon, who had written as follows: “Hi Parmesh, Here are the contacts in relation to that matter we discussed.”

Although the e-mail is silent on the “matter discussed”, Mr Lyon, the former chairman of the ANZ Bank Pacific region, gave the names and e-mail addresses of the following persons as useful contacts:  Radisson- Graeme Woodley; Paul Adams; Golf Terrace Apartments - Ross Porter; Sheraton Denarau Villas - Ian Rodwell and lawyer (Nadi) – Peter Lowing.  

Mr Adams is a property developer of Carrus Corporation in Tauranga, New Zealand. Mr Porter was president of the Australia-Fiji Business Council. Ian Rodwell is the founder of the Adcorp Marketing Communications Group, and is also chairman of Denarau Villas Limited (Fiji) in conjunction with Sheraton Hotels in Fiji. Tabua Investments Ltd is carrying out the development of all residential areas on Denarau Island. The company is owned by BIL Ltd out of Singapore and has been involved with Denarau Island since 1996. Since its involvement, the company has successfully developed the Sheraton Denarau Villas project and several residential precincts.

Mr Lyon is presently the non-executive chairman of ANZ’s Pacific business, and is based on Denarau, and President of Australia/Fiji Business Council.

In April of this year, the interim Prime Minister addressed the business council at a dinner at the Tanoa Plaza, in the presence of Mr Lyon, explaining why the interim government took some actions which “some commentators as well as media have described as anti-business or even draconian in their terminology”.

Commodore Bainimarama told his listeners: “You will be aware that the Interim Government was and is faced with the mammoth challenge of undoing years of bureaucracy, systems, inefficiencies, blatantly wrong decisions, and mindsets which are all impediments to making our economy more robust, efficient and investor-friendly. We have had unscrupulous leaders and politicians who have never thought of the nation of Fiji but only of themselves and their political ambitions. There also have been widespread instances of abuse, mismanagement and corruption”

He continued; “You will appreciate tackling all these issues confronting our country at this time is by no means an easy feat. Obviously when we take decisions, largely thinking outside the box and taking into account the bigger picture, people with entrenched and vested interests are likely to be affected. They, with the help of some media and NGOs have been most vocal, focusing particularly on bringing about negative vibes and tarnishing the image of the Interim Government”.

Commodore Bainimarama told the audience: “Some of you might also have the view that Government interventions of late have been too harsh and as such, counterproductive to our image and credibility or for that matter our efforts in creating a more enabling business environment. In this regards, I would like to reassure you that the Interim Government is not in the business of unnecessarily intervening in the work of the private sector. It is only when we have credible evidence that justifies our intervention, we have not hesitated in taking the actions necessary to protect the interest of Fiji and her people”

In June 2005, the deposed Vice President Ratu Joni Madraiwiwi, while opening the Golf Terrace Apartments at Denarau had said that he was pleased to officiate because he was for four years, “one of two lawyers, along with my former colleague Wylie Clarke, who looked after Tabua Investment Limited’s legal affairs at Howards lawyers including the Golf Terrace Apartments”.

For Ratu Joni, “As an indigenous Fijian, it is a matter of great pride and satisfaction that I see the Yavusa e Tolu of Narewa and Nakavu enjoying the benefits of this and other developments. It is due in large part to Tabua’s enlightened self-interest that it’s Chief Executive Officer and Managing Director, Mr Martin Darveniza, has pursued. He has also managed to convince Tabua’s masters in Singapore of the efficacy of doing so and I pay tribute to them. This approach is a template for other developments for it involves Fijian as partners and not just as menial workers in the tourist industry”.

He added: “The relationship with the Yavusa e Tolu has been by turns a testing one. At times it has been fraught. At other times, it has been friendly and even warm. Yet even when it has been at its most tense, there has been mutual respect underscored by the recognition of a mutuality of interests. In all this, I acknowledge Martin Darveniza’s indomitable spirit and his openness to the wise and gentle counsel of the Tuidrakis (father and son) and other elders the Yavusa e Tolu. Martin will tell you that two qualities needed in dealing with indigenous landowners are patience and persistence.”

According to Ratu Joni, Mr Wylie and him often privately joked that “Martin was the Governor-General of Denarau. With the advent of the Golf Terrace Apartments, I think we can now elevate him to Viceroy”.   We do not know why Mr Darvineza, a former solicitor, might be subject to future investigation.

But during the debate on the controversial Qoliqoli Bill, Mr Darvineza was quoted as saying the following:

​“Some people believe that efforts should be made to dissuade government from proceeding, but they have made it very clear they will proceed with this, and this needs to be recognised.

“Too often in the past operators and developers stood in one corner and resource owners stood in the other. I believe the way forward is to bring them together. It’s very imperative that such a broad-based programme is undertaken. We have to bring the two minds together.”

In 2003, Mr Darveniza was on deposed Prime Minister Mr Qarase’s “Think Tank Advisory Group”, which also included Radike Qereqeretabua, Y. P. Reddy, Mahendra Patel and Jesoni Vitusagavulu.

None of those cited in the e-mails could be reached for comments.

PENSION SCANDAL: Another Bainimarama-Khaiyum regime 'b***greaser' PIO TIKOIDUADUA was 'punishing' the late PM Laisenia Qarase