Tui Nadi’s position challenged

THE High Court in Lautoka has allowed a claimant to the Tui Nadi title to seek a judicial review on the appointment and installation of another chief to the position.

Ratu Kaliova Dawai can now challenge the decision of both the iTaukei Lands and Appeals Tribunal, and the iTaukei Lands and Fisheries Commission.

Both agencies had declared Ratu Vuniani Navuniuci to be the rightful Tui Nadi.

Ratu Kaliova had gone to court claiming the decision of the iTaukei Lands and Appeals Tribunal and the iTaukei Lands and Fisheries Commission were “in breach of rules of natural justice, illegality, unreasonableness and legitimate expectation.”

After assessing evidence before him, judge Justice Mohamed Ajmeer ruled the Appeals Tribunal and the Fisheries Commission had failed to assess the evidence properly.

“A failure to assess the evidence properly, resulting in a decision which appears to be unsupported by the evidence, can also be characterised as failure to take account of relevant considerations,” said Justice Ajmeer.

He said the tribunal’s decision affected Ratu Kaliova’s status in the village.

“The decision directly interferes with his personal right to hold the position as Tui Nadi.”

Ratu Kaliova and his lawyers were given 14 days to file the necessary paperwork for judicial review.