TLTB seeks to repeal Section 29 (5)

The iTaukei Land Trust Board (TLTB) is calling for the repeal of Section 29 (5) of Fiji's 2013 constitution, a provision that maintains freehold status for land existing before the constitution's commencement, even after sale, unless state acquisition occurs for public purposes. The board argues this clause obstructs legitimate efforts to restore iTaukei land to its original status.

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This provision frustrates legitimate land reversal efforts and prevents some iTaukei land from being restored to their original status.

In submissions to the Constitution Review Commission, TLTB Chief Executive Solomone Nata explained that the provision prevents the reversal of land sales, particularly those deemed unfairly purchased from original owners. "What we are saying, land that was not purchased properly is the land that we are after. Land that was purchased properly; we don’t have any issue with it," Nata stated.

Constitution Review Commissioner Neelesh Goundar acknowledged the complexity of balancing the provision's power for the government against landowners' rights. He cautioned that any changes must carefully avoid creating expropriation risks for the government, which could severely impact economic development.

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What we are saying, land that was not purchased properly is the land that we are after. Land that was purchased properly; we don’t have any issue with it.

Nata emphasized that action is needed, either through proper compensation or land return. He believes the constitution should address historical injustices and unfair dealings concerning land. The TLTB's proposal specifically targets land under state control that was allegedly acquired improperly from its original iTaukei owners.

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We have to be very careful in terms of not creating the expropriation risk from the government. Because expropriation risk can be a really serious economic risk and can have a huge impact on economic development and achieve economic outcomes.