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Strike out application to be heard in Dec


Nov 03, 2021 02:34:40 PM

Strike out application to be heard in Dec Chief justice Kamal Kumar has ordered three lawyers to file submissions on a strikeout application made by the Attorney General Chambers.

This is in regards to the constitutional redress in the recent amended Land Act which was passed in Parliament this year, filed by Social Democratic Liberal Party member of parliament Niko Nawaikula.

The defendants in the proceeding are the Government, the Attorney-General Aiyaz Sayed-Khaiyum and the iTaukei Lands Trust Board.

Nawaikula is represented by Sevuloni Valenitabua Senior, the Attorney General’s Chambers is represented by Nazia Ali and the iTaukei Land Trust Board is represented by in-house counsel.

He is suing the defendants in a representative capacity, on behalf of members of his mataqali as owners of iTaukei lands.

He claims that their respective rights as landowners of landowners were breached when they were not consulted by the Government before Bill 17 was put before Parliament.

He also claims that provisions of the 2013 Constitution, the iTaukei Lands Trust Act 1940, and the International Labour Organisation Convention were breached.

Nawaikula is seeking a declaration that the Act and Bill 17 to be invalid and that it was unlawful, unconstitutional and a breach of landowners’ constitutional rights.

Justice Kumar said the Attorney General’s Chambers had made the application to strike out based on there is no reason for the course of action.

He while speaking in court said he understands the reasons the Attorney General Chambers need to strike out the application.

Valenitabua said it was unreasonable for the Attorney General Chambers to strike out the application as they have seen that the law passed breaches the constitutional in place.

He said it was important for them to make the amended changes before the law which was passed in Parliament this year will be used by the people.

The hearing for the strikeout application will take place on 3rd December 2021 at 2.30 pm.

By Nacanieli Tuilevuka




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