Home » Bainamarama » Is the Casino a victim of the Khaiyum clause?

Is the Casino a victim of the Khaiyum clause?

A blogger called Casino Royale has been posting on blog sites the text of the Casino (Operator) Decree 2012.

Casino Royale says nothing about why he posted the decree but it seems it’s timed to coincide with the expected announcement by One Sands about their casino, which has failed to materialise on Denarau island.

It’s no secret the hold-up in the commencement is due to failure by Larry Claunch to nail down finance. And why would that be? Probably for the same reason that investment across the board in Bainimarama’s Fiji is held back – the Khaiyum clause is in almost every law and the fact that the court system is run by this megalomaniac as some kind of personal fiefdom.

In the Casino decree it comes in this form

“14. No court, tribunal, commission or any other adjudicating body shall have the jurisdiction to accept, hear,
determine, or in any other way entertain any challenge at law, in equity or otherwise (including any applications for
judicial review) by any person or body, or to award any compensation or grant any other remedy to any person or body in relation to –
(a) the validity or legality or propriety of this Decree;
(b) the validity or legality of the Licence or operation of the Company; or
(c) any decision of the Minister made under this Decree.

When financiers see this clause it’s a complete turn-off.

Anyone in the business world could tell Bainimarama the Khaiyum clause, taken with the way the court system operates, deters investment. But Bainimarama never gets to hear what businessmen really think because Khaiyum punishes anyone who speaks out.

24 thoughts on “Is the Casino a victim of the Khaiyum clause?

  1. Fiji’s economy has recorded low rates of economic growth, with the economy contracting from 2006 to 2009. Political instability and policy uncertainty have added to investor risks, and private investment levels have fallen to record lows. Economic, political, and climatic shocks have hit the economy, and two of Fiji’s leading industries—sugar and textiles—have experienced significant declines. Since 2006, economic growth has lagged behind the rate of population increase, resulting in falling average per capita income levels. Inflation has been contained within single digits, but has also been on a rising trend in recent years. The economy is generating few jobs, the majority of the labor force still works in the informal sector, and unemployment and underemployment are on the rise. Faced with a difficult domestic labor market, emigration is high and rising, draining the economy of much-needed skills and experience. Import growth is outstripping growth in exports, contributing to a widening trade gap, although service receipts from tourism, remittances, and, to a much smaller extent, official aid, are helping to close the trade gap.
    Economic prospects are clouded by weak global markets and continuing domestic political uncertainty. Breaking out of this downward spiral of political instability, economic stagnation and low rates of employment creation will be a difficult challenge.

  2. Against the background described in ADB’s economic report on Fiji, see posting above, investors are unable to finance projects. While Fiji’s banking sector is awash with excess liquidity, no banker wants to lend in an environment where no court action against the main player in the economy is possible. Yes, the Khaiyum clause is a significant barrier, but it is only one in a huge minefield. Investors look at things like the Transparency International Corruption Index and the World Bank Ease of Doing Business Survey. Fiji does not feature in the former (perhaps because there is no perceived corruption) and is on a steep decline since 2007 in the latter.

  3. only business thriving in Fiji is indian business,….but then Fijian business has always been indian business so when the indian in political control like we are now, who needs foreign business or should I say why come here cos eventually the indian will take over your business becos they will have the Fijians land eventually under this dictator of muslims.

  4. I have this clause standardised to be part of all decrees that I pass.
    the court is only here to prosecute criminals and newspapers former regime liumuris who saw the light and defected.

  5. Minister rejects Chaudhry’s claim

    Nineteen thousand recipients currently assisted under the Family Assistance Program will not be terminated from the welfare program as claimed in a statement by Fiji Labour Party Leader, Mahendra Chaudhry.

    This is according to Social Welfare Minister Dr. Jiko Luveni whose comment follows a statement by Chaudhry who condemned the decision to cut off most of the 19,000 recipients under the Ministry’s Family Assistance Scheme.

    Dr. Jiko Luveni said this is inaccurate and misleading as this is not happening.

    She has clarified that these recipients will be re-certified under the new Poverty Benefit Scheme.

    Luveni said during this process those whose economic conditions have improved over the years and are now capable of financially supporting their families will be graduated from the program and will be re-programmed for those who need it the most.

    The Poverty Benefit Scheme with total budget of $22.6 million is expected to assist approximately 13,000 households with a maximum payment of $150 per month and part of this amount consists of $30 food voucher.

    Dr. Luveni said that Chaudhry playing on the fears of those who depend on social welfare schemes, for political gain, is irresponsible and unbecoming of a public figure.


  6. NZ News this morning

    Union tourism campaign angers Fiji
    07:00 Wed May 8 2013

    A campaign by New Zealand and Australian trade unions aimed at international tourists visiting Fiji has angered the Pacific nation’s military government.
    The destinationfiji.org website was launched this week, urging people to rethink the idea that Fiji is a paradise.
    The website says that since Commodore Frank Bainimarama seized power in 2006, human and workers’ rights have been under attack. The regime has stripped workers of their wages and conditions, free speech has been stifled, and the country’s Constitution and Bill of Rights has been abrogated, it says.
    With about 700,000 people visiting Fiji “Don’t let your tourism dollar prop up the Fiji military regime this year,” it urges.
    The website was set up by Australia and New Zealand’s respective Council of Trade Unions and other workers’ rights groups.
    But Fiji’s Attorney-General and Minister for Tourism Aiyaz Sayed-Khaiyum accused the unions of misleading the public and undermining the livelihoods of workers.
    “This is a campaign of a handful of Fijian trade unionists with the assistance of their Australian and New Zealand mates to undermine the Fijian economy, create job loss, and punish the livelihoods of ordinary Fijian workers, all in an attempt to bolster their own position,” he told FijiLive.
    For trade union leaders to encourage a boycott of such a crucial industry was “the height of selfishness and irresponsibility”, he said.
    Fiji Trade Union Congress general secretary Felix Anthony, responded, saying the campaign is about to educate tourists about the reality of what was happening on the ground away from their luxury resorts.
    “He (Sayed-Khaiyum) cannot place the blame on trade unions when he is the one who has embarked on union bashing,” he told AFP.

  7. Why do the overseas media always say that responses from the regime are responses from Fiji. Does iarse represent Fiji. The people of Fiji have not given their responses. How can an illegal usurper talk on behalf of Fiji. Who gave him the right to do so? Nobody elected him, nobody wants him except bai.

    As for his various decrees they reflect the fear of being taken to court as surely they be found wanting and it is a sure sign of dictatorship where the order of command is set to be unchallengeable.

  8. With private investment levels now at historic lows and the government hampered by a large public debt overhang, the very resilience of Fiji’s economy is now in question.
    The government’s Roadmap for Democracy and Sustainable Development, 2009−2014 signals the development of a new constitution and electoral law, measures aimed at facilitating access to land for production, reforms to strengthen the economy and private sector development, and public sector reform; and intensifying poverty eradication efforts. However, the implementation of the roadmap has been hampered by capacity and financial constraints within the public sector and by insufficient dialogue and consensus-building among stakeholders.
    Given the prevailing political and economic context, priority should be accorded to the reform interventions that are likely to have a meaningful impact on economic performance, will bolster stakeholder confidence, and are essential to returning the country to a path of good governance. Improvements in political conditions, economic management, and structural policies are needed to put the economy on a higher economic growth and employment generation trajectory. Only through higher levels of investment and a focus on private sector-led growth will the economy generate the jobs and incomes needed to reduce poverty and boost social development.

  9. Nizam brother
    if the legal basis is wrong and illegal then anything built on it will fall down.
    Investment needs a strong and reliable legal system, including an independent judiciary especially, and a fair system of law making.
    We have a dictatorship in Fiji. That’s fact. No dictatorship in the world has ever proven to be long lasting and beneficial to the PEOPLE.
    so you can theorise about attracting investors bla bla bla but they will not come in droves, only the shyster ones will come.
    Its like a lion roaring to the animals, come to my cave I will protect you, and then turns around and complains that the monkeys are telling the other animals not to go the lions cave because the lion cant be trusted.

  10. Nasona.

    What exactly do you and your like minded eejits find so abhorrent with section 14?

    Considering its standard practise elsewhere in the world aye?

    What do you think of this Latin maxim?

    “cuius est solum eius est usque ad coelum et ad inferos”

  11. @Rt Saimoni

    It means EyeArse’s “callous sona entrance and coagulated da is inferior to Bai’s”

  12. Nasona.

    Here something to ponder.

    Whose the land is, all the way to the sky and to the underworld is his; For whosoever owns the soil, it is theirs up to the sky and down to the depths’

  13. @ Ratu Shoot-Myself-In-The-Foot

    The Khaiyum clause effectively abrogates all rights to legal process and appeal. So Khaiyum can write and make up anything he likes to suit his mood at that hour of the day.

    So it gives a lie to the maxim you quote. It should be amended to: “Whose the land is, all the way to the sky and to the underworld is whomever Khaiyum wishes it to be; For whosoever makes up the law according to his breakfast, it is theirs up to the sky and down to the depths’, until the day that this farcical joke of a government ends

  14. bainimagana is nothing more than a criminal thug running from the law and his lamusona arse will let kuntyum do anything so longs as kuntyum keeps him out of prison and making lots of money while kuntyum also robs Fiji pension funds, native land, workers rights, free speech and pride!

  15. Radio AW.

    Boy, in future when addressing me bear in mind no smart-arse remarks after the word Ratu comprende.

    “The Khaiyum clause effectively abrogates all rights to legal process and appeal. So Khaiyum can write and make up anything he likes to suit his mood at that hour of the day”

    Son I want you to take a step back and read what you wrote and after mush soul searching ask yourself this question, what rights has Khaiyum abrogated and what shall I do about it and how best to deal with such odious disregard for my fellow-men?

    In the end you just might find your answers.

  16. Is this the same Ratu Sai who has changed his name to Ratu Saimoni. Perhaps his status should be changed to Adi.

  17. C’mon she of the technicolour hair, Aunty Nur and Dave Frigger. What’s up with this casino. Nur was proudly trumpeting this non event a year ago. Cat got your tongue? Khaiyum, any answers? Threats of recriminations agaist 100 Sands aside?

  18. @ Ratu Cai

    You say clause 14 is “standard practise”. I guess you mean “standard practice’, but you’re wrong.

    So-called ‘privative clauses’ like this are, whenever they occur, exceptional, not standard. Courts have been able to eliminate them in Australia and Canada where legislators have attempted to limit (not eliminate) appeal avenues.

    The exceptional situation where they’ve been attempted are where executive decisions are effectively defeated by the ability of appeals to climb slowly through successive levels. The ASK idea that no-one can ever get any kind of review of an executive decision at all is the ASK speciality.

    It’s a sign of how sick this regime is that no-one from within either the legal profession or the business world has been able to persuade Bainimarama that this has deterred investment. Only investors like the Chinese who believe they have appeal rights directly into PM’s pocket have the confidence to invest.

  19. @ Ratu Cai

    After ‘mush’ soul searching I have decided that your left scrotum seems to have taken control of your keyboard.

    I am not sure why you want anyone to consider the ‘odiousness’ of Aiyaz’s moronic napkin decrees, or whether you believe they have any bearing on ‘fellow-men’. Who knows, nor cares, what you and your left nut think about any of that circular silliness.

    As Navosavakadua so rightly frames this very real issue:

    The ASK idea that no-one can ever get any kind of review of an executive decision at all is the ASK speciality.

    This is obvious to everyone, including investors, whom I suspect Sai, leave more intelligent comments in their morning toiletries than whatever meaningless drivel it is that you and your left nut manage to type out.

    There is no confidence left for investors in Fiji – because the regime has corrupted government from top to bottom – everything from crass incompetence, to demands for lunch money and the more obvious court proceedings for political intimidation.

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