Ruling on whether the Civil High Court of Suva will strike out a constitutional redress application filed by Niko Nawaikula will be delivered by the Chief Justice on notice.

The SODELPA Member of Parliament has filed a constitutional redress proceeding in the High Court of Fiji regarding the recent amendment law passed in Parliament regarding Bill 17.

The matter was called at the Civil High Court in Suva before the Chief Justice, Kamal Kumar.

The defendants in the proceeding are the Government, the Attorney-General, and the iTaukei Lands Trust Board (iTLTB).

Mr 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.

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

He also claims that provisions of the 2013 Constitution, the iTaukei Lands Trust Act 1940, and the International Labour Organisation Convention No. 169 (“ILOC 169”) were breached.

Fiji ratified the ILOC 169 on March 3, 1989.

He is seeking a declaration that the Act and Bill 17 to be invalid and that it was unlawful, unconstitutional and a breach of landowners’ constitutional rights.
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