MEDIA STATEMENT – GFIL LEASE IS OUTSIDE ITAUKEI RESERVE OF THE MATAQALI VICO LAND

The iTaukei Land Trust Board (TLTB) wishes to reaffirm its position regarding the recent social media video posts—often initiated by Mr. Jiutasa Bilavucu on Facebook—concerning the Goodman Fielder International (Fiji) Pte Ltd (GFIL) lease at Vunivaivai, Nakelo, Tailevu.

We hereby wish to categorically refutes the claims made by Mr. Bilavucu on social media, which are inaccurate, misleading, and potentially defamatory.

Mr. Bilavucu has made a series of allegations, including the assertion that the land leased to GFIL is iTaukei reserve land, and that TLTB acted unlawfully in granting the lease. These claims are false and misrepresent the facts.

At a sitting of the Reserves Commission held at Nauluvatu, Nakelo in the 1950s, Mataqali Vico submitted claim RC 65, requesting that the entire 40 acres be set aside as iTaukei reserve. After considering the submissions, the Reserves Commissioner recommended that an area of 22 acres out of the total 40 acres requested be set aside as iTaukei reserve for Mataqali Vico. The balance area of 18 acres was not set aside as iTaukei reserve as it was already leased out under the Garnett Dairy lease.

When the Garnett lease expired in 1955, three new leases were issued for 30 years each to Vunivaivai Dairy Company, Badri Narayan and Ram Parag, and were statutorily extended for 20 years. There were no issues raised by landowners then.

GFIL applied for a lease in 2003 and after a series of consultations with Mataqali Vico, Namara, Vunikavika, and Vutuvo, a new lease was issued over 32.9837 hactares after payment of premium. All the mataqali received payments from premium and rent from then till now.

In 2011, Mataqali Vico with Mataqali Namara filed legal proceedings in the High Court challenging the issuance by the Board of a lease to GFIL (HBC 222/2011 Ratabua v iTaukei Land Trust Board). Mataqali Vico alleged that there were no consultations or consent of the Mataqali when the GFIL lease was issued. The Mataqali sought an order for damages for TLTB’s alleged breach of its duty as trustee. The Court dismissed the case, ruling that TLTB has the discretion to lease iTaukei land in the best interests of the landowners. The Court found that TLTB conducted extensive consultations with the Mataqali Vico and further determined that the land under the GFIL lease does not fall within the iTaukei reserve of the Mataqali Vico.

Therefore, the lease entered into by TLTB and GFIL on 20 June 2003 was valid, as the Garnett Dairy lease was already in existence when the Mataqali Vico, Namara, Nabua, Vunikavika and Vutuvo submitted their application for the reservation of the land.

The map that Mr Bilavucu is posting on his Facebook is the iTaukei Land & Fisheries Commission (TLFC) survey plan that was re-surveyed by the Surveyor General and signed on 30 November 2023 as SO 10956. It merely redefines and confirms the mataqali land boundaries for Lot 95, Mataqali Vico and Lot 96, Mataqali Namara on Map M3/2.

The reserve portion is an encumbrance registered in 1950 as Reserve Claim 65 over Mataqali Vico over 24 acres. The reservation also applies to Mataqali Namara, Mataqali Vutuvo, Mataqali Vunikavika and Mataqali Nabua with variable areas affected.

TLTB maintains its position—supported by documentary evidence and reaffirmed by the High Court—that the land leased to GFIL is not a reserved land. TLTB has also responded and met with the Mataqali Vico, including Mr. Bilavucu, to clarify its position and to confirm that the lease issued was proper.

As demanded by Mr Bilavucu, a meeting was held yesterday with Deputy Solicitor General, Surveyor General, TLFC’s senior surveyor, TLTB with their representatives, Mr Bilavucu and Roko Manu, where it reaffirmed the status of the land for the two mataqali, its reserve status and the lease issued to GFIL.