Home » Bainamarama » Lies versus facts on land

Lies versus facts on land

The iA-G has accused critics of his Land Use Decree of stirring up emotions on land, but let’s look at some very clear facts about his Decree.

He is lying when he says the Land Use Decree makes landowner approval necessary for leases issued under its powers.

The current Land Use Regulations (not the Decree) require the Minister to get approval from landowners for their land to be put into the Land Bank. But after land is put in the Land Bank, landowners have NO say after ceding their land to the Frank Bank.

The Otago University study of the land laws in Fiji makes this clear:

“Once designated (ie put in the Land Bank) the LOU (Land owning Unit) has no say in how the land is used. The LOU has effectively granted the Director of Lands carte blanche to lease their land. There is no requirement that the LOU consent to a specific lease. There is no duty of consultation, although it might be possible to fashion one out of the mandatory consideration that all leases “take into consideration… the best interest of the land owners”. For reasons that will be discussed later, such a duty would be largely worthless because it is unenforceable. The LOU is also unable to exercise any legal rights to use or occupy the land while designated because it must be “free of all encumbrances”. page 31

Landowners effectively give the land to the Government.

The Otago study says “The LOU regime all but extinguishes the ability of the LOU to legally enforce its rights against the State or sub-lessor. A private law action that purports to “challenge or question” almost any matter under the Land Use Decree (including the decisions of officials, the terms and conditions of a lease, or the cancellation of a lease) must fail because of the extensive privative clause in s 15(1) of the Decree.”

The Otago study concludes this ban on appeals to courts appears to be “ironclad”.

But it is not only landowners whose rights are taken away. Tenants are also at the mercy of the Bainimarama state.

“The consequence is that neither the LOU (landowners) nor the sub-lessees (tenants) have access to the courts to enforce their legal rights in regards to the leases they have entered into under the LOU regime. The State holds all the power in the lease relationships: it has a vast array of powers and can exercise these with impunity because there is no judicial oversight.”

The Otago study concludes that if the courts deny access “the LOU will have, in practical terms, alienated its land as it cannot enforce its rights of reversion. The sub-lessee is effectively in the position of a tenant-at-will because the State could simply elect to terminate because, despite having a registered lease, enforcing it would require questioning the “validity of the cancellation”.254 The rights of the LOU and the sub-lessor are not functionally enforceable property rights in the ordinary sense of the term.

To the landowners who say they have done well under the Land Bank and support it, I say yes, you have received your 30 pieces of silver, but what about everybody else. Do you understand what power over land has been taken by Bainimarama? And in future, if he chooses, he can change the Land Use Regulations and landowner approval will no longer be needed for land to be placed in the Land Bank. A change to Land Use Regulations does not need the approval of Parliament. The Land Use Decree gives the Minister the power to make new laws without the approval of Parliament.

Bainimarama has been careful not to use all the powers he has taken because he doesn’t want landowners (or tenants) to find out how much power he has over their land.

Part of the new system is payment of “Premiums” when leases are signed. So far Bainimarama has paid these to the landowners, but he is not required to do this.

The Otago study says: “The State is not obliged to pass on the “premium” which the sub-lessee is required to pay up-front before the lease is granted but appears to have done so in practice.”

So for the time being Bainimarama is passing on premiums for 99 years leases, but he is not required to do this by law. This is the law and there is a clear plan behind it – to build power for Bainimarama to entrench himself in government.

The facts about this are easy to check. The 2012 study by Matthew Dodd for the Faculty of Law at University of Otago can be accessed via the link below.

http://www.otago.ac.nz/law/research/journals/otago041735.pdf

The study looks at the whole issue of reforming land laws in Fiji. It is critical of the old NLTB system under previous governments, but it is equally very clear that the Land Use Decree gives Bainimarama the power to take native land on whatever terms he likes. The fact that he’s used this power very carefully up to now shows only that he is stealthy. His only aim is to entrench his dictatorship.

38 thoughts on “Lies versus facts on land

  1. Nasona.

    Still pounding the land issue aye idiot?

    Hows this I own in excess of three thousand acres in various parts of Fiji now it is up to me whether or not I bank my land with the commission similarly with the land owning units.

    Its no compulsory?

    So whats you problem?

    The people have woken from their slumber especially from you and your mentors mantra Noqu kalou Noqu Vanua?

    Farkwit.

  2. Adios.

    I come to expect nothing less from retards like yourself se vakacava luveni macawa.

    What have you done in life that is of any worth, something that you can claim you achieved through hard work?

    I suppose like your ilk, jack shyte.

    The truth be told you are currently unemployed and are relying on the generosity of taxpayers to fund your daily bread.

    Idiot.

  3. khaiyum will take away the land with bai and make huge profit from fijian land given to china mens.
    rabuka /speight did the coup to save fijian land .
    so where are the fijians now. fijian want khaiyum /bai to rule.no fights/march yet.

  4. Navosavakadua still playing ape shit on the iTaukei emotions and fears of yesteryear-He can cite all the studies but the bottom line is MOMI ILLEGAL LAND SWAP. You’re either part of the problem or partner to the solution. Get with program!

  5. It is unacceptable that Navosavakadua portrays me again as a greedy, power hungry monster. It is laughable that he uses the so called research of a completely unknown academic from a third rate university to smear my visionary land use decree. What Navo and this retard academic from Otago miss completely is the benevolence dimension. This dimension is understood by true, world renown academics from leading universities such as Croz Walsh. These gentlemen should book a bit of re-education with Prof Walsh who will in no uncertain terms show them how the land use decree takes the country forward. Yes, the iTaukei will lose a bit of land. But look at the enormous benefits for the entire economy. Imagine how much kick backs I could cash in with a nice big land deal with the Chinese?

  6. Nacaga Boilevu kawa ca regime licker, illegal mind thieving arse holes like the ursupers kaisi bokola like Bai.

  7. Nacaga Boilevu I have achieved many things by hard work and following the laws of the country not violating the laws and robbing people of their democratic rights and stealing tax payers money to pay themselves high salaries. So don’t talk and shut your stinking mouth.

  8. The Otago University study is categorical and based on facts, not stupidity and lies.

    Put your land in the Land Bank = Frank and Aiyarse own your land.

    Good luck with that idea.

    Nacaga and Talei are trying their best – but as the only two members of the “Frank and Aiyarse are not lying (anymore), they have an impossible task. What a pair of miserable morons.

  9. after reading the Otago University Report, i can’t help but think that there is a greater force behind khaiyum/bainimarama Land Grab Bank. These two greedy idiots have sold fiji to the biggest Tevoro. and they know who it is.

  10. My Native Brothers your Land is safe, besides it is not compulsory for land owing to bank their land, however the Government of the day can and will acquire land for the public good.

    LAND USE DECREE 2010
    (DECREE No. 36 OF 2010)

    3. – (1) The objects of this Decree are-

    (a) to utilise designated native land in a manner that is in the best interest of native land owners; and
    (b) to utilise designated crown land with a view to achieving optimal return to the State.

    (2) The Decree achieves these objects by –

    (a) providing for the establishment of a Land Use Unit within the Ministry;
    (b) providing longer tenure of leases for a sustainable and progressive development of the agricultural and commercial sector; and
    (c) providing that all land available are leased with the purpose of providing a livelihood for all parties concerned.

    DESIGNATION OF LAND TO THE LAND USE UNIT

    Land designated to be free of all encumbrances

    4. All land designated under the Decree shall be free of all encumbrances, and shall not be the subject of any dispute in any court, tribunal, commission or before any other person or body exercising a judicial function.

    Non-extinguishment of title for land designated

    5. The ownership of all land designated under the Decree shall remain with the Crown or native land owners until the expiration of the lease or until such time the land is no longer required under the Decree.

    Prime Minister to designate land.

    6. – (1) All land designated for utilisation under this Decree will be referred to the Prime Minister.

    (2) The Prime Minister shall then use his discretion to designate land for utilisation under this Decree.

    Best interest of the native land owners.

    11. All leases issued or renewed under this Decree shall take into consideration at all times the best interest of the land owners and the overall wellbeing of the economy.

    Crown Acquisition of Lands Act [135]

    Power to acquire land

    3. *Subject to the provisions of the Constitution and the other provisions of this Act, an acquiring authority may acquire any lands required for any public purpose for an estate in fee simple or for a term of years as he may think proper, paying such consideration or compensation as may be agreed upon or determined under the provisions of this Act.

    Crown Lands Act [Cap 132]
    Land acquired for public purposes may revert to native land

    8. When any native land which has been acquired by the Crown for public purposes under the provisions of the Crown Acquisition of Lands Act or any other written law is no longer required for such purposes, the Minister, after consultation with the Cabinet, may, by order, declare such land to be native land and such declaration shall be recorded in the name of the unit from which it was acquired in the Register of Native Lands kept under the provisions of section 8 of the Native Lands Act.

  11. Radio .Wazzock.

    “Put your land in the Land Bank = Frank and Aiyarse own your land”

    Boy, I am rather surprised at the level of idiocy in which you exude.

    Why?

    Well because of all the idiots that participate in this barren blog-site, I thought at times you had shown some sign of level-headedness but its appears not, infact you are no better than these fricken eejits.

    Now lets take a look at your idiotic reflexions.

    You claim if land owing units bank their land with the land bank Frank and Co are sole owners?

    Based on your fallacious account it can be deduced that such claims are ill-conceived and therefore has no validity.

    Why?

    Well, lets take a look at this clause “(2) The Prime Minister shall then use his discretion to designate land for utilisation under this Decree”.

    Now, who do you think the above clause is referencing?

    Based on the hypothesis and not withstanding the outcome of the 2014 election the very person or persons you traduce may not be the Prime Minister aye?

    Than I suppose you mongrels will find some-one else to malign.

  12. Lo.

    “i can’t help but think that there is a greater force behind khaiyum/bainimarama Land Grab Bank. These two greedy idiots have sold fiji to the biggest Tevoro. and they know who it is”

    Isa sa vakaloloma dina na vakasama ni tamata, o vakaraitaka mai ni maumau dina vei iko na vuli.

    Sa dina ga na ka e kaia o Ratu Sukuna, o kumuni qo ni katu dua ga bani ni vuwaka sara..

  13. I have a simple arguement that if the farmers/tenants make hugh profits out of land held in custody by fijian lanowners, then why dont the lazy landowners cultivate the land themselves, sweat their guts out and become rich people.

    Why lease it out to indian farmers and get so little return as claimed by this writer?

    Why are fijian landowners sending their young kids (girls) on streets of major towns/cities in Fiji to earn money from prostitution so that they can provide food to the family?

    If in doubt about my claim regarding kids, please check it out with the police, Womans crisis center, FWRM, and some christian churches.

    Father Barr will vouch for this.

  14. Let the Fijian landowner try once again sugar cane farming and prove to the whole world that they are no more lazy bums, drinking grog all night, cant even look after their families and relying on government handouts and living off farmer’s lease money to survive.

    I am so sure that the indigenous fijians will prove their worth.

    And perhaps Navosavakadua should start with some farming tips in this blog, to help out the lazy indigenous landowners of Fiji and teach them to work hard for their living.

    Just look at the many land reserved by the landowners, OMG the weeds are as big and high as the anti-government bloggers in here who would be better off planting some veggies on their lsnd.

    Many landowners are now willing to lease their land but the mostly indian farmers have refused to take up the lease.

    To my fellow indigenous landowners please dont be politicised by these hoons conman racists politicians mostly before elections. There is no substitution for hard work which successful fijians will vouch for.

  15. @navosavakadua

    Still flogging the dead horse ie the land bogey ??. Everyone now knows thats its a non-issue.

    You are playing on the emotions and fear of the i taukeis.

    Please stop your insanity, there is a limit to your idiocracy.

    Fijians landowners would be better off earning some lease money on idle land rather than weeds growing on the land.

    Go , get a real job now

  16. + + + Breaking News + + + + + + Breaking News + + + + + + Breaking News + + +
    Believe it or not, my boy Khaiyum has now his own blog! This is the place where you get the full story, right from the horses mouth! He has announced snap elections in 2013 supported by PNG and North Korea. His blog is a must see:

    http://attorneygeneralfiji.blogspot.com/

  17. @ Sai

    Oh Sai. Copy-paste only impresses search engines.

    “My Native Brothers your Land is safe” – Said the goat-farmer from New Zealand. Glad to know that we such have honorable and stellar minds on the case today!

    Did you even read the analysis? Do you even really care?

    Do you even recall the commentary that a young failed lawyer once wrote on the same subject?

    “Fijians landowners would be better off earning some lease money on idle land rather than weeds growing on the land.” – this sort of rubbish is the height of stupidity – why should something that belongs to someone be worth more as dirt cheap rental for an entire generation???

    What nonsense.

    You, Emily/Danny and Arskissy are of the same feather – anything to feather your own nests.

    A day of reckoning will come – your colleagues, family and friends will remember how much you supported this cabal of traitors in their loathsome struggle to ruin the nation and destroy the people of Fiji.

  18. Radio Previse.

    Boy, thanks for the warning but its not needed here, I have my vast array of livestock to fend for me aye?

    “why should something that belongs to someone be worth more as dirt cheap rental for an entire generation??”

    Sunshine do you ever read the tripe you disseminate?

    Another of your preposterous claims, firstly you claim that Frank and Co will own all land in the land bank now because native lease is extended to ninety nine years there will be
    problems foreboding.

    Whats the fricken hell the matter with you?

    To make such unfounded claims is foolish,provide me with facts than maybe I will have a change of heart but not before than.

  19. @Ratu Sai

    You’ve put the key bits there for all to see and it doesn’t stand out and hit anyone reading it that it means Bainimarama can take whatever land he wants.

    It’s all in lawyer’s language but the meaning is absolutely clear.

    “The Prime Minister shall then use his discretion to designate land for utilisation under this Decree.”

    Do you know what DISCRETION means? It means up to you boss!! He designates and then he virtually owns it. He can do what he likes.

    There are some other rules under the Land Use Regulations but these can be changed by Bainimarama any time he likes. The power to make regulations is in section 6 14(2) You didn’t quote this Ratu Cai, did you? It says that the Minister, ie Bainimarama, can makes Regulations, ie laws, on “any matter” whatsover relating to the decree.

    It’s not easy to see this, but it is clear and it’s not just me but the Otago Law faculty study that’s identified these sweeping powers that Bainimarama has handed himself.

    To all the people who think that hard working tenants earn a right to own their landlord’s land let me just say this. The powers given to Bainimarama over tenants is also absolute.

    This is not a landlord versus tenant issue. It’s not iTaukei versus Indo-Fijian. It’s powerless citizens versus a dictatorship.

  20. Nasona.

    Do you mean this section?

    Prime Minister to designate land

    6. – (1) All land designated for utilisation under this Decree will be referred to the Prime Minister.

    (2) The Prime Minister shall then use his discretion (freedom to act or judge on one’s own) to designate land for utilisation under this Decree.

    So what’s the problem aye?

    The Native Land Owners are not compelled to bank their land and therefore that portion of that decree remains as it is, however if the Land Owning Unit decides to bank their land than the Prime Minister may within his capacity and discretion to utilise the land as he/she sees fit.

    Now, if for instance the owners decides against banking their land, than the Government can and will acquire land for the public good under the State Acquisition of Lands Act [135].

    Nasona you ought to stop with your idiocy boy.

    The native is more safer now than ever before.

  21. Regulations by Minister

    14. – (1) The Minister may make regulations under this Decree with respect to all leases which may
    be issued by the Land Use Unit in the prescribed form.

    (2) The Minister may make regulations under this Decree with respect to any provisions or matters relating there under.

    The referencing of PM/Minister in the decree does not necessarily mean Bainimarama now does it?

    Again come 2014 election the PM/Minister in charge of Native Land could well be some body, anybody other than Bainimarama.

    So where is your argument Nasona.?

  22. Ratu Sai why should I enlighten you with my achievements u boicici You are supporting a criminal you arse hole

  23. Adios Boidada.

    Where in my discourse have I given an iota of indicant that I supported Frank.

    We still await you achievements or what you have done with your miserable life.

    Do you think Frank and Co are stilling Native land for their own gain?

    If so, than explain how are they to achieve this?

  24. @ Sai

    “in my discourse have I given an iota of indicant that I supported Frank.”

    Don’t you have lunch with the criminal on a regular basis? Or was that just one of your wet dreams?

    Also, it is quite hilarious that when you are caught out, shooting yourself in the mouth, you choose to attempt to edit your own quotes:

    this is the copy paste – copies from your own post:

    “Prime Minister to designate land.

    6. – (1) All land designated for utilisation under this Decree will be referred to the Prime Minister.

    (2) The Prime Minister shall then use his discretion to designate land for utilisation under this Decree.”

    It cannot be clearer than that. Even to the terminally stupid – although you did make me laugh.

  25. Radio Befuddled.

    Boy having lunch and supporting him is to different thing aye?

    “(2) The Prime Minister shall then use his discretion to designate land for utilisation under this Decree.”

    So what exactly is your argument?

    Don’t you agree the PM could anybody other than Frank?

    Besides the native land owners is not obligated to sign over their land for the purpose of land banking.

    Now if they do, shouldn’t you and your ilk be advising the land owners against such idiocy?

    There is no point in maligning Frank.

  26. Ratu Sai Frank is a criminal and it takes a person of similar character to support him as your support of the illegal changes he has made by issuing illegal decrees is indicative of this. Also no one wants to know whether you are a sheep farmer or a sheep fucker just keep it to your self.

  27. @ Adios

    Don’t worry about Sai.

    When he isn’t being mind-bendingly dumb (how do you shoot yourself in the head so easily?!?), he is busy looking lovingly at pictures of Frank and his boss Aiyaz.

    There is no bigger fan of these criminals than Sai.

    Rule by decree.

    No laws for them.

    Every promise they make is a lie.

    Every lie they say, they pretend is the truth.

    Everything they touch is corrupted and destroyed.

  28. All u people who oppose the indigenous peoples right to decide what is to be done with their land are the racists who look down on us. only got to look at your degrading disrespectful and insulting comments.

  29. “The Indigenous”

    Well said. Though these are the same idiots that in the same breath that they choose to praise Aiyaz and Frank, claim that everyone who questions the regime is ‘racist’.

  30. I think the score now on the land issue is Navosa 10, Arskissy and SaiKumar -10….LOL.
    watch them back away now because they’ve just shown their first year law student knowledge of the law…USP graduates???obviously.

  31. @Adios Amigo

    Can you point out a single post of yours on this blog where you have made an argument as opposed to abusing another poster.

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  34. Without the consent of the native land owners than the land cannot be designated into the land bank. If its deposited into the Land Bank it doesn’t mean the government owns the land, the government only administer the land and find ways to provide economic return to the land owners.

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