Mollyn Nakabea 
[Photo: FILE]
The iTaukei Land Trust Board is calling for the repeal of Section 29 (5), which states that all land that existed before the commencement of the 2013 constitution shall remain freehold land even if it is sold or purchased, unless it is acquired by the state for a public purpose.
In the board’s submissions to the Constitution Review Commission, TLTB Chief Executive Solomone Nata said the provision prevents iTaukei land from being restored to its original status
“This provision frustrates legitimate land reversal efforts and prevents some iTaukei land from being restored to their original status.”
Nata says that their proposal specifically refers to land under the state that was unfairly purchased from the original owners.
“What we are saying, land that was not purchased properly is the land that we are after. Land that was purchased properly; we don’t have any issue with it.”
Constitution Review Commissioner Neelesh Goundar says that balancing the provision between the power it gives the Government and, the rights of the landowners will be a difficult act.
“We have to be very careful in terms of not creating the expropriation risk from the government. Because expropriation risk can be a really serious economic risk and can have a huge impact on economic development and achieve economic outcomes.”
Nata says that action needs to be taken either through proper compensation or by means of returning the land. He adds that in this matter, the constitution should address injustices and unfair dealings.
