Hussein backs landowners’ call for control and fair lease returns

Landowners are demanding significant reforms to Fiji’s land lease system, calling for greater control over their land and fair financial returns, according to lawyer and former banker Marica Hussein.

Speaking at a consultation at Suva Civic Centre, Hussein says the landowners strongly believe that when a 99-year lease expires, the government and the iTaukei Land Trust Board must return to the landowners to seek their permission before any renewal takes place.

She says automatic lease renewals, carried out without landowners’ knowledge or consent, are unfair and undermine their rights.

Hussein explains that landowners feel they have not received a proper return on their investment over many decades.

She says despite land generating wealth, many landowning communities remain poor.

She says this reflects a failure by the government to adequately empower landowners to manage their finances and benefit economically from their resources.

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She also raises concerns about how leases are currently structured, pointing out that most are registered under a single individual.

When that person dies, leases often become inactive because transfer documents were not completed, even when family members are ready and willing to continue working the land.

Hussein recommends legal reforms to allow dual or joint leaseholding, such as leases being held by a father and son or a husband and wife.

She says this would ensure continuity, prevent idle land, and protect productivity for the benefit of both leaseholders and landowners.

Another issue highlighted was the treatment of default rent owed by deceased leaseholders.

Hussein questions why heirs are required to settle old debts before a lease can be transferred, especially when banks routinely write off loans of deceased clients.

She says forcing heirs to pay these debts discourages land use and leads to lost income for landowners.

She recommends that the ITLTB write off bad debts and default rent, allowing new leaseholders to work the land and restore lease payments.

Hussein says idle land benefits no one, while active leases generate income for landowners.

She also stresses that ITLTB has a fiduciary duty to educate landowners about the full economic potential of their land.

Hussein says greater awareness and guidance would allow landowners to make informed decisions and achieve fair returns on their investment.

Meanwhile, Land Commissioner Dr Joeli Varo says the government has concluded its nationwide public consultations on the review of the Land Use Act, with strong feedback highlighting the need for greater awareness, faster development processes, and stronger empowerment of landowning units.

Speaking after the consultation, Dr Varo says the discussions were productive and engaging, successfully capturing the views and recommendations of landowners across the country.

He says the review process is aimed at revisiting the current Act, addressing misconceptions, and strengthening its role in facilitating land development.

Dr Varo emphasizes that the Land Use Act does not affect land ownership, which is firmly protected under the Constitution.

He says the Act focuses solely on land development and cannot convert or alter ownership rights.

According to Dr Varo, misinformation in the past created unnecessary fear among landowners, discouraging participation and collaboration.

He adds that one of the biggest challenges we have identified is the lack of awareness to the provincial, district, village, and landowning unit.

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He adds that awareness efforts should also extend to schools, including primary schools, so young people understand land laws and development frameworks from an early age.

Highlighting the benefits of the Land Use Act, Dr Varo says it enables landowning units that lack capital to begin development, with government support including free surveys, valuations, and evaluations.

The Act also promotes partnerships between landowners, investors, and the government, and allows educated landowners to develop and lease their own land through structured arrangements.

He confirms that consultations have been held across Viti Levu and Vanua Levu, including cities, towns, interior areas, and villages.

While the public consultation phase has now concluded, Dr Varo says further targeted stakeholder consultations will follow, including discussions with the iTaukei Land Trust Board.

Looking ahead, Dr Varo says the next step is the preparation of a draft bill, which will be sent for legal review by the Solicitor-General before being tabled in Parliament for debate.

Among the key proposed improvements to the Act, Dr Varo highlights plans to establish a dedicated land development unit comprising surveyors, engineers, architects, valuers, and land-use planners.

He says this would streamline development processes and reduce delays.

He also acknowledges concerns about the lengthy timeframes for lease approvals, saying the review aims to shorten lease application and development timelines to encourage investment on iTaukei land alongside freehold and state land.

Dr Varo adds that stronger master planning and feasibility studies are needed to unlock the full economic potential of land for the benefit of landowners, noting that while TLTB is undertaking master planning, further support and improvement are required.

He says the review of the Land Use Act is intended to ensure landowning units are empowered, informed, and able to participate meaningfully in development, while safeguarding ownership rights under the Constitution.

Hussein concludes by urging policymakers to amend existing laws and policies to ensure landowners are treated fairly and are fully empowered partners in Fiji’s land economy.