
Club Em Designs
Clan seeks land stop-work order
Saturday, August 26, 2006
A CLAN has applied for an injunction to stop the construction of a nursery on a piece of land that it claims was illegally leased by the Native Land Trust Board.
Members of the Tokatoka Nakabasi allege that NLTB and Natadola Holdings Limited failed to honour an agreement made with members last year.
The writ was filed in the High Court in Lautoka on Thursday by the clan led by Tui Nahoni, Ratu Apenisa Cokanauto Rorovanua Rakuro, Ratu Timoci Volavola, Ratu Tevita Korodrau and Ratu Viliame Uqeuqevanua Ralulu.
The statement of claim alleged that NLTB sought a piece of land owned by the Tokatoka Nakabasi of Naveisabasaba Village in Nadroga and allegedly promised to pay members a premium of $50,000. It is alleged that when it was found that Tui Nahoni owned the piece of land in question, NLTB sought to secure a lease for the 20 acre piece of land.
The land known as Vile, on which Natadola Holdings is building a nursery, was the only piece of land on which Tokatoka members used to plant crops and vegetables for their sustenance.
The plaintiffs allege that 11 of the 26 signatures on the purported document of consent were forged. [Plantiffs] claim that the consent was not sought from the members of the Tokatoka, especially the Tui Nahoni.
The writ was also filed on the grounds that under Section 9 of the Native Land Trust Act, native reserve land cannot be leased unless it was de-reserved.
Our chief is not for sale
Leave jailed Qaranivalu alone, elder warns
By CHEERIEANN WILSON
Stop using our jailed chief for your own business interest, a chiefly elder warned yesterday. And he wants the Government to stop such people from visiting his chief in prison. A chiefly elder of the Qaranivalu, Maika Morovia, said the Government had enjoyed the support of Ratu Inoke Takiveikata while his people continued to suffer.
Mr Morovia said the actions taken by millionaire Ballu Khan and Native Land Trust Board general manager Kalivati Bakani were a breach of traditional protocol and principles and were signs of disrespect for the Fijian people and, in particular, the people of Naitasiri.
“Who are these people?” said Mr Morovia.“They are in no way related to my paramount chief. They don’t even have a traditional role or status to allow them to speak to him. They should respect Fijian protocol, especially the way people of Naitasiri respect their chief.
“Bakani, being a Fijian, should have some manners. Our chief is there serving his term in prison and I believe he has had enough of the sufferings and heart-aches that he has gone through along with his family.“Ballu Khan and Bakani again want to engage my chief’s support and no one knows they might crucify him again if he fails to live up to their agreements.
The chiefly family and Naitasiri are not in a position to foot any further legal bills.“Ballu Khan is a millionaire and is engaging chiefly Fijian support to raise his business undertakings to new heights.“If he wants a business licence from the Government than he should be made to follow the normal procedure that all businessmen go through.
It is now clear that certain people are accommodated in special ways because they are already millionaires.“Ratu Inoke is not the Minister of Finance or a bank manager. Khan is using my chief’s support for his personal gain. What Khan and Bakani have done is an insult.
“They will ruin money lending institutions, the NLTB and the traditional Fijian protocol system. Authorities concerned should step in and stop them.”Calls made to Ballu Khan were not answered last night.
Ratu Inoke’s former wife, Vilisi Takiveikata, told the Fiji Sun that millionaire Ballu Khan and Native Land Trust Board general manager Kalivati Bakani, representatives of Pacifc Connex, had used Ratu Inoke as a rubber stamp so they could obtain a licence from the Government to launch a mobile phone business.
“Ratu is in prison and yet these people are still using his influence on the Prime Minister to get what they want,” she said.“If they really care about Ratu they should be lobbying for his freedom. Instead they are using him to get their millions while Ratu and his family suffer in silence.”
Digicel and Ba
I WRITE to express my disappointment at the way Tevita Momoedonu of Vuda is trying to influence the Ba Provincial Council to get rid of Digicel.
Mr Momoedonu has the gall to say there will be bloodshed if Digicel continues to operate. For goodness sake, I thought we were in the 21st Century and that bloodshed or talk of it was a thing of the past.
I thought the vanua of Vuda was ahead in development, thinking and education.
Having their chief to be the President, one of their sons an ambassador and Cabinet minister, that Mr Momoedonu's disgraceful comments would not see the light of day.
The words are appaling, contemptible, despicable, vile and loathsome to be coming from the mouth of a so-called chief.
How could a former ambassador and minister utter foolish and poor statements as that? How can a person of his stature stoop so low and mislead chiefs to sign a letter to the President to get rid of Digicel?
As aperson from Ba I am dismayed at how the provincial council is being hijacked. I urge chiefs to think twice about supporting Mr Momoedonu.
I am urging chiefs in my vanua o Nadi not to be swayed by the likes of Mr Momoedonu.
Taniela Lesu
Australia
Don't involve President: Secretary
Fiji T.V 24 Aug 2006 17:54:48
One National News has confirmed a letter has been sent from Government House to Ba Provincial Holdings Limited not to involve the President in their business dealings.
This after revelation last night that executives of the company had managed to convince Ratu Josefa Iloilo to issue a directive for Digicelexeutivess to leave the country within 24 hours..
Former executive of the Ba Provincial Holdings Limited Apolosi Bose says the move by the current chairman to involve the President is nothing more than desperation.
In discussions held at government house, andrevealedd in this letter, the President had agreed that he issue a directive to remove Digicel executives from Fiji in 24 hours.
Bose says this attempt clearly has tarnished the reputation of the Vanua of Vuda and abuse of traditional relations.
The President's Official Secretary Rupeni Nacewa says it's important that he maintain a neutral position and won't comment.
One National News understands a letter from government house has been sent to Ba Holdings Limited making it clear not to associate the president in the affairs of the company.
Ba Provincial Holdings warns on bloodshed
Fiji T.V 24 Aug 2006 17:55:09
A letter written by the chairman of the Ba Provincial Holdings Limited warns of bloodshed in the country if international mobile phone company Digicel is allowed to do business in Fiji.
One National News has obtained a second letter written by the Ba Holdings Chairman and CEO Ratu Tevita Momoedonu accusing the Information Minister Isireli Leweniqila of colluding with Digicel.
This is the second letter by the Ba Provincial Holdings Limited obtained by One National News.
In this the company CEO and the chairman Ratu Tevita Momoedonu attacks the Communications Minister Isireli Leweniqila.
The jest of the message in this letter dated August 16th is simple, that government stop it's dealings with mobile company Digicel.Quote .In terms of the vanua, we have voiced our concerns to you in that Digicel is single handedly splitting the vanua of Ba. This will be devastating for the yasana and we will not be able to contain any subsequent bloodshed. unquote.Quote. Digicel has implicated itself with their insensitivity to the vanua and traditional ties by continuing to push its agenda using the vanua. If there were good citizens of Fiji they would have had the sense to back down and withdraw but clearly their greed for business in Fiji has blinded them from good sense and good judgment. unquote.
Ratu Momoedonu than bluntly puts this demand to the Communications minister that their license should be revoked immediately and reminding the Information Minister that he has the power to cancel their license.
Ratu Momoedonu than says Ba Provincial Holdings Limited is a private company and that the minister had NO right to interfere in their business.
He writesquote. Our view is that you have no right in interfering with commercial arrangements of companies outside your ministry's licensing process. It is even more un-acceptable that you are suggesting another indigenous company partner with Digicel after having being dumped by Ba Holdings for corruption and deception unquote.
Information Minister Isireli Leweniqila confirmed he received this letter from Ratu Tevita Momoedonu. He didn't say whether he replied to it.
Provincial firm warns of bloodshed
Fiji Live-Thursday August 24, 2006
Ba Provincial Holdings Limited chairman Ratu Tevita Momoedonu has warned the Government of bloodshed if mobile phone company Digicel is allowed to operate in Fiji.
According to a Fiji TV news report, Ratu Tevita had written a letter, dated August 16, 2006, to the Minister of Information, Isireli Leweniqila, to withdraw Digicel's license.
The letter said Digicel was dividing the vanua of Ba and warned of subsequent bloodshed.
Ratu Tevita also accused Leweniqila of colluding with Digicel and that the Minister should not interfere with the dealings of Ba Provincial Holdings Limited. Effort to get comments from Ratu Tevita or Leweniqila was unsuccessful.
Digicel said in a statement today that it was committed to staying in Fiji.
Chairman Denis O'Brien said comments made against the company in the past few days were outrageous, mischievous, and untrue and it damaged their world class reputation.
Last month, sixteen chiefs from the province of Ba had written to Fiji's Prime Minister Laisenia Qarase expressing opposition to a joint venture between Digicel and the Ba Provincial Holdings Limited.
The chiefs had urged the Government not to issue Digicel a license in Fiji because the management did not obtain approval from the company's board.
The chiefs, who have also addressed their concerns to the Ministry for Information and Communications, claim they are share holders of Ba Provincial Holdings Company.
They claim the joint venture between Digicel and the company is contrary to an earlier agreement between shareholders.
The agreement was to put to hold on all new ventures along with other issues like the review of the company's management team and review of company's board membership.
Digicel dismisses comments as untrue.
Fijilive-Friday August 25, 2006
Digicel has issued a statement in its defense, saying comments against the company and by the acting chief executive of Ba Provincial Holdings Limited are outrageous, mischievous, and untrue.
Digicel chairman Denis O'Brien said the contents of the two letters and what was said about the company damaged their world class reputation.
This is the first time Digicel has issued a public statement in Fiji after they were awarded a provisional Mobile Phone license two months ago.
The company's statement was in regards to a story broadcast on Fiji TV this week which revealed the Ba Provincial Holdings Limited tried to convince the President Ratu Josefa Iloilo to issue a 24 hour directive for Digicel executives to leave Fiji.
O'Brien said comments expressed by the Chairman and Ba Provincial Holdings are outrageous, mischievous, extremely defamatory and untrue allegations, they greatly damage Digicel's world class reputation and excellent track record.
Ba Provincial Holdings company acting CEO, Ratu Tevita Momoedonu alleged that Digicel was dividing the vanua of Ba.
However, O'Brien said Digicel had conducted itself with the highest integrity in Fiji, and had full confidence in the government of Fiji and continued to be fully committed to working with Government to introduce as early as possible the benefits of competition into the Fijian mobile telecommunications market.
He said their strong track record in delivering real value, unprecedented service and coverage as well as innovation to mobile customers in our Carribean markets that the people of Fiji would greatly benefit.
"Digicel has made its presentation to the Cabinet subcommittee on Investments where they were thanked by the Prime Minister Laisenia Qarase for their interest, and their intention to make a capital investment of approximately US 265 million dollars in Fiji for the next 15 years.
"Digicel has not allowed itself to become part of the current internal disagreements affecting Ba Provincial Holdings. Such issues are a matter for Ba Holdings and the Ba Council to settle amongst themselves they are not issues for Digicel to resolve," O' Brien said .
Digicel currently operates in 20 countries mostly in developing countries. They have a provisional license to operate a mobile phone service in Fiji.
Fight for your right
Media watchdog calls for submissions on Bill
By CHEERIEANN WILSON
Members of the public, the media and government have been urged to make submissions on the Broadcast Licensing Bill. Members of the Fiji Media Council met yesterday to discuss the Bill. Fiji Television Limited, Fiji Broadcasting Corporation and Communications Fiji Limited have expressed concern on the provisions of the Bill, which allows government to interfere with content and programming.
Council chairman Daryl Tarte said he had made a written submission. The Bill was criticised by media organisations as an attempt by the Government to curtail the media’s watchdog role. “I will make an oral submission along with the other council members on Monday,” he said. The Bill has been referred to the parliamentary select committee on administration services. Chairman Simione Kaitani maintained that the committee is bi-partisan and would remain focused on transparency, accountability and fairness.
“It is not out to gag the media, we are calling on people that would like to contribute to let us know. Our work is based on principles to see that the Bill is fair and in the best interest of the public,” he said.
When asked why the Bill seeks to interfere with media content and other matters that could affect media independence, Mr Kaitani said he was not in a position to comment on the GovernmentÂ’s behalf.
“Government has its reasons as well, in fact we are also asking government to come forward and make submissions as well,” he said.
“We have a responsibility and we seek the cooperation of the public. For the next two weeks the committee will work on the bill clause by clause, we welcome submissions for changes but we want to ensure the Bill is independent and fair.” He maintained that the purpose of the Bill is not political. Minister for Information Isireli Leweniqila could not be reached for comment.
Time to relook at native land
Wednesday, August 23, 2006
WHEN clans at Sorokoba blocked a railway line over an unsettled lease over the property, they were told in court that they did not own the land.
The judge told those clan members that the land actually belonged to the Native Land Trust Board and that the clans had no right to put up any sort of rail block.
That statement is one that has major ramifications around the country because the vast majority of land here is native land.
At the very least, it has ramifications over the terminology used and whether clan members should be called landowners at all if NLTB is the actual landowner under law.
Now we see another dispute arise over a primary school in Momi. The NLTB renewed the lease on the land without consulting the clans involved. The clans say they need the land in question for development purposes. They refuse to accept any renewal of lease over the area concerned.
Now the future of more than 50 students in the primary school on the land is in doubt.
NLTB says that the Government through the Ministry of Education has already paid the $10,000 demanded as premium, while the school's committee paid the balance of $1,500 as well as the other charges and rental.
These funds, NLTB says, have been distributed to the clans despite the clan members' protests that they did not want the lease renewed.
Now the clans believe that there is something seriously amiss with the NLTB itself.
It is ironic that the clan members say NLTB has acted as if it owned the land when it granted consent to the lease renewal without the clan members' approval.
For under the law, according to the judge in the Sorokoba case, NLTB does own the land. But surely that does not give NLTB officials the right to trample over the interests and concerns of people that the land is supposed to benefit.
There is something amiss within the NLTB if clans believe that the only way they can get attention is by taking over land. It is time for the Government to relook at the native land question and how native land is being managed in the country.
To do that, the Fijian Affairs Ministry and the Prime Minister's Office must open up the NLTB and find out exactly where it is going wrong when it comes to its relationship with clans.
Until that is done, we will continue to see clans resort to takeovers to be heard.
State bid to control broadcasts
By CHARLOTTE PETERS
Fiji Sun.
The broadcast media will come under state control under a Bill to be presented to Parliament. This will be done through a Broadcast Licensing Authority proposed in the Broadcast Licensing Bill now at public consultation stage. The declared objective of the Bill is to establish a fair, transparent system for licensing of broadcasters along with a system for ensuring that licensees operate in the public interest.
The authority consisting of a chairperson and five other members would be charged with the oversight of broadcasting in Fiji. The Minister for Information and Communications will have the power to appoint the members of the authority.
The minister may also remove any member ineligible for appointment to the authority, or who commits a serious breach of any function under this Act, engages in corrupt practices or is no longer able to effectively perform any function under the Act. Members are entitled to allowances determined by the minister. The authority is charged with the oversight of broadcasting in Fiji, consistent with Chapter 4 of the Constitution and with promoting the public interest in the broadcasting sector.
The functions of the authority are in accordance with government policy to be responsible for the issuing of licenses to provide broadcasting services to the public, to oversee the development of the Advertising Code and the Programme Code. The minister will be asked to formulate policies relating to broadcasting, including setting the number of broadcasting services that a broadcaster may operate, give general or specific policy directions in the public interest to the authority and - under the Bill - the authority will b obliged to comply with such directions.
Sacked group file injunction in court
Thursday August 10, 2006
Sacked board members of Ba Provincial Council Holdings Ltd filed an injunction in the High Court in Lautoka yesterday challenging the provincial council meeting held in Vuda last week. A hearing is expected today.
Claiming a major conspiracy against them, a spokesperson of the sacked management, Apolosi Bose is questioning how a provincial council meeting could be changed to a shareholders' meeting.
"For this, you need to follow the company's act," said Bose. Bose believes that it was purely an orchestrated meeting, which was moved from Lautoka to Vuda, the powerbase of Ratu Tevita Momoedonu (the new board member in Ba Holdings).
"We want an immediate investigation on what has happened," he said.
Ba Holdings board members were sacked last week, with the new board of BHL suspending all business transactions negotiated by the company under the leadership of its former chief executive Isimeli Bose.
This included a partnership with international mobile phone service provider, Digicel, which was proposing to set up a mobile service in Fiji. This is now in doubt. Some of the new board members in Ba Holdings are also on the board of Native Land Trust Board which owns Vanua Development Corporation Ltd.
VDC owns 51 per cent of PacificConnex (PCX), which is also proposing to set up a mobile service in Fiji. The rest is owned by businessman, Ballu Khan. Bose claims that as soon as the new management moved in, an accountant from rival company - PCX started doing a review of Ba Holdings Ltd financials.
"How can a competitor be allowed to review the financials of the company particularly as agents of PCX were openly lobbying against Digicel. It is like ANZ bank looking at the financials of Westpac bank," said Bose.
"Even if they were genuinely concerned about the financials, why not appoint an independent team to do the review."
Stop the fooling
By NANISE NAWALOWALO
Members of the new board of directors for Ba Provincial Holdings Limited yesterday called on the deposed chief executive officer of the company, Isimeli Bose, to stop making a fool of himself by saying he is still the legal CEO. Interim CEO Ratu Tevita Momoedonu said Mr Bose's actions were unbecoming of a man who once was a state minister and was well educated.
The defiance he said shown was a mere act of desperation on his part to try and restore something that he thought was once his but never was. The company belongs to the people of the Ba Province and I would like to remind him that no one is above the board and no one is above the shareholders recommendations, said Ratu Tevita.
The argument raised by Mr Bose that the meeting held in Viseisei Village on June 31 this year was illegal because it was to have been a Provincial Council Meeting that turned into a shareholders meeting was constitutional.
Ratu Tevita said at that meeting a unanimous decision was made for the old board to be terminated and a new board be appointed to carry out an immediate review of all the transactions of the company. He said a review of he company's business transactions and its dealings was long overdue and that a thorough review was needed because the company had not achieved some of its objectives.
The Digicel business dealing that Mr Bose claims is the cause of his being removed from the office is not the only reason why he was removed along with his staff, said Ratu Tevita. He said Mr Bose breached policies that included the company should invest in real estate and those ventures that had proper track records and not speculate or try to pioneer new businesses.
He said the Digicel dealing was the least of the new board's worries because there were many other dealings that were questionable. With or without Digicel the dirt was already there and that is what we want to clear and get out of the way, said the former Ambassador to Japan. Ratu Tevita said Mr Bose had his own vested interest in the company and he was building an empire of his own.
Role of NLTB
THE unfortunate incident last week involving the commercial arm of the Ba Provincial Council has brought to light some serious questions to be addressed.
My focus is not on Ba Holdings Limited and its dealings with Digicel. It is on the NLTB and Pacific Connex.
As a layman, I would assume that the Native Land Trust Act governs how the NLTB carries out its function as a custodian of Fijian land and adviser to landowners.
What is Pacific Connex?
Is it the commercial arm of the NLTB? How was it formed? Does the NLT Act makes provision for such ventures or non-core activities, as one might say?
If the local millionaire is a shareholder, where did the NLTB get its funds from to be the other shareholder? Was it a government grant? Was it interest from landowners' money pending collection because of title dispute or non-registration in the Vola ni Kawa Bula?
Did the NLTB raise its funds from the capital markets to pay part of its shares?
As a layman and an indigenous Fijian I am concerned at what the NLTB is turning out to be. Is it a saviour for Fijians or a monster working through the influence of others to get a bigger piece of the pie?
My fellow Fijians from the province of Ba have a huge amount of resources. My advice to them is to be very careful about how to use them.
It's always wise to use the Monasavu case as a learning point and their legal representative is not bad at all.
Aca Domolailai
Nasinu
New board for Ba Provincial Holdings Ltd
1 Aug 2006 17:57:15
More details today on what transpired at the special meeting of Ba Provincial Holdings Limited yesterday.
A new board has been appointed - they will review the operations of the company and report to the council in three months time.
The new board is made up of TAUKEI SAWAIEKE - RATU TEVITA MOMOEDONU as chairman the TAUKEI VIDILO - RATU VILIAME BOUWALU, ERONI LEWAQAI, SAIMONI NAIVALU, PONIPATE LESAVUA, JOSAIA DRISO, RATU TEVITA LEWARAVU, MESAKE SAUKAWA, ASESELA SADOLE and SIVA NAULAGO.
Nationalists want new book bannedIt is rather disappointing to hear about these so-called nationalists trying to lobby policies that belong in the dark ages and disguising it as offensive to the vanua.
8 Aug 2006 18:06:03
The Fiji Nationalist Party says it will lobby for government to stop the launch of a book written by former politician Sir Vijay R Singh. The book, SPEAKING OUT contains Sir Vijay's thoughts on Fiji in the decade 1995 to 2005.
Nationalist party president Saula Telawa says excerpts of the book are in-sensitive to Christians and the principles they believe in.
Even before it's hit the book-shops. Sir Vijay R Singh's new book has attracted attention for the wrong reason.
This is a glimpse of the book cover, courtesy of an invitation sent by the University of the South Pacific last week.
In an excerpt printed on the flip side of the invitation, Sir Vijay writes.
The marches claimed to express their extreme disapproval that the Prime Minister is an Indo-Fijian one may well ask how they reconcile their repugnant racist sentiment on the weekday with their purported devotion to the biblical precept of the brotherhood of man on Sunday.
The marches claimed to express their extreme disapproval that the Prime Minister is an Indo-Fijian one may well ask how they reconcile their repugnant racist sentiment on the weekday with their purported devotion to the biblical precept of the brotherhood of man on Sunday.
Today the nationalist party has taken exception to this.
Saula Telawa along with his fellow nationalists took the streets in 2000 to campaign against the Fiji Labor Leader and the than Prime Minister Mahendra Chaudhry,
(Translation: It can't happen.Thee bible says just leave them, separate yourselves from them)
Telawa says he will raise his concerns with the Prime Minister Laisenia Qarase and possibly the Methodist Church. He says Sir Vijay's thoughts are in-sensitive to Christian beliefs and the vanua.
Speaking Out is scheduled to be launched at USP next Wednesday.
Not your land, it's NLTB's, says court
Thursday, August 03, 2006
The court has given the Native Land Trust Board and the Fiji Sugar Corporation two days to resolve the dispute.
The High Court has told landowners they have no right to block a railway line because the land concerned is legally vested under the Native Land Trust Board.
High Court judge Justice John Connors gave the Fiji Sugar Corporation and the Native Land Trust Board two days to resolve the land dispute.
Justice Connors told the villagers they must not take the law into their own hands and warned that there might be serious repercussions if their actions were repeated.
Justice Connors told members of the Mataqali Masokanalagi that they had no proper rights under the NLTB Act to make demands for premiums and payment.
"There's nothing under the Act that gives them that right," he said. He told them the NLTB was the body that had powers to make such demands. The NLTB, FSC and landowners were defendants in a case filed by the Sugar Cane Growers Council.
The two landowners who appeared in court yesterday gave an assurance that the blockade had been removed. Samuela Naisau told the court that they respected its injunction and removed the blockade.
The members of the mataqali sealed off a railway track leading to Rarawai Mill three weeks ago, leaving thousands of farmers in parts of Ba and Tavua with no option but to transport their crop by lorries.
The dispute was over non-renewal of leases for land the railway runs through. Justice Connors told the lawyers of the three parties NLTB, FSC and the landowners that they must report to court on Friday.
He gave NLTB and FSC two days to discuss issues relating to Sorokoba, hoping to put pressure on them to resolve the matter.
He said in that way, a speedier resolution might have been arrived at.
The landowners were represented by Lautoka lawyer Mosese Naivalu. Corporation lawyer Faizal Hanif said the two parties had been meeting all of yesterday and were progressing well in their discussions.
But he said they were yet to reach common ground. Board lawyer Kemueli Qoro said the two parties were making every effort for the lease to be renewed.
Council chief executive Jagannath Sami said the council took legal action as a final bid to bring together all the parties involved in the dispute. Council lawyer Shalen Krishna said in court that he hoped the judge's call for an early review into the matter would solve the whole issue.
The board was represented by Kemueli Qoro and Mr Naivalu represented the landowners.
S.i.F.M has seven words for these scoundrels of the lowest order:
"We're not going to sit in silence!"