Setting the record straight for Nawaikula

THE iTaukei Land Trust Board (“TLTB”) would like to clarify a number of issues and allegations levelled against TLTB by Member of Parliament Hon Niko Nawaikula through recent postings published on social media. At the outset TLTB does not condone nor endorse the nature or content of the postings published by Mr Nawaikula. It is at best information that, on its own lacks proper verification and is therefore without merit.

In a 7/11/20 post on Facebook, Mr Nawaikula makes reference to a Lau Provincial Council meeting that had taken place “two days ago” in which TLTB attended and made comments relating to iTaukei land. It ought to be clarified that there was no such meeting at the supposed date indicated by Mr Nawaikula; in fact this meeting had occurred in the course of 2019. In any event as the authority statutorily empowered to administer iTaukei land in the best interests of all iTaukei landowners, it is an integral and core component of TLTB’s function to advise, inform and create awareness on issues relating to iTaukei land administration. No doubt, TLTB will continue to advance these discussions with all iTaukei landowners and stakeholders through available platforms.

TLTB reiterates, for the benefit of all iTaukei landowners and the public at large, that iTaukei land ownership is secure and safe. This has always been the position of TLTB as disseminated in Provincial and Tikina meetings attended by TLTB management and officials including all consultations throughout Fiji for the last several years. It is not a new thing. Furthermore, land tenure and ownership have been secure and guaranteed over the years from 1940 to the present. As a responsible body corporate, it goes without saying that TLTB is duty bound to give this assurance to the itaukei people (and the general public) where allegations are made against TLTB through various social media platforms. TLTB reassures iTaukei landowners that it is and will remain concerned with all issues relating to administering iTaukei land.
Therefore TLTB would like to make the following comments:

1. The security and ownership of land tenure whether itaukei, state or freehold has been  guaranteed under all Fiji Constitutions i.e. in 1970, 1990, 1997 and 2013 Constitutions.

2. The 2013 constitution added a new safeguard regarding itaukei land ownership in that itaukei land cannot be altered or swapped.

3. iTaukei land cannot be sold outright or alienated but only to the State for government purposes such as roads, easements and the like pursuant to the compulsory acquisition authority allowed by law to the State, subject to payment of fair and equitable compensation. This has been the case since 1940 and ensuing constitutions and laws of the country to now. This is not new.

4. The ownership of all itaukei lands are registered under the iTaukei Lands Act 1905 and administered by the iTaukei Lands and Fisheries Commission (TLFC) which is still in existence and intact. TLTB must clarify that the determination and recording of ownership of itaukei land is statutorily vested with the TLFC under the iTaukei Lands Act 1905 and not with TLTB. TLTB’s functions are governed by the provisions of the iTaukei Land Trust Act 1940.

5. Furthermore, iTaukei membership of lands are registered in the Vola ni Kawa Bula which is maintained and administered by the TLFC which to this very day is still in existence and intact.

6. The Great Council of Chiefs was dissolved by government in 2012. Hence, representation on the Board of TLTB is by virtue of the provisions of the iTaukei Land Trust Act 1940 which is logical; there is no representation by the Great Council of Chiefs since this institution no longer exists. The members of the TLTB Board are well qualified and of standing in the itaukei community and the public. Five members represent the iTaukei landowners, three from the Provincial Councils and two appointed by the Minister of iTaukei Affairs.

7. The Chairman of TLTB, by law is the Minister of iTaukei Affairs. Currently the Prime Minster by virtue of being the Minister of iTaukei Affairs is the Chairman of TLTB. This is not new as previous Prime Ministers such as the late Ratu Sir Kamisese Mara, Mr Sitiveni Rabuka and the late Mr Laisenia Qarase were past Ministers of iTaukei Affairs and Chairman of the TLTB Board of Trustees.

8. TLTB must emphasise that there was never an amendment to the iTaukei Land Trust Act 1940 to remove free and prior consent from the iTaukei landowners. This simply is not factual. Section 4 of the iTaukei Land Trust Act 1940 gives the authority and power to TLTB to administer all iTaukei land and must act in the best interest of iTaukei landowners. Section 8 gives the Board the power to lease itaukei land. The law only mandates consent to be obtained on leasing of itaukei-reserved land under Section 17. TLTB consults the iTaukei landowners prior to leasing their land which can happen over a span of more than two meetings as the situation necessitates. This has always been the process and continues to be observed by TLTB.

9. iTaukei land is increasing due to the reversion of Crown Schedule A and B lands that commenced in 2002 and continues to the present day. A total of 145,754 hectares of land has been reverted and allocated as itaukei land to the new owners and 2% of such land remains to be processed.

Mr Nawaikula has commented that TLTB’s current financial records are no measure for its performances and his time at TLTB was the finest hour. In consideration of this statement TLTB would like to make the following comments:

• Compared to current corporate governance structures, funds were loaned out to landowners without due process during his time and security of recovery. This was stopped by the Board in 2011.
• There was mass reversion of expired leases of land without proper and sustainable support that almost brought the sugar industry to its knees. Rent arrears were high and income generated for the landowners low.
• There was poor and sub-standard working tools for the staff and systematic processes on data integrity were lacking.

This is no longer the case as TLTB has invested time and resources to strengthen and implement strong corporate governance structures across all facets of its operations. TLTB has spent most of its time in the last several years and still is, cleaning the legacies of past mismanagement.
A quick synopsis of TLTB’s current operational portfolio is as follows.

1. It now manages 47,034 leases compared to 33,394 in 2006.
2. It now collects and distributes over $100 million compared to $37million in 2006.
3. It now has eleven offices compared to the five offices during Mr Nawaikula’s time. It has invested in and set up a Landowners Affairs Unit to specifically look at iTaukei landowner issues, empowering them through consultations and financial literacy, profiling each land owning unit and capitalising their assets. These initiatives were not part of TLTB’s operations during the time of Mr Nawaikula’s tenure with TLTB.
4. More iTaukei are now leasing their own land compared to past years, including iTaukei women.
5. iTaukei land owners are now financially assisted through seed fund grants to support their businesses and many are quite successful.
6. More iTaukei landowners are doing very well in terms of land developments by subdividing developed lots and some have acquired properties in urban centres.
7. Now more than ever, individual iTaukei landowners are empowered through equal distributions of lease monies and landowners still have facility for mataqali development/ business projects under assignments.
8. It has facilitated over $75 million from government under the CBUL rent subsidy since 2008 and distributed to the landowners to address the inequitable return on agricultural leases from ALTA.
9. The landowners will now receive 20% of sales of any leases in the first 10 years and 10% of any sales thereafter. Again this was not realised during Mr Nawaikula’s tenure with TLTB.

TLTB is fully aware of the cases that Mr Nawaikula has involved himself with on the premise of supporting iTaukei landowners’ best interests. While we appreciate that he is entitled to represent clientele who acquire his services, TLTB is concerned whether the landowners best interests are in fact and predominantly the guiding line to addressing the supposed complaints raised by iTaukei landowners. In a 23/10/20 posting published on Facebook, Mr Nawaikula makes reference to a number of court cases where he represents iTaukei landowners against TLTB. It must be clarified that these cases are currently before the Courts which have not been decided as yet. Ultimately and as Mr Nawaikula is aware, these cases will need to be determined by the Courts as they see fit.

TLTB reiterates and reassures all iTaukei landowners that all iTaukei land is safe and secure. TLTB remains committed and will continue to administer iTaukei land in the best interest of the iTaukei landowners. We urge the public not to be swayed by misinformation published on social media platforms and to instead verify such information by contacting your nearest TLTB office.