Social Democratic Liberal Party (SODELPA) is pushing for a sweeping constitutional change that would bring all land in Fiji, including Crown and freehold land, under a single system of iTaukei ownership.
The party’s proposal, presented to the Special Committee on the Constitution (Amendment) Bill, seeks to constitutionally recognise iTaukei ownership of all land in Fiji, extending beyond the 86 to 89 per cent currently classified as native land.
Party lawyer Jolame Uludole said the proposed Constitution should reflect what the party considered ownership of all Fijian land by the iTaukei people, including the remaining 11 to 12 per cent not currently classified as native land.
Prominent lawyer and SODELPA candidate Savenaca Komaisavai said there were three categories of land tenure in Fiji – freehold, State and iTaukei land – and the party wanted to bring them under one system.
“The rights associated with existing leases could be addressed under Section 8 of the Land Transfer Act,” Mr Komaisavai said.
However, when committee member and Opposition MP Parveen Bala questioned how freehold land would be converted back to native land, Mr Uludole said iTaukei people were willing to buy it back.
He said negotiations could be pursued with landowners unwilling to sell, drawing comparisons with compulsory acquisition powers available to Government for public purposes.
“What we want to see is that it’s reflected in the Constitution that the land belongs to us (iTaukei),” Mr Uludole said.
Former attorney-general and committee member Siromi Turaga questioned the proposal, saying freehold land could not simply be declared “iTaukei land”.
“Any previous land dealings suspected of being improper could be investigated,” Mr Turaga said.
“But transferring ownership without the consent of existing owners would be problematic.”
Mr Turaga also warned that freehold land provided an important form of security for people who are not natives.
In response, Mr Uludole argued that some freehold land had historically been sold for items such as spoons and knives, suggesting there was an understanding that it could be bought back.
He maintained that even if such land was subsequently leased, ownership should return to the iTaukei people.
