A number of legislation focusing on the welfare of the iTaukei are outdated and in serious need of a review.
Justice Alipate Qetaki highlighted this while speaking as a panelist during a public lecture on the life and legacy of Ratu Sir Lala Sukuna at the University of Fiji’s Samabula campus on Thursday.
He said when the life of Ratu Sukuna was discussed, his impact was felt mainly in the legislation that affected iTaukei, as well as the crown.
Justice Qetaki said this included the Crown Lands Act (now the State Land Act), the Native Lands Act, the iTaukei Land Trust Act 1940 and the Fijian Affairs Act.
“Ratu Sukuna was the author or builder who formed the basis of what we call the matanitu iTaukei, we do not hear much about that now especially in the last 16 years and that is something that I hope it will be revisited,” he said.
“Perhaps one of the roles of the new (Great) Council of Chiefs is to look at the legislation. They have been there since 1940s so it’s well past review time. I believe that they need to be looked at again in view of the developments that Ratu Sukuna couldn’t have expected to envisage, perhaps especially happening now in Fiji.”
He also highlighted the need for wider and inclusive consultation in terms of reviewing fundamental laws in relation to native land, native resources, qoliqoli, deep sea mining et cetera.
He also cited the experience of the Maori and legislation such as the Maori Land Act, which recognised the fact that the Maoris had certain rights to their customary traditional resources, their fisheries, their land.
This was also part of New Zealand’s legal system.
“That is one way we can honour Ratu Sukuna, to look at our laws. I especially agree with the president of the Methodist Church, the role of the chiefs is to look at areas where the iTaukei is disadvantaged, whether through their own doing or through institutionalised laws or whatever.
“That is something the GCC should be looking at.”
Meanwhile, at the conclusion of the GCC meeting on Bau Island this week, a decision was made to review the legislation, which have been in place since the ’40s.
