Home » Uncategorized » i-Taukei land no longer safe: Nawaikula

i-Taukei land no longer safe: Nawaikula

 

June 03, 2014 08:23:31 AM

 

Indigenous land ownership by iTaukei yavusa and mataqali can no longer be considered intact or safe, says former TLTB general manager legal and SODELPA candidate applicant Niko Nawaikula.

Nawaikula made this comment while responding to a media report where a chief said that land ownership in Fiji was intact and safe and the truth was that the government has strengthen iTaukei rights not eroded them.

“The decrees that terminated the Great Council of Chiefs simultaneously took away control of native land, remove iTaukei representatives from the iTaukei Lands Trust Board, removed their names and took away management of mahogany and many tracts of native land under the land use decree,” he said.

“The 1997 Constitution in comparison to the 2013 Constitution finds the Great Council of Chiefs has been removed with all its powers and the entrenched provisions that guarantee government cannot interfere with land without the prior consent of the iTaukei.”

Section 28 (1) of the 2013 constitution says that the ownership of all iTaukei land shall remain with the customary owners f that land and iTaukei land shall not be permanently alienated whether by sale, grant, transfer or exchange except to the state in accordance with section 27.

Section 27 (2a) says that a written law may authorise compulsory acquisition of property when necessary for public purpose and (b) on the basis that the owner will be promptly paid the agreed compensation for the property or failing agreement, just and equitable compensation as determined by a court or tribunal after considering all relevant factors .

Section 28(2) says that any iTaukei land acquired by the State for public purpose after the commencement of this constitution under section 27 or under any written law shall revert to the customary owners if the land is no longer required by the State.

Nawaikula said what the chief (Vunivalu of Nakorovatu) said was the opposite of the truth in the 2013 constitution and the various land decrees issued by the government.

He said the media should stop taking advantage of the lack of knowledge and exposure of the iTaukei regarding their land.

By Vuniwaqa Bola-Bari

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32 thoughts on “i-Taukei land no longer safe: Nawaikula

  1. The regime is good with double speak. They strengthened landownership but added the provision of compulsory acquisition when required. So let the people decide for themselves…land owners that is

  2. Compulsory acquisition by a government that the people put in place is good for all.

  3. i TAUKEI are not aware. SODELPA make the i taukei aware about the land. Khayium must be be taken to task for his decree on the land. The stupid Bainimarma is only form 4 so what he knows about the land decree done by Khayium.

  4. Scaremongering tactics like this won’t help the I Taukei utilise their land . How can we develop our land when you say that it is not safe. Who will steal our land? This is the same guy who advised Qarikau to tell landowners not to renew leases. The land became bushland and no income for landowners. Niko keep your advise for your village and province.

  5. Never mind the land is bush or not developed, this is the I TAUKEI LAND given to our Ancestors from our Heavenly Father. FIJI ALREADY HAS A GOVERNMENT ITSELF FROM THE BEGINNING THAT’S THE GCC (BOSE LEVU VAKATURAGA) WHO THE ” KAIVEILECAYAKI” WANT TO DESTROY THE GCC AND OUR LAND? WATCH OUT GUYS!!!! Wat is the Politics doing to my beloved FIJI? When a person talk u should know who u ARE and wat u ARE!! COZ that is your !!! ID !!!. ” THE EYES ARE WATCHING “

  6. vinaka Niko
    entrenched legislation removed so that kaiyum can grab lands for indian and Chinese….
    once kai viti know the truth run guys run for the rampaging kai vitis will look for u saneem kaiyum etc etc

  7. Nawaikula is a racist Lawyer and thief,he is yet to answer to landowners in Vanualevu One Mataqali Vanualevu in Nasuva Macuata are still waiting as they have payed this thief $15 grand for his service as a lawyer on some logging issues but has failed to even come out with something in court and to even come back and explain what has happened to their case.This kind of individuals should be thrown to the sharks to feed on as payment to their incompetence.Ohhhhhh 15 thousand is big money for poor village people

  8. “The decrees that terminated the Great Council of Chiefs simultaneously took away control of native land”

    The fact is this imbecile nawaikula has his a-hole permanently plastered to his mouth for the GCC was never in control or in any way part of the NLTB, it was always controlled by the Minister of Fijian Affairs.

    Another fact while the natives may think they own the land in actuality they don’t because Arthur Gordon foresaw the thieving ways of man made chiefs who were suppose to represent the people, so he decided to keep in perpetuity the land under the control of Government.

  9. Look, in Fiji we don’t have oil reserves, our mining industry is a midget compared to Congo or Zimbabwe, our agriculture is dispersed and the Chinese fishing boats don’t have enough turnover make it worthwhile milking them. We have already milked the phone and power companies, but compared with people such as Robert Mugabe our leaders are poor like church mice. Now the only really big cash flow for us is a major land grab. This has been the plan from the very beginning and we are pleased that a large majority of the Taukies support Khaiyum’s party which will implement the great land reform with speed and efficiency. We will take away every single piece of land that is not fully used and even if it is used we take it because we will determine what use means.

  10. Sa rauta mada Niko . Your record for mismanagement at NLTB speaks volume . You never did anything good for the landowners during your time . NLTB at your time was on the verge of collapse . It was your legal advise that led to the Ballu Khan saga whereby $1.00 was invested for a million dollar project . You colluded with Qarikau whereby landowners were also very much affected . You keep your hands off because the landowners are now reaping the benefits of the reforms . Sa sega na ka e tukuni – then keep your dirty hands off TLTB

  11. Time will tell,truth will always speak out,FIJI had already accepted Christianity.weather we will still own this land or not,the principle of love from every Itaukei to everyone will be met favourably from the Almighty GOD.

    The intact of the Vanua is still there:its people,its customs and its land-TLTB/GCC or not

  12. If Aurthur Gordon’s policy was to keep in perpetuity government control over land, than it must have been brought from NZ where the Maoris are now landless. Thankfully the Fijians are not in the same position as for now.

  13. Anon.

    “FIJI had already accepted Christianity”

    Yaybe it was the biggest mistake to christianise the taukei’s why?

    Well in the good ole days of cannibalism there were no such thing as ownership infact worshiping the local gods did your ancestors good.

    Now that you have adopted the white mans god look whats happened to your people, everything bad from raping your daughters to your grandsons among other things thieving and sodomising your fellow brothers.

    Is that whats Fiji about?

  14. Saitoce.

    Fijians only ownership to land began in the 1970’s moreover what land does the native own?

    All native land (in name only) is at the behest of the Government.

  15. Your land is safe in our hands. The Rear Admiral has promised that he will not take it away. And he is a man of impeccable honesty and credibility. He promised:

    1. To remove racism and introduce equal opportunity. He has delivered: Today a muslim of Indian extraction rules Fiji.
    2. To uphold the 1997 constitutions and hold elections in 2009. Well he tried to deliver but Australia interfered.
    3. To end corruption in Fiji. He delivered. Today government operations in Fiji are totally transparent and no official corruption exists. We know that some pernicious diplomats in Suva see the Honourable Khaiyum as a corrupt sleaze bag, but they are mistaken.
    3. That no RFMF soldier would benefit from the coup. Well he surely has delivered on this one. What happened is that all these Colonels, Majors and Captains took on second and third posts in government and worked 20 hours each day without a single dollar more in pay.
    4. That no member of his government would be allowed to stand in elections. He delivered on this one, without a single doubt.
    5. That speech would be free and the election hold on a level playing field. He over-delivered on this one by strictly refraining from buying votes.

  16. Stop the bullshit Taukei deni pusi, Tu Sai kei kemuni na voli tu ga vei voreqe tamata kana lotos…
    Section 185 is removed so Taukei no longer in control but Parliament,,,,,why hide the truth???
    Dou yavu lasulasu setani!!

  17. Khaiyum’s states that ownership of iTaukei land rights is not a problem as it is enshrined in the Bill of Rights.

    Section 28 (Bill of Rights) is vague on processes on native land. Further he should note that native land can also be alienated under long -term leases.

    In any case, what are the effects of placing native land protection under the Bill of Rights? What is the impact on the Native Lands Act, the Native Lands Trust Act and the NLC? What is the effect of the Land Bank Decree? Does it have adequate measures to safeguard and protect native landowner interests and later generations?

    I also recall a decree issued by Mr Sayed-Khaiyum blocking all Deed of Cession claims.

    What is the effect of this on legitimate landowner claims?

    For example, the original Suva people moved to their current location to make way for public state use of their lands.

    Today, these lands are being used for real estate purposes at market rates deviating from the original purpose. Who will correct this on-going injustice?

    These questions need to be asked and addressed.

    Mr Sayed-Khaiyum seems to ignore the fact that section 185 of the 1997 Constitution no longer exists. Why was it removed? That section specifies that any changes to “entrenched legislation” thahis – Native Lands Act, Native Lands Trust Act, Fijians Affairs Act etc – must be approved by 9 of the 14 GCC (Bose Levu Vakaturaga) members of the Senate. The GCC members are nominated from the provinces and represent the native landowners of Fiji.

    By removing Section 185, Mr Sayed-Khaiyum’s government has effectively rendered we, the native landowners, powerless over our own land.

    This power, under the 2013 Constitution, now rests with the politicians in Parliament.

    All these changes were made without the consent of we, the native landowners, and as such are totally unacceptable.

    Worse, the changes were made by people we do not know or recognise. They were not made by the leaders we elected, nor were they made by our chiefs.

    I urge all native landowners to read the changes carefully yourselves, analyse, discuss, share the knowledge and make a stand.

    Mr Sayed-Khaiyum is not a native landowner, just another politician conducting just another political campaign.

  18. This illegal regime’s goal really is that the iTaukei’s will end up like the Maori’s – landless.

  19. The Cartoon with the fussy hairdo from Auckland is senile thus the incoherent ramblings. He loves the idiot running around in his birthday suit on my avatar.

  20. Vinaka Niko create awareness amongst the it taukei before the land is taken over.
    The problem is i taukei are bought for few dollars by the regime.
    Now chinese are taking all good land for commercial, residential and agriculture. This is a new trend. Chinese have taken over nothing the land next to garden city for nothing.Similarly all prime agricultural land is takeover over around Khalsa Road for cash cropping by chinese for nothing.They pay little money to the landowners.
    If i taukei vote for the regime they are finished.
    We need the GCC back.

  21. And all you suckers buy all the food the Chinese grow and help to make them rich.

    Just think, with a bit of a brain and some hard work you could have been rich as well.

  22. Baininamrama has committed treason with Khayium.
    Declare your salary!
    What assets both of you had before 2006 and after.
    Do you have bank account in Hong Kong and Swiss?
    Why the salary is processed by Nur Bano?
    Is it to hide the salary?
    Did Khayium sell his house at Berry Road which he bought in 2006 for $210,00 to Tappos for $850,000 in 2009?
    Kahyium did this before he introduced the capital gains tax!
    Do you own property at Naisoso?
    Why did FNPF allow Khayium to buy the house at 59 Vuncakecea Road ? Was this house on tender by FNPF.
    This was conflict of interest!
    Why was Rewa diary sold to CJ Patel subsidiary company?
    Rewa Diary was suppose to help the diary farmers.
    Diary is important industry and the government should always assist the diary farmers.
    Nur Bano was the consultant for Rewa Diary!
    Was she paid $500,000! Why tender was not called for this project?
    National debt now 7 billion.
    Why FBC CEO is Khayium’s brother? nepotism!
    Why 19 million was borrowed from FDB to finance FBC.
    Where was all the equipment for FBC bought from?
    Auditor’s report on FBC must be released to public on how and where was 19 million spend?
    Did the sub contractor of FBC do work as Raiz Khayium’s house in Namadi Heights.
    Why all government advertisement given to Fiji Sun – owned by C J Patel.
    Unemployement rate is at the highest. 12,000 school leavers are without job.
    Check this figures with the National Employment centre.
    The total people unemployed is around 24,000.
    Why minimum wages for workers is only $2 per hour while the illegal P.M. and illegal A.G earn over $1 million in salary?
    Influx of chinese!
    Chinese buying houses within the 10 k.m of the city and locals cannot even afford to buy houses.
    Chinese taking over small businesses managed by locals.
    Chinese are not bringing much money but doing cash business!
    Why prime land next to Garden city sold to chinese? How much did the chinese pay?
    Why tender was not called for this prime land?
    Nepotism is highest with Muslims everywhere holding top position in government and statutory bodies to act as spy for Khayium.
    Cost of living has gone up by 60% since 2006.
    Why P.S getting salary of over $200,000 while civil servants are low paid?
    Why prime land in Lautoka sold to Tappos?
    Chinese doing all poor quality road and kickback given to Bainimamra and Khayium.
    Why movie licence given to two individuals only who have no background in the film industry.Is it because Khayium gets commission from these two individuals when movies are made. These two have no experience or background to make movies. Just middle man!
    Why Qarase and Chaudhry were systematically removed to contest election as these two are elected P.M. and biggest threat to Bai/ Khayium.
    Diplomatic position to given to people whom they know rather then on merit!
    8 years of robbery , nepotism and illegal rule is not enough by Bai/ khayium.These two are power hungry. Power is money for these two. They must be removed.
    The people need a change as their is no accountability, transparency and good governance for the last 8 years!!!!

  23. I TAUKEI!!! Do you know BAI, KHAI AND NUR are making money from our FIJI.They are carrying the “BIG LASULASU” with them .We have to be care wat they planned for !!! We don’t have to be like the “Aborigenes” in Australia, the Maori’s in New Zealand and the “Negros in America.This is our Land and our ID and the Truth will set us free.

  24. Annon 7.41pm

    You have the power of the pen on 17 sept.

    We will know if majority support him or not.

    I expect 80% support for FF as that is the feedback get.

  25. Look, poor indigenous fijian don’t know their ORIGIN therefore, they are regarded as rare species. Come year 2030 this species will be wiped out by other varieties. In year 2029 only a few i-Taukeis will be left and by then they would have been converted into Muslim.

  26. Indigenous land – it’s entrenched provision or lack of protection in the constitution – this is one hot patato issue that could determine the outcome of the September elections. Niko and the the SDL have cleverly ignited it. If there is one issue that will finally begin to shake & stir the so far solid loyalty of Frank’s indeginous footmen in the Tikoitoga led FMF – it is I taukei land. As a damage limitation exercise Bainimarama has 2 options – he can either immediately bring back the entrenched provisions in the 1997 Constitution (which will include reinstating the GCC) or totally shut down public discussions (remove media freedom totally, outlaw political campaigns/meetings in rural Fiji & other places, bring back PER) before the masses of indigenous Fijians know the truth about their land under Bainimarama’s 2013 Constitution. My own view: frank should simply bring back the 1997 Constitution – indeginous Fijians will be happy and he can go on to win the September elections as the Fiji Sun has been constantly reminding us that FB is well ahead in the polls.

  27. Rua na tamata boci lasulasu qo o kisoko kei raturala sa qai tobo tiko nodrau lasu,,,,,,,o rau qo me rau luva wale qai rau lau vutu vei Moro kei Degei

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