Section 12 of the iTaukei Land Trust Act 1940, covers a very critical area in the governing of native land, in that it requires the consent of the Board for any dealings related with the lease given to tenants.

What the FijiFirst Government is seeking to insert a new subsection (1A) in the iTaukei Land Trust Act which will amend the law consequentially not requiring the consent of the Board for any mortgage, charge, pledge, caveat or for any such lease to be dealt with by any court of law or under the process of any court of law.

There move the Fijian Government will significantly reduce in the power of the TLTB; erode the guardianship role of TLTB and in effect, weaken the power of landowners to have their rights, interests, and wishes protected by the Board once their land has been leased out by TLTB.

Additionally, there is a new subsection 3 which further reduces TLTB’s discretion or the landowners’ rights, interests, and wishes.

Basically, once the tenants take the lease, then, so long as the tenant is not in breach of any law, the tenant can effectively do most, if not all, the things that a commercial lessee (and indeed a non-commercial lessee) wishes without having to consider, through TLTB’s discretion, any rights, interests, or wishes of the landowners.

The original intent of the Act, a tripartite forum of lessee, landowner, and the guardian TLTB of mutuality, respect and transparency is now being watered down by the FijiFirst Government under the guise of present predicaments we all face as a nation.

Bill No. 17 of 2021 represents a very significant change to the administration and control of the use of the Native Land and the protection of the rights and interests of the native landowners.

It should not be tagged to the budget as a consequential bill under the infamous Standing Order 51, and at a time we are barely coping with COVID-19.

This amendment is an act of bad faith and should be condemned.

In no uncertain term, the Prime Minister Voreqe Bainimarama as Chairman of the TLTB, must personally see to the withdrawal of the Bill in his role as the guardian of landowner’s interest and as leader of Government.

He cannot sit back and watch the Attorney-General water down indigenous rights on his watch as both the Prime Minister and Chairman of TLTB.