Charitable Trusts Act amended

A new law has now come into effect which gives powers to the Minister responsible under the Charitable Trusts Act to revoke the appointments of trustees, board members or other office bearers of any charitable trust which is established with or is provided with government assistance.

The Charitable Trusts Amendment Decree states that the Minister responsible can take this action if the charitable trust is not functioning or has become dissolved, is not by reason of the state of its affairs able to function properly or is failing to achieve its objects or is acting contrary to its objects.

The decree further gives the powers to the Minister to appoint an interim board of trustees for the charitable trust who shall hold office and perform all the functions and exercise all the powers until the next annual general meeting.

It is also clearly stated that any decision by the Minister under the decree shall not be challenged in any court of law or tribunal.

One of the charitable trusts that is not functioning at the moment is the Fiji Cancer Society.

We are now trying to speak to Attorney General Aiyaz Sayed-Khaiyum on the issue.

He had earlier said that Acting Solicitor General Sharvada Sharma was trying to find a legal solution in relation to the Fiji Cancer Society situation which has reached a deadlock as funds for cancer patients remain frozen.

Sayed-Khaiyum had told Fijivillage that a number of complaint letters have been written about the Fiji Cancer Society situation and some complaints have also gone to the Prime Minister’s Office.
 
Interim President of the Cancer Society Doctor Tukaha Mua and his board have been locked out of the Cancer Society office due to differences between the society officials.

They do not have access to any of the records kept in the office and cannot move ahead to organize meetings and sort out matters to ensure that almost $900,000 which is frozen at the bank is opened up to assist cancer patients.

Almost half a million dollars of those funds was collected through the “Walk On Walk Strong” campaign to assist children living with cancer.

According to the audited accounts provided by the “Walk On Walk Strong” committee, the funds are intact, however, they cannot access it as it is kept in a Cancer Society account which has joint signatories from the Fiji Cancer Society and WOWS.
 
Many of the children who were awaiting assistance have passed away and a number of cancer patients have also passed on or have been without any assistance due to these unresolved issues.

When contacted today, Doctor Tukaha Mua said they are still looking for a solution.