High Court Judge Justice Mohammed Mackie has ruled that the iTaukei Lands and Fisheries Commission’s declaration designating Ratu Vuniyani Navuniuci as the rightful holder of the title of Tui Nadi was irregular, void, and of no effect. This judgement was delivered on Tuesday in Lautoka, marking a significant legal development in relation to land rights in Fiji.
The decision stems from an Amended Notice of Motion filed by Ratu Asiveni Dawai on March 10, 2023. Justice Mackie stated that the previous rulings by both the iTaukei Lands Appeals Tribunal from June 1, 2018, and the TLFC dated December 5, 2017, which declared Ratu Vuniyani Navuniuci the rightful Tui Nadi, were deemed unreasonable and unlawful. Furthermore, Justice Mackie highlighted that the Tribunal acted in bad faith during its proceedings, which were detrimental to Ratu Asiveni Dawai.
Importantly, the Judge noted that this decision came despite an existing court order from May 12, 2005, which explicitly restrained the TLFC from inquiring into the rightful holder of the Tui Nadi title. This ruling reinforces ongoing discussions surrounding land rights, particularly within the iTaukei community, similar to cases involving ancestral lands, like those raised by the Nauluvatu clan in Suva.
The persistent issues surrounding land ownership and rights have historical roots in Fiji’s colonial past, as shown in various court cases that reflect ongoing struggles for indigenous rights and recognition. The recent ruling by Justice Mackie could serve to support indigenous land claims, potentially leading to improved future outcomes for affected communities.
This legal victory signifies hope for individuals and clans within Fiji battling for their land rights, showcasing the impact of judicial scrutiny in resolving longstanding disputes over ancestral territories.
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