Ms Ana Mataiciwa,
Acting Supervisor Fiji Elections,
Fiji Elections Office,
Suva, Fiji
12th February 2024.
Dear Ms Mataiciwa,
Re: Party Leader- Biman Prasad- False and Non Declaration under the Political Parties
Act 2014.
I am writing this letter to lodge an official complaint regarding one Biman Prasad who is the Party Leader of the National Federation Party which is currently in the Coalition Government.
I note that Biman Prasad has declared that his income being $188,000 per annum, however he failed to declare the FNFP contribution as it added on top of his salary under the Parliamentary Remuneration Act 2014, excluding his personal contribution as required by law (Attached as exhibit 1- Parliamentary Remuneration Act 2014). I state the following:
1. Under section 24 (1)(A) (B) (i) which stipulate one must declare total assets whether in Fiji or Abroad (including money and other property) in their possession or under their control. Therefore, I argue that FNPF contributions and any funds is considered personal property as one can have access to funds as stipulated in the withdrawal provisions of the fund being FNPF. Therefore, Biman Prasad should have declared his contributions and the amount held by FNPF. I note the case precedent used by Aiyaz Sayed Khaiyum whereby in one of his previous declarations he declared his FNFP declarations. Therefore, the same must apply in this case.
2. I note that Biman Prasad failed to declare his travel allowances during his overseas travel and the amounts he received. That evidence is in office and can be verified upon your perusal of his declaration.
3. I noted that Biman Prasad failed to declare that he is the Governor of the Asian Development Bank in Fiji. As that position is not Gazette to him under the Parliamentary Remuneration Act 2014 it is thus separate to his Minister of Finance Post- which must be declared under section 24 (1) (ab) (iv) of the Political Parties Act where a person must declare any directorship or other office in a corporation or other organisation whether in Fiji or Abroad held by each of them. In support I attach exhibit 2- Asian Development Bank Documents stating that Biman Prasad is Governor of the Reserve Bank.
4. I note that Biman Prasad did not declare that his wife one Dr Rajni Chand is the trustee of the Global Girmit Institute and that it facilitated the funds of $200,000 given by the Coalition Government. The Not for Profit Organisation was re-registered in 2023, after it deregistered in February 2022 for failing to supply its financial statements as required under the laws of Fiji. The period of re-registration falls within the required period upon which Biman Prasad is required to declare in his 2023 Financial Declaration (Attached is exhibit 3- Global Institute Deed of Trust and
Registration Documents).
5. I note that Biman Prasad did not declare his connection to Ganesh Chand and Hirdesh Sharma whom are the registered Trustees of the Global Girmit Institute upon whom received $200,000 of Tax payers funds. This is a breach under section 24
(a) (b) (iii) of the Political Parties Act. I submit that no tender was called in relation to the event organisation.
6. I note that Biman Prasad declared that he owns 50 percent shares in Lotus Construction Pte Limited, however upon obtaining the registration documents and the Article of Association – it was established that Biman Prasad only has a 5 percent share in Louts Construction and not the 50 percent share he claims in his declaration (Attached as exhibit 4- Lotus Construction Pte Limited Registration Documents and the Article of Association).
The document was re-lodged in 2022 with the date of the Article of Association dated and signed in 2014 and upon which the re- registration occurred in 2022.
7. I note that one of the directors of Lotus Construction upon which Biman Prasad has shares in is Sunil Chand (Please refer to exhibit 4). Biman Prasad did not declare the business connection with Sunil Chand who has the same Lotus Construction company in Australia thus being a breach under section 24 (a) (b) (iii) of the Political Parties Act 2014 (Attached is exhibit 5- Louts Construction registration in Australia).
8. Biman Prasad’s spouse Dr Rajni Prasad [Chand] did not declare that she is Chairperson to Femlink Pacific (Please note she has held this position 2009 to date), therefore being a breach under 24 (1a) (d) of the Political Parties Act (Attached is exhibit 6- Femlink Document stipulating that Dr Rajni Prasad is the Chairman of the organisation). Dr Rajni Chand may/may not be receiving a salary from this post nonetheless it was a non-declaration.
9. I note that Biman Prasad and Dr Rajni Chand have not declared under section 24 (1) (a,b (iii) and 24 (1A) (c) of the Political Parties Act 2014 their business transaction to one Dr Ganesh Chand who is the co-trustee of the Global Girmit Institutre as previously mentioned. However, due to the business transaction the fact must be taken into account is that Biman Prasad allocated $1 million to Pacific Polytech whose Advisor is Dr Ganesh Chand. Please note that there was no tender process in line with the Laws of Fiji. Please note that Pacific Polytech has not submitted that their Audit reports as required. The funds was transferred in 2022 to Pacific Polytech.
I therefore submit this complaint for the breaches under the Political Parties Act 2014 upon which I understand that whilst some elements of this complaint cannot be handled by your office.
You must, therefore, refer the matter to FICAC under section 18 of the Political Parties Act.
*Complainant's name withheld by Fijileaks.
Acting Supervisor Fiji Elections,
Fiji Elections Office,
Suva, Fiji
12th February 2024.
Dear Ms Mataiciwa,
Re: Party Leader- Biman Prasad- False and Non Declaration under the Political Parties
Act 2014.
I am writing this letter to lodge an official complaint regarding one Biman Prasad who is the Party Leader of the National Federation Party which is currently in the Coalition Government.
I note that Biman Prasad has declared that his income being $188,000 per annum, however he failed to declare the FNFP contribution as it added on top of his salary under the Parliamentary Remuneration Act 2014, excluding his personal contribution as required by law (Attached as exhibit 1- Parliamentary Remuneration Act 2014). I state the following:
1. Under section 24 (1)(A) (B) (i) which stipulate one must declare total assets whether in Fiji or Abroad (including money and other property) in their possession or under their control. Therefore, I argue that FNPF contributions and any funds is considered personal property as one can have access to funds as stipulated in the withdrawal provisions of the fund being FNPF. Therefore, Biman Prasad should have declared his contributions and the amount held by FNPF. I note the case precedent used by Aiyaz Sayed Khaiyum whereby in one of his previous declarations he declared his FNFP declarations. Therefore, the same must apply in this case.
2. I note that Biman Prasad failed to declare his travel allowances during his overseas travel and the amounts he received. That evidence is in office and can be verified upon your perusal of his declaration.
3. I noted that Biman Prasad failed to declare that he is the Governor of the Asian Development Bank in Fiji. As that position is not Gazette to him under the Parliamentary Remuneration Act 2014 it is thus separate to his Minister of Finance Post- which must be declared under section 24 (1) (ab) (iv) of the Political Parties Act where a person must declare any directorship or other office in a corporation or other organisation whether in Fiji or Abroad held by each of them. In support I attach exhibit 2- Asian Development Bank Documents stating that Biman Prasad is Governor of the Reserve Bank.
4. I note that Biman Prasad did not declare that his wife one Dr Rajni Chand is the trustee of the Global Girmit Institute and that it facilitated the funds of $200,000 given by the Coalition Government. The Not for Profit Organisation was re-registered in 2023, after it deregistered in February 2022 for failing to supply its financial statements as required under the laws of Fiji. The period of re-registration falls within the required period upon which Biman Prasad is required to declare in his 2023 Financial Declaration (Attached is exhibit 3- Global Institute Deed of Trust and
Registration Documents).
5. I note that Biman Prasad did not declare his connection to Ganesh Chand and Hirdesh Sharma whom are the registered Trustees of the Global Girmit Institute upon whom received $200,000 of Tax payers funds. This is a breach under section 24
(a) (b) (iii) of the Political Parties Act. I submit that no tender was called in relation to the event organisation.
6. I note that Biman Prasad declared that he owns 50 percent shares in Lotus Construction Pte Limited, however upon obtaining the registration documents and the Article of Association – it was established that Biman Prasad only has a 5 percent share in Louts Construction and not the 50 percent share he claims in his declaration (Attached as exhibit 4- Lotus Construction Pte Limited Registration Documents and the Article of Association).
The document was re-lodged in 2022 with the date of the Article of Association dated and signed in 2014 and upon which the re- registration occurred in 2022.
7. I note that one of the directors of Lotus Construction upon which Biman Prasad has shares in is Sunil Chand (Please refer to exhibit 4). Biman Prasad did not declare the business connection with Sunil Chand who has the same Lotus Construction company in Australia thus being a breach under section 24 (a) (b) (iii) of the Political Parties Act 2014 (Attached is exhibit 5- Louts Construction registration in Australia).
8. Biman Prasad’s spouse Dr Rajni Prasad [Chand] did not declare that she is Chairperson to Femlink Pacific (Please note she has held this position 2009 to date), therefore being a breach under 24 (1a) (d) of the Political Parties Act (Attached is exhibit 6- Femlink Document stipulating that Dr Rajni Prasad is the Chairman of the organisation). Dr Rajni Chand may/may not be receiving a salary from this post nonetheless it was a non-declaration.
9. I note that Biman Prasad and Dr Rajni Chand have not declared under section 24 (1) (a,b (iii) and 24 (1A) (c) of the Political Parties Act 2014 their business transaction to one Dr Ganesh Chand who is the co-trustee of the Global Girmit Institutre as previously mentioned. However, due to the business transaction the fact must be taken into account is that Biman Prasad allocated $1 million to Pacific Polytech whose Advisor is Dr Ganesh Chand. Please note that there was no tender process in line with the Laws of Fiji. Please note that Pacific Polytech has not submitted that their Audit reports as required. The funds was transferred in 2022 to Pacific Polytech.
I therefore submit this complaint for the breaches under the Political Parties Act 2014 upon which I understand that whilst some elements of this complaint cannot be handled by your office.
You must, therefore, refer the matter to FICAC under section 18 of the Political Parties Act.
*Complainant's name withheld by Fijileaks.