Administrativeproblems should have anadministrative solution,not a legal one, says SocialDemocratic Liberal Partyleader Viliame Gavoka.
He made the comment inrelation to Governmentsplan to amend the iTaukeiLand Trust Act of 1940.
During debate on the2021-2022 AppropriationBill in Parliament yesterday,he said Bill No. 17 destroyed a fundamentalprinciple of ownership inorder to solve an administrativeproblem.
Administrative problemshould have an administrativesolution, you dontgo and change the basicfundamentals of law toprovide an administrativesolution, Mr Gavoka said.
The Bill removes thefundamental rights ofownership and discretionin relation to onesproperty, and attempts tojustify it, based on the administrativeshortcomingof a third party.
He said there weremany ways to improve theiTaukei Land Trust Board.If we take this approach,the administrativeproblem solving, we end upin anarchy.
If we use the same logicas proposed under this Bill,then every time a governmentdepartment or statutoryauthority delays inhis administrative process,we should solve this bymaking away the need toapply for any consent at all. Thats what youre sayinghere.
The logic behind theBill is an absurdity and itcan only lead to chaos, andit is not the logic on whicha modern society shouldbe built.
The Bill is legallyflawed and it is tragic thatthe landowners, a peopleknown for their generosity,are victims of this flaw.
They should not betreated in this manner, amanner that is disrespectfuland not the Fijian way.
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