SODELPA MP Niko Nawaikula had filed proceedings in the High Court against the State, the Attorney-General, and the iTaukei Lands Trust Board.

A hearing is underway on an application to strike out a constitutional redress case against amendments to the iTaukei Land Trust Act or Bill 17 which was passed in parliament in August.

SODELPA MP Niko Nawaikula had filed proceedings in the High Court against the State, the Attorney-General, and the iTaukei Lands Trust Board.

The defendants then applied to have the matter struck out.

Attorney-General Aiyaz Sayed-Khaiyum’s lawyer Devanesh Sharma says constitutional redress is limited and can only be allowed in special circumstances such as a breach of the Bill of Rights.

Sharma argues that Nawaikula is challenging the enactment of a law, which cannot be done through constitutional redress, and that the MP has not specified the breaches in his motion.

He also says the government is an administrative arm of the State and does not enact laws as this is done by parliament and later assented to by the President before coming into effect.

Nawaikula is suing the defendants on his behalf and, in a representative capacity, on behalf of members of his Mataqali as owners of itaukei lands.

The MP claims that their respective rights as landowners were breached when they were not consulted by the government and the iTLTB before Bill 17 was put before Parliament and later passed.

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