Home » Uncategorized » Why does the Land Use Decree have Section 15 (1)?

Why does the Land Use Decree have Section 15 (1)?

Bainimarama and his A-G  keep telling iTaukei voters they have provided the strongest guarantees yet for their rights as traditional landowners. 
 Anyone who understands the issues knows that this is a lie. Mataqali cannot be deprived of ownership of their land but they can be deprived of all rights that are supposed to go with ownership.  Under the Land Use Decree Bainimarama can order “arrangements” that lease the land for up to 99 years to anyone Bainimarama chooses and on terms and conditions which are left entirely to him.  The rent, the length of the lease and all other provisions are left to Bainimarama if he is PM.
And if landowners think that any decision made by Bainimarama ignores any of their rights under the Constitution, they are blocked from taking their complaint to a court to have justice. Section 15(1) of the Land Use Decree  of 2010 lays down that no court or any other tribunal can question the decisions made by the PM under the Land Use Decree.
If anyone tries to go the court to appeal a decision the Chief Registrar is required to block it.  They don’t even need to rely on the case being allocated to the one of their tame judges. 
Landowners must demand an answer to this question: how can the constitution protect landowners if they cannot take their claims to a court? 
Up to now we haven’t seen the unrestricted power of the Land Use Act used and the reason is not hard to understand. If he uses these powers this side of an election he will certainly lose the iTaukei vote. If he waits until after the election and retains his grip on power he will hope to be able to bully landowners into accepting his power. With landowners at his mercy, he will have the country by the throat.
The Land Use Decree is not easy for the non-lawyer to follow.  It talks about arrangements, not leases, but it leaves everythng in the hands of a dictator.  The one question to ask Bainimarama when he campaigns in your area is: what is Section 15 (1) of the Land Use Decree for?  Ask him to say plainly what it means.  Why are iTaukei landowners denied the right to appeal to a court if they do not think a decision under the Land Use act is fair? 
If the Government wants to acquire freehold land owned by, say, AS-K, the Constitution says he has to be given just  compensation. If he thinks the compensation is not just he can ask a court to look at how the decision was made and change the level of compensation. If iTaukei land is acquired under the Land Use Decree the owners are barred from going to court.
How can we have common and equal citizenry when one groups of the citizens is denied access to courts to protect their rights? 

22 thoughts on “Why does the Land Use Decree have Section 15 (1)?

  1. Thank you. You raise a very importatnt point the Taukeis must thoroughly understand and as you suggested they must make sure many people attending his campaign meetings ask BhaiI THE QUESTIONS YOU SUGGESTED AND MUST INSIST HE PROVIDES ANSWERES THE PEOPLE UNDERSTAND

  2. That’s because there is too much paragrass on the native land , no one is taking your land , land cannot be taken , only by sale or act of invasion. Read between that lines and see what it means , another manipulation by fools of bullshit society .

  3. “Fiji Born,” your pseudonym suggests you originate from an immigrant ancestor…and this comes out in the slant of your statement. You are, by your statement ignorant of the decrees put in place by the illegal Govt covering control, authority to lease, conditions of such lease including length of lease level of rents and legal options on part of Taukei land owners to access legal redress for unfair conditions of rent given out…most authorities required for such leases and setting lease conditions are in the hands of the the Prime Minister.

    Given the demonstrated determination of the illegal PM to date to strip off most of the rights, custom, culture, and religion of the Taukeis this current illegal PM is bound to take interests of land owners very lightly if at all, on matters related to Taukei lands..

    Freehold land owners are allowed legal rights to take to court complaints against unfair treatment in issues related to their property. This is blatant discrimination against Taukeis.

    Whether Taukei lands are under paragrass or bush…is their rights to decide and not yours , your relatives’ or you community’s. You do not understand that Taukeis may have their land mostly under bush or Paragrass as you state but they are subsisting and earning income from such land via agriculture which may not be on typical commercial scale as Indians have on sugarcane lands or dairy farms.

    Please do not stir or stoke further Taukei’s negativity against your type in our country where we are trying to reduce Taukei’s prejudice and stereotyping against immigrant communities.

  4. The Taukies can relax, in the hands of the Honourable Khaiyum their land is safe. The provision in the Land Use Decree that Taukie claims cannot be taken to a court is just a little safety measure that protects us against frivolous claims that may end up with a judge that we cannot fully control. Although this is unlikely, we always make sure that everything is safe and sound for us. As far as Taukie land is concerned, we have long term plans. Chinese investors are hungry for agricultural land and the 99 years leases we will give them attract considerable facilitation fees charged by my company. We throw a few crumbs to the peasants who are too lazy to use their land anyway, and take the lion’s share of the deal.

  5. We should be grateful to have a Prime Minister who helps us managing our land. Lets face it we are not ready yet to make complex decisions on land use ourselves. Our PM with legal assistance from the great AG has devised a safe scheme that allows him to sign 99 years lease contracts without even consulting with the landowners. And yes, the PM’s decision cannot be challenged and this a good thing. Greedy landowners would otherwise come forward in troves and make all sorts of claims. I am sure we can trust our great leaders that they only do what is best for us!

  6. Where are all the nationalists and i taukei. They had marched when Chaudhry was the P.M.
    This the worst situation of land grab by Khayium. The number of chinese coming and taking over agriculture land to do cash cropping is of concern. These chinese are paying small amount of money to the land owners as these chinese are bribing to take agricultural land for cash cropping.
    The interesting thing is that they are not declaring the ACTUAL CASH these chinese are earning from CASH CROPPING compared to the Indians who are sugarcane farmers.
    In this way they are making large amounts of money and not even declaring it to FRCA.
    The i taukei must stand up now otherwise it will be too late.

  7. @Anonymous above

    Just think if the i taukei were using the land to do the same as the Chinese are no one would complain would they. They would also be making the big money you suggest the Chinese are and would also have the chance to take advantage of the ‘cash’ aspect.

    So let’s think about who is eating the food they grow, oh yes it’s you guys.

    Now don’t you feel inferior and look stupid as if you had got off your ass and spent your time working you could be doing the same rather about whining and expecting handouts to live on.

  8. @Reality
    You have a strong point here: The indolent Fijian peasants want kerekere, handouts, unearned income. They scream that the AG is taking their land while at the same time they refuse to make good use of it. Thanks god we have now an AG who is a courageous leader and has the guts to kick the Taukei’s lazy arses.

  9. @Reality
    The land has been stolen from the i taukei for nothing and given to the chinese for nothing . The i takuei have been robbed of what rightly belongs to them. The land next to Garden city in Raiwai has been given to the chinese for nothing by Khayium. This land is worth millions of dollars. This is land grab of the i taukei land whether it is for commercial or agriculture.
    This is what has been happening since 2006 where land has been taken and given to the chinese. No wonder their has been an influx of the chinese in the country with no check and balances. i taukei are not lazy as you have a prejudice against the i taukeis.
    Chinese are paying bribes to people like Khayium and taking their land for peanuts.The land at Raiwai is just one example of the many that has been given to the chinese for nothing but in reality large sums of money are exchanged by the corrupt and illegal A.G. Khayium.

  10. It is big scam to allow chinese in the country. The chinese government do not allow chinese to take out money from china then how the chinese are getting the money the money in the country which Khayium must answer.
    This is all illegal operation at it’s best in the country since 2006. Chinese are involved in money laundering , prostitution, drugs with only a few being highlighted. These chinese have taken over small businesses from locals just see around Suva city. They are under valuing items from china and making cash money without paying the right taxes while the locals are black mailed by FRCA to pay taxes.
    All these will be exposed when the illegal regime is removed. For this reason their is a fear for Khayium to hold on to power.

  11. @Anonymous 11:51 AM

    You reply to my post but conveniently do not refer to what I have written but rant on about a specific piece of land with a number of accusations that it’s very unlikely you can substantiate.

    You assume I have a prejudice against i taukei because I raise the view as to why they have not or can not do what the Chinese have been accused of, I have no prejudice. What I do have is valid question as to why the i taukei have not made use of these resources they have and own when it comes to something as basic as growing crops.

    If the i taukei were managing and growing the crops there would simply be no market for foreigners to come in and do that.

    If the i taukei were managing and operating the small businesses there would simply be no market for foreigners to come in and do that.

    If you are so against the Chinese operating businesses here, whether farming, shops or massage parlours don’t use them, they will soon go out of business. But they won’t go out of business because YOU want these commodities and services.

  12. Reality
    Do not worry give few years the same thing will happen to chinese as it happened in Tonga, Solomon Islands, PNG.
    The chinese have simply bribed and change the rules of the game and entered the country.People like you have not vision.

  13. The Fijians have already more complex problems. Now with the arrival of chinese in large numbers will contribute to further problems.

  14. i taukei can survive without the chinese and their goods and services.Why the chinese are flocking into the the country. This is scam which people will know when the time is right!!

  15. Under Khaiyum’s illegal Land Use Decree the illegal AG of the day has supreme power to do whatever he/she thinks is good for the economy or their pocket. They can ignore the needs and wishes of the landowners. They could even offer up land to investors and friends at very low or at no rent at all. There is nothing the landowners can legally do about it. They have no say in the matter.The Land use decree is out right land theft.

  16. Asian national found in possession of illicit drugs
    Thursday, 03/07/2014

    An Asian national is currently in police custody after he was found in possession of illicit drugs at the Nadi International Airport yesterday.

    Police say the suspect’s bag was x-rayed at the airport.

    Customs officers then found white-brownish powder in a box.

    The powder was tested at the airport which was confirmed that it is methamphetamine.

    Charges are yet to be laid against the suspect as police investigations continue.

    Story by Swastika Singh and Ronal Deo

    Reality read this just came on the news.This is what the chinese are doing. Their is big time drug, gambling, prostitution etc around the country by these chinese. They are on the pretext of supplying goods and services and not forgetting the chinese cabbage!!

  17. @Anonymous 2:43 PM

    And last week we read that two Fijians were caught doing the same?

    Don’t read me wrong, I am as much against the bad influence that has come in with the Chinese influx as you and many others are, I hate to see it here, Fiji does not want or need it.

    The fact is that in such areas as agriculture of which they do perform well at Fijians should have already been doing this.

  18. These are not complex problems for land owners- use it or lose it- otherwise fiji will always be poor and third world- we do not want this- the coups from 1987 have kept us all back- we all need to get out of this impasse

    what is it that land owners aspire to for you and family and kids next 5-10yrs??

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