Existing freehold land ownership and the rights of land lessees and tenants would receive constitutional protection under Fiji’s proposed 2026 Draft Constitution.
The proposed provision states that all land ownership and rights and interests in land leases and tenancies existing immediately before the commencement of the new Constitution would continue.
It specifically provides that land already classified as freehold would remain freehold even when sold or purchased, unless it is sold to the State or acquired by the State for a public purpose in accordance with the Constitution.
The Draft Constitution would also prevent laws from being enacted that diminish or adversely affect rights and interests in land leases and tenancies, including those entered into after the Constitution comes into effect.
It states that land lessees and tenants have the right not to have their leases or tenancies terminated except in accordance with the terms governing those arrangements.
At the same time, Parliament and Cabinet would be required to ensure landowners receive a “fair and equitable return” from leases and tenancies.
This would have to be balanced against protections for lessees and tenants, including security of tenure and lease terms and conditions that are “just, fair and reasonable”.
For the purposes of the provision, land leases and tenancies would include sub-leases, sub-tenancies and tenancies-at-will.
However, the provision specifically excludes leases or tenancy arrangements relating to buildings, structures or dwellings used for residential, commercial, industrial or tourism purposes, as well as fixtures, equipment, plants or fittings on land.
The provisions form part of the Draft Constitution released with the Constitution Review Report and remain proposals rather than law.
