Activist wins court order for release of Banaban Trust Fund audit records

The Rabi Councils of Leaders have been ordered to release two documents pertaining to the audit records relating to the Banaban Trust Fund and the 2013 removal of elected Banaban leadership. 

The orders were made by High Court Judge Justice Thushara Rajasinghe on New Year's eve following a civil suit initiated by Banaban activists, Itinterunga Rae seeking documents related to internal information about the use of their land.   

Through his lawyer, Seforan Fatiaki, Mr Rae sought access to 13 records and formal correspondence between the council and Australian-based Centrex Limited regarding phosphate exploration on the island.

This included agreements, consultation documents, terms of reference and any information relating to the sale of pinnacle material from Banaba to third parties. 

In response, the council’s lawyer, Vinisoni Filipe, told the court that Centrex Limited’s proposed project to recover and restore phosphate reserves on Banaba Island had been placed on hold following objections. 

He also submitted that the Banaba Administrator was appointed by, and reported directly to, the Prime Minister, Sitiveni Rabuka, who is responsible for matters relating to the island. 

In a supplementary affidavit, senior planning officer at the Office of the Prime Minister, Filipe Bainimoli, stated there was no record of any executed agreement between the Rabi Administrator and Centrex Limited. 

Mr Bainimoli said a proposal from Centrex Limited dated September 12, 2022, relating to the possibility of re-mining on Banaba Island had been received, but clarification sought by Fiji’s Department of Mineral Resources and Department of Environment was never provided, and the matter did not proceed further. 

Following a hearing on September 3, the court found that under the Banaban Settlement Act 1970 and the Banaban Land Act 1965, the authority of the Rabi Council of Leaders does not extend to rights or interests over Banaba Island itself. 

The court ruled that the council’s authority is limited to matters concerning the Banaban community, including traditional and customary practices. 

It also noted that under Sections 117 and 125 of the Constitution of Kiribati, the Rabi Council of Leaders has a constitutional duty to represent the rights and interests of its people through its nominated member of the Kiribati Parliament. 

After considering the historical, cultural, traditional and emotional connection of the Banaban people to Banaba Island, the court ruled that under Section 25 of Fiji’s 2013 Constitution, Mr Rae was entitled to access the Trust Fund audit documents linked to the 2013 dissolution of the Rabi Council of Leaders, as well as the Terms of Reference and appointment documents governing the Rabi Administrator’s role.  

The Council was also ordered to pay $2,000 in costs in favour of the applicant.