LAWYER Isireli Fa has suggested that the iTaukei Lands and Fisheries Commission (TLFC) was given wrong advice on the Tui Nadi title.
In response to claims in some quarters that the court could not overturn the commission’s installation of the Tui Nadi, Mr Fa said this was a mistaken view.
During a media conference to discuss the judgment in Suva yesterday, Mr Fasaid no one was above the law, including the commission.
“There have been comments that people have made which have been put in the public domain that the court cannot challenge the decision of the TLFC,” Mr Fa said.
“That is incorrect advice, and that advice seems to be fuelling this conduct by the TLFC that they can do whatever they want.
“Going forward, we urge the Government to advise its departments to follow the law.
“And, I think, what’s even more important, is that the Government should put experienced lawyers on these matters, and not inexperienced lawyers.”
Mr Fa said because of these inexperienced lawyers, “these types of decisions have been made, and they have had a traumatic effect on those people involved”.
He said assigning experienced lawyers to handle such cases, even those from overseas, would prevent “silly and useless” arguments that they’ve (parties involved in the dispute) had to endure for 30 years.
“Even lawyers from abroad, if necessary. If you recruit experienced lawyers, then there’d be none of these useless, silly arguments that we’ve had to put up with,” he said.
“I call upon the Attorney-General to please put experienced lawyers on these cases, not lawyers who are their favourites or their friends.
“We need their best people so these matters can be resolved in the best possible and fairest way.
“One thing is for sure that this case has shown, it’s that the TLFC does not have absolute powers because all their powers are subject to review by the court.”
Attorney-General Graham Leung said he would respond once he sees Mr Fa’s comments.
“He is, of course, a senior member of the profession,” Mr Leung said.
“He has a lot of experience in native land law, so any suggestions that come from legal practitioners with regard to law reform and law review are taken seriously, so I look forward to getting a copy of his comments, and we’ll be happy to respond in due course.”
