Strike out application hearing on Nawaikula’s constitutional redress case on Bill 17 next month

Strike out application hearing on Nawaikula’s constitutional redress case on Bill 17 next month

By Semi Turaga
Wednesday 03/11/2021
SODELPA MP Niko Nawaikula and his lawyer Sevuloni Valenitabua Senior

The three lawyers in the constitutional redress case filed by SODELPA MP Niko Nawaikula regarding the iTaukei Land Trust Amendment Act or Bill 17 have been directed by Chief Justice Kamal Kumar to file submissions on a strike out application made by the Attorney General’s Chambers.

Nawaikula has taken the Government, the Attorney General and the iTaukei Land Trust Board to court.

The SODELPA MP is represented by Sevuloni Valenitabua Senior, the Attorney General’s Chambers is represented by Nazia Ali and the iTaukei Land Trust Board is represented by in-house counsel.

Chief Justice Kumar has directed that the application to strike out be heard expeditiously.

It was heard in court that the Attorney General’s Chambers had made the application to strike out based on there being no reason for the course of action.

Nawaikula is suing the defendants on his own behalf and, in a representative capacity, on behalf of members of his mataqali as owners of iTaukei land.

He claims that their respective rights as landowners of iTaukei land were breached when they were not consulted by the Government and the iTLTB before Bill 17 was put before Parliament and later passed as a law for Fiji.

Nawaikula claims that provisions of the 2013 Constitution, the iTaukei Land Trust Act 1940 and the International Labour Organisation Convention No. 169 were breached.

The hearing for the strike out application will take place on 3rd December 2021 at 2.30pm.

Turaga says SG’s Chambers, Law Reform Comm and Ministry will work with FEO to undertake review of electoral process
Minister for Justice, Siromi Turaga stresses that the Office of the Solicitor General’s Chambers, the Fiji Law Reform Commission and the Ministry of...
3 hours ago
Top international entertainers MR.MR. and Piva to perform at Fiji Showcase
Top international entertainers, MR.MR. and Rogerio Piva are coming to Fiji Showcase 2024. Event Coordinator for Total Event Company, Mahjabeen ...
3 hours ago

78 homeowners’ applications approved for Fiji's Termite Control Subsidy Programme
78 applications have been assessed and confirmed that they meet the criteria for the Control Assistance Programme by Fiji's Termites ...
3 hours ago

SPBD opens 10th branch in Nausori
Going down to Suva to do payments, fill in forms and applications will be a thing of the past for members of the South Pacific Business Development ...
3 hours ago

Protecting our waters against trans-national organised crime is a challenge – PM
Fiji faces the challenge of protecting our waters against trans-national organised crime and through the combined efforts of our border agencies ...
7 hours ago

I was horrified to hear the PM say it’s only $8.1M - Fong
President of the Organizations for People Living with Disabilities, Elizabeth Fong says she was horrified to hear Prime Minister, Sitiveni Rabuka say ...
7 hours ago

fijivillage Straight Talk with Vijay Narayan
Latest Videos

Stay tuned for the latest news on our radio stations

CFL radio frequencies
RFNS Puamau submergence on Fulaga Reef
No timeline has been given on how long the salvage operations for the RFNS Puamau will take as the Fiji Navy has started the de-fuelling process in Fulaga in a bid to safely salvage the vessel from the reef.
5 days ago

Crisis within FijiFirst relating to the termination of 17 MPs who voted for salary increases
A crisis has erupted within the FijiFirst party relating to the termination of 17 members of parliament who supported the government's motion to ...
10 days ago

Pre-Budget 2024-2025
Pre Budget 2024-2025 budget recommendations and an insight of what people on the ground wish to see in the National Budget
12 days ago