Seruiratu demands rethink of proposed Kava Bill penalties

Leader of Opposition Inia Seruiratu has called on Government to review proposed penalties under the Yaqona (Kava) Bill 2026, warning that fines of up to $10,000 and possible imprisonment could unfairly punish small-scale sellers trying to support their families.

Mr Seruiratu said the proposed penalties for Fijians selling yaqona without the required registration were too severe, particularly for rural and maritime communities where yaqona provided supplementary household income.

“Let me be clear, a $10,000 fine and the prospect of two years in prison is an extraordinarily harsh penalty to hang over ordinary Fijians who may simply be selling a few bundles of yaqona to put food on the table.”

He said families were already struggling with the cost of living and Government should support small businesses, farmers and rural communities rather than introduce laws that risked criminalising people trying to earn an income.

“Across rural Fiji and particularly in our maritime communities, yaqona is much more than a commercial commodity. It provides an important source of supplementary income for families. People sell yaqona to pay for groceries, school expenses, transportation, electricity, medical needs and other basic necessities.”

Mr Seruiratu said many sellers were ordinary farmers, villagers and small-scale operators rather than large commercial businesses.

He said Government needed to explain why the proposed penalties were necessary and how they were proportionate to the offences being regulated.

Regulation supported

Mr Seruiratu said the Opposition was not against regulating the yaqona industry, acknowledging the need to ensure quality, protect consumers, prevent adulteration or false representation, improve traceability and support the industry’s long-term development.

“There is a significant difference between a deliberate commercial operator who repeatedly breaches the law and a rural family selling small quantities of yaqona to supplement household income. The legislation and its enforcement framework must recognise that distinction.”

He said small sellers should first be helped to comply through education, accessible registration and reasonable fees.

Mr Seruiratu also raised concerns that the registration fee had yet to be determined and would be prescribed through regulations.

“How can small operators properly assess the impact of this new regulatory regime when one of its most important costs is still unknown?”

He called for registration to be simple, affordable and accessible, particularly for people in rural and maritime areas.

“We cannot have a system designed in Suva that requires a farmer or small seller in Kadavu, Vanua Levu, the interior of Viti Levu or the outer islands to navigate unnecessary bureaucracy simply to earn a modest income from yaqona.”

Mr Seruiratu also called for safeguards around proposed enforcement powers to enter premises, inspect records and take samples.

“Any authority to enter premises, inspect records and take samples must be exercised reasonably, transparently and with respect for people's rights. There must be no room for intimidation, selective enforcement or unnecessary harassment of small operators.”

He urged Government to review the proposed penalty regime before the Bill became law and ensure penalties were proportionate to the seriousness of an offence.

“Government cannot continue talking about empowering SMEs and rural communities on one hand while creating laws on the other that could impose penalties worth many months, or even years, of income for some ordinary families.”