The Legal Practitioners Unit has been given time to advise the Independent Legal Service Commission on a law.

The issue is whether there is a law that 60 per cent of mataqali members have to give the approval to facilitate the formation of a deed.

It is in relation to the case of former lawyer Niko Nawaikula charged by the Legal Practitioners Unit with professional misconduct.

It is alleged that Nawaikula did not obtain the necessary approval from the members of the mataqali (clan) Nabukebuke in Namosi in order to facilitate the formation of the trust deed dated May 6, 2009.

It is alleged that by not seeking the approval of the clan represented a substantial failure on his part to reach or maintain a reasonable standard of competence and diligence in this matter.

Nawaikula’s case was called before Commissioner Justice  Kulatunga Mudiyanselage Gihan Himanshu Kulatunga at
the Independent Legal Service Commission on Thursday.

Nawaikula’s presence was excused as he was in Parliament but was represented by lawyer Sevuloni Valenitabua.

The context of the current charge against Nawaikula is that he prepared a mataqali trust deed for the conduct of affairs of the mataqali and for the disbursement of trust monies received from iTaukei Land Trusts Board for the clan.

The Deed prescribed certain administrative procedures to be followed and roles of the trustees generally, among other duties, which allegedly were not followed. Nawaikula will front the Commission once again on September 4, on the above charges.

This is not the first time the MP has been charged for professional misconduct.

Another Case

In another case, Nawaikula is charged with a count of profesional misconduct.

The allegation in the case is that Nawaikula, a legal practitioner, acted for an interested party namely Tokatoka Nadrau Development Trust in a matter in the High Court of Fiji, at Lautoka, between Forum Hotels Limited v Native Land Trust Board & others, Civil Action No. HBC 274 of 2005L in or around 2019 where the said practitioner had previously acted for or received instructions from the plaintiff company in the said matter, which conduct was a breach of rule 1.5 of the Rules of Professional Conduct and practice and an act of professional misconduct.

Both matters will be called for mention on August 26.

Feedback: ashna.kumar@fijisun.com.fj