In a follow up to the SiFM posts titled Fiji Water Carbon Trade-A Can of Worms and The Trouble With Native Land Administrators.
The ownership of Yaqara, is a question akin to a bad penny- one that keeps on turning up; much to the dismay of the Studio City project developers and Fiji Water owners.
The subject of ownership was covered in a Fiji Live article and the story of FICAC's involvement was first released by Fiji TV news.
The excerpt of the FL article:
Yaqara project faces another setback
20 FEB 2008
One of Fiji’s biggest projects, the Yaqara Studio City in Ra is facing another setback after some landowners claimed alleged irregularities regarding some land that the project will be constructed on.
Yesterday, some landowners handed the Fiji Independent Commission Against Corruption (FICAC) some documents relating to the multi-million dollar Yaqara project.
FICAC spokesperson Maraia Vavaitamana confirmed that they have received a complaint pertaining to the Yaqara Studio Project but would not reveal what the complaint is.
“We are in the process of assessing the complaint and the documents that were handed to us. We cannot give any specifics on the turnaround time of the complaint as we have other priority cases too which we are processing at the moment,” she said.
Yaqara Group Ltd (YGL) company secretary Thomasina Ah Ben says that the landowning unit is laying claims to a portion of the land in Yaqara (which is believed to cover not only the YGL land but also Fiji Water). She says it is an illegitimate claim and has been around for a while.
Fiji TV news yesterday reported that landowners have been told by FICAC inquiries will begin with two key institutions involved in the proposed project.
Ah Ben says she does not know what evidence they are pointing to, or what the corrupt act is all about. She says no one from FICAC has contacted them as yet. “We are pretty much in the blind as everyone else.”
Ah Ben says that a few years back the company had spoken to the Native Land Trust Board (NLTB) regarding the land. She said NLTB did the research and wrote back saying that the claims are not legitimate.
Ah Ben admits that this latest development is not very good news for their project which YGL has been trying very hard to get off the ground for the past eight years or so.
YGL was hoping to finalise arrangements for investment in the project by overseas company Resort and Properties Ltd by March end. That would have given it the start it needed.
The first stage including residential and hotel development is estimated to cost almost $200m. It is as yet unclear how this latest development would affect the investment arrangement.
""Four years of waiting with no word from the NLC clearly states that politics is rife in that office. We have written to the interim Prime Minister, Voreqe Bainimarama to look into the matter because that office needs a clean-up," "
The ownership question of Yaqara has been swept under the rug repeatedly by those who have abused their position, their authority and their people. It is hoped that the answer to that question will be finally answered and those who had concealed, obfuscated and profited by hiding those unalienable truths will be brought to account.
An earlier article posted on Fiji TV website describes the frustration of the landowners. The excerpt:
Claimant writes to interim PM to intervene in Yaqara land dispute
Fiji TV
3 Feb 2008 01:25:32
A claimant to the land in Yaqara has written to the interim Prime Minister Frank Bainimarama to intervene and resolve ownership of the land.
The Native Land and Fisheries Commission had conducted an inquiry three years ago to determine who the rightful owner is but landowners say no decision has been relayed to them ever since. The issue of who is the rightful owner of the vast land in Yaqara has been debated for many years now.
The Crown Land which spreads more than 5000 acres and includes both the proposed Yaqara Studio City and Natural Water of Viti Limited's factory. There are three claimants to the land, the descendants of Bicilevu and villagers of Draniivi and Rabulu.
One of the claimants, Eseroma Tuibua says they are still awaiting a decision on an inquiry carried out to determine the rightful owners of the land. Tuibua has now written to interim Prime Minister to look into the issue.
[Tuibua] says the delay is frustrating, adding that if it's deliberate than those responsible should be taken to task. The Native Lands and Commission says no enquiry was held at Korovou in August 2004. In reply to our queries, the NLC says Yaqara is a crown freehold property and is owned by Mataqalis and Yavusas.
The are several major discrepancies, that confuse those following the Yaqara ownership. In the Feb. 3rd Fiji TV article, a unnamed official from Native Lands Commission (NLC) is quoted as saying that "Yaqara is crown freehold property and is owned by Mataqalis and Yavusas".
In a nutshell, Yaqara is native land which has been de-reserved and issued a 99 year native lease #27470 for 778 hectares and a 99 year crown lease #15734 for 1092 hectares.
However, the lease of native land becomes extremely murky when the leasee, subleases land and markets, sells these parcels as freehold property as seen in this website. It is mind boggling to fathom how the authorities have allowed native land under 99 year lease to be sub-leased as freehold property. Freehold is defined by Answers.com as an estate which is held in fee or for life. This is the travesty of the century in Fiji, when those who preach about defending and protecting native land, are actually the master minds.
However there is a slight difference from Qarase as quoted in a Fiji Sun article (posted below):
Former Fijian Affairs Minister and Prime Minister Laisenia Qarase said the piece of land at Yaqara belonged to the State. "The NLC cannot verify who truly owns the Yaqara piece of land because it is State land at the moment. From what I know they have not verified who the true landowners are," said Mr Qarase.
Hansard for a Joint Sitting of Fiji Parliament on July 30th 2004; document Question and Answers regarding the progress of Yaqara Studio City.
Studio City Project
(Question No. 71/2004)
HON. V. SINGH asked the Government, upon notice:
Would the honourable Minister for Commerce, Business Development and Investment inform the House as to what is the reason for the delay with the Studio City Project and when is the project expected to begin?
HON. T. VUETILOVONI (Minister for Commerce, Business Development and Investment).- Mr. Speaker, Sir, I rise to respond to the question asked by the honourable Member.
I must say, Sir, I am just as interested in getting this project started as anyone else, and I have been asked similar questions at the Provincial Council meetings. Sir, I am pleased to reply to this question, although I must say, I would have understood if the question was posed by my kaivata, the honourable Member for Tavua Communal (A. Babla). But coming from the honourable Member for Vuda Open (V. Singh), my mind boggles, there must be something he is working at.
Mr. Speaker, Sir, this is a complex development project that belongs to Paradise Entertainment Limited. The Government has done its task in putting together fairways legislation, what we can call "building blocks" to enable this complex development project to go ahead.
Sir, if I may just go through the various things that Government has put together since the year 2000. In October 2000, we established the Fiji Audio Visual Commission.
In January 15th, 2001, Government entered into a Memorandum of Understanding with Paradise Entertainment, the NLTB and the Yaqara Pastoral Company Limited for the establishment of the Audio Visual Industry in Yaqara. In May 2001, we established the Audio Visual Tax Incentives as the fiscal framework for the Audio Visual Industry and the development of the Yaqara Studio City.
In December 2002 and March 2003, development leases over land at Yaqara were issued to Paradise Entertainment Limited by NLTB and the Department of Lands, for the establishment of the Studio City Zone. In June 2003, FTIB approved the Yaqara Studio City Stage I feasibility and business plan. On December 17th, 2003, we gazetted the Town Planning Order, creating Studio City Zone as a town planning area.
On 28th January, 2004, we gazetted the land covered by the leasehold area as the Yaqara Studio City Zone under the Taxation Act. In July 2004, we issued the foreshore lease, which is the final step in securing the leasehold area for the Yaqara Studio City development. These are the so‑called building blocks in the establishment of this quite complex development project and it has taken this time from October 2000 to July 2004.
Mr. Speaker, Sir, with the finalisation of these requirements now in place, Paradise Entertainment Limited has been able to move to the final master planning stage for the Yaqara Studio City. There is currently a team of staff (domestic and international consultants), working with the Department of Town and Country Planning in concluding, as quickly as possible, the master planning of this site.
It is the intention of Paradise Entertainment Limited that formal lodgement of the Master Plan with the Department of Town and Country Planning will occur by the end of September 2004, provided the lot's master plan meets the necessary requirements and can be approved expeditiously by Government. Paradise Entertainment Limited will commence site works at the Yaqara Studio City in the fourth quarter of 2004, Mr. Speaker, Sir. I hope that answers the question, but may I just add that the establishment of the Telecom Fiji Satellite Station at Yaqara Studio City also indicates that the first work to be done in this complex development was Telecom Fiji Satellite Station Yaqara, which will be opened in August and is the first of the anchor tenants of Paradise Entertainment.
HON. A. ALI.‑ Mr. Speaker, Sir, I do thank the honourable Minister for giving the progress development step by step. The question I would like to pose is; would the honourable Minister advise this House if there is any dispute among the mataqali landowning units who are claiming ownership of the land where the Studio City is to be situated?
HON. T. VUETILOVONI.‑ Mr. Speaker, Sir, I think we are all aware of the so‑called disputes, which are being highlighted in the press. Yes, there are claims being made but they have been handled through the normal channel and the process there has been established.
HON. P. MUPNAR.‑ A supplementary question, Mr. Speaker, Sir. As regards Paradise Entertainment Limited, who are the owners or the shareholders of that company, when that company was given contract, which other companies were considered and what was the reason for Paradise Entertainment being selected?
HON. T. VUETILOVONI.‑ Mr. Speaker, Sir, there are so many questions in that statement and I do consider that as a totally new question.
MR. SPEAKER.‑ I agree. I think we have covered this question sufficiently.
HON. K. DATT.‑ Mr. Speaker, Sir, if I can have your permission, this is a very straightforward and simple question.
MR. SPEAKER.‑ I think we have covered this question, unless you want to play a leading role in the film.
(Laughter)
HON. K. DATT.‑ Thank you for giving me the lead in that question, Sir, but that was precisely the intention of the original questioner. What he really wanted to know is; when will the first film be made at Yaqara? That is the thrust of the question. Obviously, Mr. Speaker, Sir, there have been lots and lots of delays for all kinds of reasons and I often wondered whether the honourable Minister in the meantime had considered an alternative site in the beautiful mountainous and rolling lands of Vanua Levu, with blue azure seas and all kinds of settings for all kinds of acting. The question, Mr. Speaker, Sir, has the Minister considered an alternative on another island like Vanua Levu?
HON. T. VUETILOVONI.‑ Mr. Speaker, Sir, may I just put this development and the time it has taken in some sort of better perspective. I just want to remind honourable Members that it took nine years for the Novotel Hotel to really get started, the same time it is now taking us Natadola. So we are talking here about something that started in 2000 and we are talking about something actually starting by the end of this year, but I do take the honourable Member's point. We will certainly be looking North as part of our "Look North" policy and the development of Vanua Levu.
According to the excerpt of the Fiji Parliament hansard that quotes Tom Vuetilovoni, the MP from Ra (Fijian Provincial Seat). In December 2002 and March 2003, development leases over land at Yaqara were issued to Paradise Entertainment Limited by NLTB and the Department of Lands, for the establishment of the Studio City Zone.
In other words, the NLTB and Lands Department had colluded to de-reserve, lease native land for the Yaqara Studio City project without first consulting or seeking consent from the landowner(s).
NLTB's website, describes the agenda on the bi-monthly Board of Directors meeting, held in Lautoka on 23rd Oct. 2003, months later, after the lease had been issued to Paradise Entertainment Ltd.
Item 4:
Yaqara Studio City Lease - The Board was informed that a recent meeting of the landowners of Nadokana (Rabulu) and Vatukaloko (Drauniivi) had agreed to support the developments following Native Land Trust Board's issuing of the lease. Whilst there are tracts of land where ownership was disputed, there appeared to be agreement to follow the dispute resolution mechanism that currently existed. This is important as the FNAVC was now looking at amendments to legislation to open up other areas for studio facilities.
These concerns have been validated by the complaints from the landowners which have falled on deaf ears. These complaints were quoted in a Radio NZ International article. The excerpt:
Fiji landowners oppose Studio City plan
Posted at 23:05 on 22 October, 2002 UTC
A group of indigenous landowners has threatened court action against the Fiji government and the Native Lands Trust Board over the site of the proposed 500-million US dollar Studio City.
The Daily Post quotes the landowners as saying they are the rightful owners of the land located at Yaqara in north eastern Viti Levu and they will go to court if it is not returned to them.
The spokesman, Noa Sakava, says finalising a lease with a foreign company without the knowledge of the rightful owners is a serious matter. Mr Sakava says the Native Land Trust Board is losing the trust of the Fijian people because it should sort out the ownership issue first before entering into any lease agreement with Paradise Entertainment Limited.
The company, which wants to develop the site for its Studio City project, has been forced to halt work because of the land dispute.
Mr Sakava says recent statements by Paradise Entertainment’s executive chairman, Philip Gerlach, that the company is losing business clearly shows that issues related to land disputes should be taken seriously.
Another interesting fact emerged from the research; while Paradise Entertainment Ltd. the Studio City developer was granted a 99 year old lease of Yaqara, among the listed leasors(according to the Annual reports of Yaqara Group-above image) were NLTB , Fiji Government and Yaqara Pastoral Company.
A recent news release regarding Yaqara Pastoral Company was published in a Fiji Live article. The excerpt of FL article:
YPCL leasing venture progressing
21 DEC 2007
Negotiation talks to lease out the State-owned Yaqara Pastoral Company Limited (YPCL) is still continuing with the two American-based joint venture companies, Rolls International and Harris Ranch, it was confirmed today.
YPCL, through the Ministry of Public Enterprise, had put forward its case to the two overseas companies and is awaiting a feedback. This proposed plan to lease out the company stemmed out from low returns generated from its core beef operations.
Company board director, Aca Lord says its beef operation was currently an “unprofitable venture”, and attributed it to the high expenditure incurred overriding its sales revenue.
“This is the prime reasons why we want to lease out YPCL to the two companies in order to derive the much needed capital, expertise and the state of the art technology to ultimately achieve optimum results for the industry,” Lord said.
It is expected that efforts to engage the two overseas companies given its level of expertise and resources will fast track the industry to greater heights. There are also immediate plans for repair works at the estate, maintaining cattle stock and further promotion of the local beef industry.
Lord made the statement while presenting YPCL’s dividend cheque of $385,018 to the shareholding minister Poseci Bune this morning. The amount reflects a 50 per cent increase from its dividend in 2005 totalling $245,122. Lord said the increase is a result of a hike in proceeds from Natural Waters of Fiji.
Bune acknowledged the company’s effort in continuously improving profits despite the current difficulties it is facing. He stressed the need to strive for higher production to meet the catering need of the local tourism market.
Bune said efforts to engage the two strategic partners who have the expertise and resources will fast track the industry to greater heights.
It may come of a surprise to learn that Rolls International, one of the two companies leasing Yaqara Pastoral Company under the convenience of developing a sustainable beef industry in Fiji; is the current owner of Fiji Water LLC.
Blog Solivakasama commenting on the recent debacle over the transfer pricing of Fiji Water; alluded that Fiji Water had in fact, made an offer to purchase outright the Yaqara Pastoral Company but was restricted by the powers that be.
It is no minor matter that, NLTB via its Directors (Dakuidreketi and Tabakanalagi et al) had no intention of determining who the native landowners of Yaqara were, let alone seeking their consent. The ownership question of Yaqara has been swept under the rug repeatedly by those who have abused their position, their authority and their people. It is hoped that the answer to that question will be finally answered and those who had concealed, obfuscated and profited by hiding those unalienable truths will be brought to account.
Dakuidreketi was later suspended from NLTB, as published in a Fiji Times article. The excerpt:
Dakuidreketi suspended
Wednesday, June 27, 2007
INTERIM Fijian Affairs Minister Ratu Epeli Ganilau has suspended Native Lands Trust Board member Keni Dakuidreketi after the independant investigation team into Fijian institutions cited certain allegations against him.
In his letter dated June 25, Ratu Epeli wrote to Mr Dakuidreketi stating the allegations surfaced over his role and capacity as a member of the NLTB board, chairman and director of Viti Development Company Limited and director of Pacific Connex.
"In view of these rather unfortunate circumstances, it would not be prudent if you were to continue to sit on the board of NLTB," the letter stated.
"Therefore in the interest of the NLTB and as chairperson of the Fijian Affairs Board, I am suspending your FAB membership of the NLTB board pending the outcome of the investigations into these allegations."
Mr Dakuidreketi confirmed receiving the letter yesterday but described the wording as 'generic' as it talked about allegations. "They are citing certain allegations which I do not know therefore I cannot comment yet," he said.
"Anyway, I am meeting the minister tomorrow and hope to discuss the matter with him."
Mr Dakuidreketi said his position as chairman of VDCL was an appointment sanctioned by the NLTB board.
Both suspended general manager of the NLTB, Kalivati Bakani and IT manager Mojito Mua were handed their termination letters citing 'no cause' recently by Ratu Epeli last week.
The excerpt of the Fiji Sun article:
NLC in the dark on studio landowners
Fiji Sun.
Last updated 2/21/2008 7:24:26 AM
The Native Lands Commission cannot confirm the owners of the piece of land proposed for a multi-million dollar studio city. NLC deputy commissioner Isoa Nasedra said they were in the process of establishing who the landowners were.
"The NLC cannot confirm from its records the family believed to be the descendents of Bicilevu is the rightful owner of the piece of land in Yaqara," said Mr Nasedra.
He said they would meet members of the Raviravi clan, who were descendants of Bicilevu, after consultations with the Roko Tui Ra.
Acting Native Land Trust Board general manager Meli Benuci could not be reached for comment. However, NLTB officials said they had never distributed land rents or royalties to any of the Yaqara land claimants.
Former Fijian Affairs Minister and Prime Minister Laisenia Qarase said the piece of land at Yaqara belonged to the State. "The NLC cannot verify who truly owns the Yaqara piece of land because it is State land at the moment. From what I know they have not verified who the true landowners are," said Mr Qarase.
Raviravi landowning unit spokesman Eseroma Tuibua said the NLC was using delaying tactics to determine the landowner. "Four years of waiting with no word from the NLC clearly states that politics is rife in that office. We have written to the interim Prime Minister, Voreqe Bainimarama to look into the matter because that office needs a clean-up," he said.
Although Yaqara Group's Secretary, Thomasina Ah Ben prematurely dismisses the claims of the landowners as illegitimate based on prior consultations with Native Lands Trust Board (NLTB). It must be pointed that, two representatives of NLTB (Dakuidreketi and Tabakanalagi) were actually Directors of the Yaqara Group during the time. Sadly, these improprieties has conveniently escaped the mind of Ah Ben for obvious reasons.
Ousted Prime Minister has contradicted his recent comments on the ownership of Yaqara and seems to have actually done what he accuses the Krishnamurthi report on doing- A Land Grab.
It is clear beyond reasonable doubt that the Yaqara native was de-reserved with out the consent of the landowners and Qarase was complicit in this dubious transaction.
Qarase's comments appear in a 2002 Radio NZ International article. The excerpt of RNZI article:
Ownership row in Fiji over Studio City land
Posted at 03:48 on 24 May, 2002 UTC
A row has developed in Fiji over the ownership of land which is to be the site of a proposed one billion US dollar Studio City. The land in question is at Yaqara in north western Viti Levu.
Answering questions in parliament, the prime minister, Laisenia Qarase, said the land belongs to resident of Drauni-ivi village. Mr Qarase said the former state land was allocated to them [resident of Drauni-ivi] because they satisfied certain conditions laid down by the Native Land Trust Board. [Qarase] said the land did not belong to the Naboulou landowning unit of Tavua and they could take their claim to the court.
But a spokesman for the Naboulou landowners has attacked the government for fooling them and told the prime minister to check his facts. Noa Sakava says they have proof from the Native Lands Commission that the Studio Cityt land is theirs and will take the matter to court.
The billion dollar Studio City development will mean enormous financial returns to the landowners as well as jobs in a virtually undeveloped part of Fiji.
It is also a concern that these landowners have been disenfranchised by NLTB the institution that was supposed to defend their interests.
With the discussion of the De-reservation proposal still lingering in the minds of some; it may be a worthwhile to consider the proposal by local Academic regarding bringing landowners on board commercial arrangements according to a Fiji Live article. The excerpt of FL article:
Landowners should be co-investors: Ratuva
19 FEB 2008
A University of the South Pacific academic says that he would rather see a partnership arrangement where landowners themselves directly and actively participate in the commercial farming process with tenants as co-investors.
Dr Steven Ratuva says he would prefer this than having an ethnically divisive division of labour as suggested in the (controversial M Krishnamurthi) report.
Being co-investors would ensure that landowners learn the farming skills which they have been deprived of, says Dr Ratuva, the head of the Division of Sociology and Social Work, School of Social Science, Faculty of Arts and Law.
The Krishnamurthi report suggests the dereserving of all native lands; that instead of 4 hectare farms which are uneconomical, lots of 40 to 400 hectares be created and leased to one individual or company without affecting land ownership; that the ownership will continue to be vested in the title holder, and that all investments will be by the lessee and that the lease period to be a minimum of 75 years or more.
The report further recommended that the profits may be shared in a format acceptable to the landowner and cultivator, that is, the lessee may pay rentals, the landowner may undertake share farming, (the lessee will create infrastructure and cultivate cane); the owners will be employed by the lessee on fortnightly basis; and that the proceeds will be shared 30 : 60 after costs – 30 per cent to the owner.
But Dr Ratuva believes the landowners and tenants can become shareholders within a corporate type structure and the company needs to run professionally. He suggested that the ethanol plants which are expected to be built also need to be run along the same corporate partnership between landowners, tenants, government and other investors.
In this way, the benefits of the sugar industry are shared equitably and also it could help create good ethnic relations, he pointed out.
On the proposal to dereserve all native land which in the past few days has caused much alarm amongst landowners, Dr Ratuva pointed out that in the given political climate, just the mere mention of the term "dereservation" of native land is not a politically tactical thing to do.
“It was bound to provoke reaction.” He says there is enough native land available to be leased now without really touching the reserved land.
The suggestions for lease arrangements are not new at all in the sense that they merely reinforce the existing arrangements, he pointed out.
“For instance, Fijians provide the land and the tenants provide the capital and expertise.
“This is the same old colonial arrangement which has done very little to enhance Fijian commercial progress and improve ethnic relations,” he added.
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