Blog Archives

Vote buying from Indo-Fijians or honouring the indentured dead? India ponders building monument in Bainimarama's Kiuva village to "honour" lives of Indian coolies lost in "The Wreck of Syria" on 11 May 1884

29/9/2013

THE Indian High Commission is considering building a monument in Tailevu to remember the lives of indentured labourers who died on the ill-fated Syria.

High Commissioner Vinod Kumar visited the two grave sites at Vunivatu Bay along Kiuva Beach and Matanicagi in Tailevu on Saturday where the girmitiya are buried, close to the spot where the slave ship struck a reef.

"We are grateful to the people of Kiuva for offering their land to bury the unfortunate victims that were on board the Syria," Mr Kumar said.

"This was the first time I visited the grave sites and my thoughts were with the victims, the conditions of their travel and their unfortunate end."

The villagers of Kiuva requested that a pathway be built as a trail to the cemeteries at the two sites.

"I will make these requests to the government of India as soon as possible," Mr Kumar said.

"The government of India will have to look at it and make a decision."

Mr Kumar said the villagers also requested assistance for the upgrading of roads in the area but Mr Kumar said this request would be sent to his government later.

"The government of India is thankful to Kiuva Village and other nearby villages for supporting the passengers from the Syria, for helping bring back those who were still alive and also offering their land for the burial of the unfortunate victims."

Village spokesman Seremaia Waqainabete said the trail to the grave sites and the monument were deserving of the victims buried there as they gave up their lives to travel to a foreign country.

"This will recognise their unprecedented contribution to what Fiji is today," he said.

"Their monument will commemorate their sacrifice and allow the dead to rest in peace."

Source: The Fiji Times, Monday, September 30, 2013

Indian High Commissioner to Fiji Vinod Kumar during his visit to Kiuva Village in Tailevu on Saturday

INDIA GAVE THUMPS UP TO FIJI COUP
“A diplomatic colleague had dinner with Indian High Commissioner Ajay Singh a few days ago. Singh, who has made no secret of his support for the interim government’s “clean up” effort, described the present Fiji environment as pay-back time.” Chaudhry’s vindictiveness against the Post and FMF is illustrative, but Singh probably meant “pay back” more broadly against those who supported the 2000 coup that removed the Chaudhry government, and more broadly yet against those who have suppressed ethnic-Indian interests in the past. We suggested to Singh at the time of the coup that the Indian Government, the world’s biggest democracy, should condemn the RFMF action. Singh argued that many Indo-Fijians were supportive of Bainimarama’s efforts. We suggested that any obvious Indo-Fijian enthusiasm for the RFMF would be playing with fire. Since then there have been many instances of Indo-Fijians complaining to the RFMF about ethnic-Fijians and of RFMF troops then enforcing street justice with no due process. To date, nothing has exploded into flame, but there is certainly a danger of “pay back” reversing course with tragic consequences.” - The former US Ambassador Larry Dinger re Wikileaks cables.

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OVER THE MOON: United Nations Secretary-General Ban Ki-Moon receives the 2013 Constitution of Fiji from Bainimarama at the UN headquarters as he is assured of free and fair elections in September 2014

29/9/2013

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FIJI CONSTITUTION UP IN SMOKE! Fiji Democracy and Freedom Movement in Australia burn Khaiyum-Bainimarama Constitution as protest against the way it was foisted on the people of Fiji

27/9/2013

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All we have is Aiyaz Khaiyum's word that 540,000 people have registered. Now, SODELPA wants him to release evidence of the Registration of Provisional Voter Rolls to suspecting public for verification

27/9/2013

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As nephew tells aunty Nur Bano Ali's client One Hundred Sands Ltd to "cough up" $100,000 penalty fine from October for not building casino, more land dispute claims emerge from Labasa High Court records

25/9/2013

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Retired Pastor ILIMO TULEVU (i) the plaintiff (One Hundred Sands Ltd) is trying to evict him from the land of his birth where he was raised as a child and which he has occupied and continue to occupy under customary beneficial occupation over 70 years;(ii) that the portion of land was allocated to him and his family as his share of his parents customary reserve in accordance with custom and tradition;(iii) that he knows that some of the members of the Mataqali want my land to be leased to the plaintiff and iTLTB has probably acted on their desire in purportedly granting the lease to the plaintiff but that he says that the granting of the lease is wrong in that it is contrary to the iTLTB Act.(iv) That he and his wife live on this land and have planted coconut trees there from the 1940's to the 1960's and built a house there in 1990;(v) That my two brothers have traded off their share to the plaintiff and some Mataqali members have given their consent by which they have effectively chosen to change their way of life forever..."

5 September 2013.
H ROBINSON
MASTER, HIGH COURT,
LABASA

1: Background

The plaintiff entered into an agreement with the the iTLTB in May 2007 to lease, for tourism purposes, a portion of land known as 'Nukubalavu" which is situated at Viani Bay in Cakaudrove, Vanua Levu. The land in question is native land and belonged to the land owning unit or the Mataqali Sinu of the Yavusa Navadra in Viani Village whose consent was first obtained prior to the granting of the lease. For these purposes the contracting parties drew up and signed a document titled an Agreement to Lease" (hereinafter referred to as "the lease") on the 2nd May 2007. The land as stated on the lease is subject to survey but consists of approximately 20.4475 HA. The term of the lease was for 99 years and the consideration was $400,000:00. Upon payment of the consideration and the rental the Plaintiff was to take possession of the land and to thereafter proceed to the construction of the tourist resort in accordance with the provisions of the lease.

From the affidavit filed in support of the application it appears that some of the members of the landowning unit were residing on the land which is now leased. This land is outside the village boundary but that some villagers have chosen to reside there rather than in their village so that they can cultivate and live on their traditional land. The affidavit evidence seems to show that these people agreed to relocate to another place or to their village on payment to them of certain monies towards relocation to enable the plaintiff to lease their land for tourist purposes. In fact there are some evidence of payments made to those people and they in turn have relocated either to their village or to other places.

The defendants, however do not wish to relocate and state that they were not consulted before the lease was granted nor did they consent to it. That their family house and farm is on the portion of land and that they should not be relocated anywhere else. That the 1st defendant in particular states that he has been in continual occupation for as long as he can remember and that he is now 78 years of age. In relation to the payment of monies for their relocation the defendants affidavit evidence appears contradictory in that some payment were paid to them through third parties and some payments were for purposes other than relocation.

It is within the above scenarios that the initial originating summons pursuant to Order 113 was filed and thereafter this application to convert the matter to a writ action. This is what has to be determined now.

2: The Application

The summons was supported by an affidavit sworn at Labasa by the 1st defendant Mr. Ilimo Tulevu on 28 February 2013. The defendant's sworn affidavit states briefly that:-

(i) the plaintiff (One Hundred Sands Ltd) is trying to evict him from the land of his birth where he was raised as a child and which he has occupied and continue to occupy under customary beneficial occupation over 70 years;

(ii) that the portion of land was allocated to him and his family as his share of his parents customary reserve in accordance with custom and tradition;

(iii) that he knows that some of the members of the Mataqali want my land to be leased to the plaintiff and iTLTB has probably acted on their desire in purportedly granting the lease to the plaintiff but that he says that the granting of the lease is wrong in that it is contrary to the iTLTB Act.
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Casino developers to start paying fines

One Hundred Sands Limited the developers of Fiji’s first ever Casino project will have to pay a fine US$100,000 from October 1st.

Acting Prime Minister Aiyaz Sayed-Khaiyum says this penalty clause was part of the conditions under which they were issued the casino license.

The company will be paying US$100,000 for every month until the development is completed.

“Obviously it is of concern to us as you know under the license conditions certain milestones needed to be met. Of cause the main one is the Casino needed to be operational by 1st October of this year and if they won’t they are liable to pay US$100,000 penalty a month which they will start incurring from 1st October which is in a week’s time.” Source: FBC News

Casino rot deal resurfaces. Bainimarama, Claunch and Khaiyum dicing with dodgy investment casino deal

(iv) That he and his wife live on this land and have planted coconut trees there from the 1940's to the 1960's and built a house there in 1990;

(v) That my two brothers have traded off their share to the plaintiff and some Mataqali members have given their consent by which they have effectively chosen to change their way of life forever.;

(vi) that I have opted not to, and opted instead to maintain the way of life that my ancestors have done for thousands and thousands of years and I have expressly stated that position to the plaintiff, to the Itaukei Land Trust Board and to the other members of my Mataqali;

(vii) that I sincerely and verily believe that this case should now progress as it begun by Writ orders that the plaintiff is to file a statement of claim that the iTLTB is to be included as a party and the defendants are to plead their counter-claims;

(viii) that most if not all of the facts put forward by the plaintiff has even saw the need to file a reply affidavit is disputed by the defendant and that the factual issues are not agreed and the resolution of these factual issues can no longer be resolved by Affidavit evidence because of that and there is real need that evidence is properly scrutinized by the examination and cross examination of witnesses in a trial;

(ix) that the originating process is appropriate only where issues of fact are not disputed but it is not the case here;

One Hundred Sands Response:

In opposing the application the plaintiff filed a sworn affidavit deposed by Ms. Barbara L'Ami, Company Director of Narain Heights Savusavu. She states that:

1. She is currently employed by the plaintiff as its Director of Client Relations and Property Management, and is authorized by the plaintiff to swear this affidavit on its behalf;

2. that she is in charge of the plaintiff's property management and related matters since 1st February, 2010 and that some of the matters deposed herein are within my personal knowledge and others have been obtained from accounts and records maintained in the relevant files;

3. that the plaintiff vigorously opposes the application in that the defendant should have brought the application promptly and expeditiously and that this application has delayed the hearing of the substantive matter;

4. that it has been a year since the originating summons was filed and nine months since the Notice of Appointment but there has been no progress in getting the matter to a hearing on account of the defendants constant request for further time and various interlocutory applications;

Conclusion: Master Robinson

The conclusion ought to in my view be that the application to continue the matter as if begun by writ action is granted. It follows that in respect of whether the plaintiff joins another party as a defendant is a matter for them to decide. Given the conclusion it is unnecessary to grant prayer (c). In relation to cost however I am of the view that the defendants should pay for the cost of the application based on the unnecessary delay in making the application.

Orders and Directions

(1). The application to continue the matter as if begun by writ is granted.

(2). That the defendant to pay the cost of this application which is summarily assed at $1000:00.

(3). That the plaintiff do within 21 days file and serve a statement of claim to the defendant.

(4). That the defendant within 21 days thereafter file and serve a statement of defence.

(5). That the matter is further adjourned before me for directions on 18 October 2013.

Fijileaks Editor: What Barbara L'Ami did not disclose is that she, with Larry Claunch, is one of two directors of One Hundred Sands Limited.

Read Full Judgment

Charm offensive as Larry Claunch takes Bainimarama-Khaiyum for a spin with his casino plan

The Casino Plan

Casino (Operator) Decree
This confers an exclusive licence on One Hundred Sands Limited to operate a casino, and gives it a 15 –year tax holiday. The scheme confers functions on a ‘Fijian [sic] Gaming Commission and Control Board’ which does not exist at present.

Comment: The drafting is very defective, almost to the point of incomprehensibility, and the policy might be open to question, but no human rights issue appears to arise on the substance of the Decree. There is however an ouster clause at section14 which should be repealed. - The Ghai Commission

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Resistance to tyrants is obedience to God. Archbishop Peter Chong and Fiji's "Judas Iscariot Bainimarama" lock horns on the role of religion in the new Constitution

19/9/2013

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Archbishop Chong: Government has stifled Church and denied public to openly practice religion

THREE weeks after the 2013 Constitution received presidential approval, the head of the Catholic Church in Fiji, Archbishop Peter Chong, has expressed concern about the provision of the documents that states "religious belief is personal".

Interpreting this clause of the Constitution, Archbishop Chong said the government had somehow silenced the church and deprived the people of the right to pursue religious truth in the public sphere.

The archbishop said as a church leader the issue was of major concern because it would limit the church on a personal level, thus rendering it voiceless and giving it no opportunity to make contributions to society.

He said world-renowned religious groups such as Hindus, Muslims, Buddhists and Christians want to share their truth and help people through their faith to work towards a common truth.

Chapter one of the 2013 Constitution states religious liberty, as recognised in the Bill of Rights, is a founding principle of the state.

It also says that religious belief is personal.

Archbishop Chong said although religious belief or faith was a personal matter, it also had a public nature.

"Although faith or religion is a personal matter it also has a public nature regardless of whether you are a Hindu, Muslim or a Christian," he said.

"When we have a claim to the truth, we want to put in a public sphere so people can benefit from that truth we've found.

"That is the nature of faith and when God reveals himself, people are then sent to God to receive his revelation. "Every religion has a truth to uphold and claim because we believe God reveals himself through our religious symbols."

Archbishop Chong said this was what inter-religious dialogue, inter-faith search and the Ecumenical movement were based on because of the public character of religious belief. "We theologists are the best people to interpret or explain this."

The archbishop further explained that if the church wanted to speak about human rights in the public sphere, it would be seen to be violating the Constitution under this provision.

He said when people were deprived of their rights and beliefs they would be confused, therefore placing limits on their freedom to express themselves.

Archbishop Chong said when a religion was limited to a personal matter "you are infringing on people's right to freedom of expression".

This, he said, contradicted the Bill of Rights clauses in the 2013 Constitution which uphold this freedom. "This is why we want to put our message out to the public because we value this truth." - Source, Fiji Times

In happier times. Now Archbishop Chong condemns Bainimarama's despotic exercise of power over the people of Fiji

Bainimarama: Archbishop Chong confuses secular state in Constitution

The comments by the Catholic Church Archbishop of Fiji that the Constitution deprives Fijians of the right to practice religious beliefs in the public sphere are incorrect.

This is according to the Prime Minister Commodore Voreqe Bainimarama after Archbishop Peter Loy Chong in an earlier interview with Fijivillage raised concerns with the new Constitution which states faith being a personal matter.

Commodore Bainimarama said nowhere in the 2013 Constitution is there any limitation on expressing religious belief publicly, individually or in a group.

According to Bainimarama the Bill of Rights expressly guarantees a Fijian's right to freedom of religion, conscience and belief and right to freedom of expression.

He said it is deeply troubling that the Archbishop has demonstrated such a fundamental lack of understanding of the Constitution's provision for a Secular State.

The Prime Minister added that such comments clearly have the potential to inflame public opinion which the Archbishop and other religious leaders have a special responsibility not to spread misinformation, and they must uphold that responsibility.

Archbishop Chong in an earlier interview said he had not read the constitution in full but only the part of Fiji being a secular state and faith being a personal matter. The Archbishop said the faith being a personal matter is a concern for him as churches will now be limited to society.

According to the constitution, Section 22(2) states “Every person has the right, either individually or in community with others, in private or in public, to manifest and practice their religion or belief in worship, observance, practice or teaching.”

The government has also set the non-negotiable that Fiji will be a secular state and there will be no special preference for any religion. Source: Fijivillage News

"When a religion was limited to a personal matter you are infringing on people's right to freedom of expression" - Archbishop Peter Chong

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The lies that keeps on flying: Fiji Airways CEO hurriedly summons local media to "explain" away Waqavuka Financial Ltd and FNFP's $200m loan while refusing to answer any questions from Fijileaks Investigation Team

18/9/2013

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While Fiji Airways CEO Stephan Pichler and the airline's PRO Shane Hussein and FNFP CEO Aisake Taito refused to answer any questions from Fijileaks Investigation Team researcher VICTOR LAL who is investigating the "Scam in the Sky" deal involving Fiji Airways, Fiji National Provident Fund, the Fiji government and Waqavuka Financial Ltd in Ireland, the new Fiji Airways CEO was hurriedly rolled out to explain in "detail" to the local media the relationship with Waqavuka and its part in the acquisition of the three Airbus aircraft. Fijileaks believes the questions and answers were carefully formulated in the hope of pre-empting the airbus scam Victor Lal will be revealing to the general public via Fijileaks.

19 September, Fiji Sun

Fiji Airways CEO refutes claims on Waqavuka

By RACHNA LAL

Fiji Airways managing director and chief executive, Stefan Pichler, yesterday laid to rest allegations and concerns over the ownership of the airline’s new Airbus A330 aircraft. Questions have been raised about the ownership of the aircraft, following numerous allegations on anti-Government blogs and social media.

Mr Pichler has outlined the facts regarding the ownership of three brand new aircraft, arrival of which led to enormous national pride. The new A330s are an integral part of Fiji Airways’ plans to restore the national carrier to its role of a proud flying ambassador for Fiji.

Mr Pichler explained technicalities behind the financing structure as Fiji Airways bought new aircraft, to replace ageing and expensive leased aircraft. He refuted claims about the purchase.

Here’s answers by Mr Pichler to a series of questions that have arisen.

1. Pictures show that the engine for the Airbus carries the Waqavuka name as the owners.

The engines belong to Fiji Airways, and follow the same financing structure as the aircraft itself. This structure is detailed further below.

2. Are the engines fitted to the A330 planes subject to a user pay arrangement similar to the FEA bill?

Fiji Airways owns the engines, but in order to maintain them and support them whilst in operation and as part of the A330 Rolls-Royce purchase deal, we entered into a Total Care Services Agreement (TCA) with Rolls-Royce. The structure of this service deal is that we pay an amount per Engine Flight Hour (EFH) per engine to Rolls-Royce for covered services which include Engine health monitoring, Engine reliability improvement & reporting, Engine Maintenance Planning (EMP) service, Engine transportation, specialist line maintenance and Engine Overhaul services.That is best practice in our industry as it is the most efficient way to maintain and support our engines. It is a very typical inclusive arrangement that many airlines use, especially with Rolls-Royce.

3. How was Waqavuka Financing selected and/or formed? Is Waqavuka a Fijian-owned company? What are the business activities of this company ? Is it needed to get import credit from European banks. Does that mean Fiji Airways could not get the loan from European banks if it didn’t partner with the European Export Credit Agency (ECA) ?

Waqavuka Financing Limited is a wholly independent special purpose company based in Ireland, owned by neither the German banks (KfW IPEX-Bank and Helaba) nor Fiji Airways.

Its role is to ‘own the A330 aircraft’ until the German bank loans are fully repaid. Note that use of the word ‘own’ is a technicality, as this company is set up purely to hold the deeds of the aircraft while the loan is being paid.

Waqavuka Financing Limited is owned by a corporate managing subsidiary of Deutsche Bank. Neither Fiji Airways nor the German banks have any ownership interest in Waqavuka Financing Limited.

Once the loan is fully paid, the ownership is transferred to Fiji Airways. It is like a financial lease deal for a car or if you purchase a house or a flat. You will only get your title deed once you have fully paid.

Wakavuka Financing Limited exists only to help Fiji Airways with its European financing. It sits as a neutral party between Fiji Airways and its German lenders. Think of it as a warehouse, holding the deeds of each aircraft until the loan is repaid. The use of a “warehouse” company is necessary in order to obtain access to funding support from the European Export Credit Agencies. That support from the European export credit agencies in turn reduces the interest rate which Fiji Airways has to pay to the German banks.

The company’s name was chosen by Fiji Airways staff to create a unique, truly Fijian link.

4. Why do Fiji Airways and the German banks need Waqavuka Financing Limited in the middle?

This is a requirement of the European Export Credit Agencies (ECA). Unless an aircraft is owned by a neutral third party, the European Export Credit Agencies will not provide support for the financing.

Without support from the European export credit agencies, the interest rate payable by Fiji Airways would be much higher and result in higher airfares for our passengers – something we are always keen to avoid.

The reason that the European Export Credit Agencies insist on the aircraft being owned by a neutral third party is to make it easier to enforce their security/collateral if needed. A neutral third “shelf company” is not likely to take steps to prevent the banks/European Export Credit Agencies from enforcing their security over the financed aircraft. The European Export Credit Agencies require this neutral third party to be located in a neutral jurisdiction to reduce the risk of local courts protecting local interests. Tax reasons make Ireland a good European location for this purpose.

The use of an intermediate company is a technique common in aircraft financing transactions, whether or not those financings involve the European or American Export Credit Agencies, whereas the Americans secure the loans for Boeing purchases.

For example, Fiji Airways used a very similar structure when it successfully financed the purchase of three B737s in the late 1990s. This is a standard aircraft financing technique, used by most airlines around the world in such transactions. All parties to the financing agreement used international aviation finance lawyers to verify and facilitate the creation of this financing structure.

5. The ownership plates on the A330 aircraft are confusing, can you explain the rationale?

The ownership plates clearly identifies the party that currently owns the aircraft (Waqavuka Financing Limited), the party that holds the aircraft as security (mortgage) against the amounts lent by the German banks (KfW IPEX-Bank and Helaba), and finally the party to whom the aircraft will be leased until the loan is repaid (Air Pacific Ltd./Fiji Airways Ltd.).

The reference to “Air Pacific Ltd/Fiji Airways Ltd” is due to the timing of the financing co-inciding with the process we undertook to change our trading name from Air Pacific to Fiji Airways. The use of two names for the one airline was intended to avoid the need to replace the nameplates at a later date. This saved time and money.

6. What happens if Waqavuka Financing Limited goes bankrupt?

As a practical matter, Wakavuqa Financing Limited will only enter into the loan documentation for these A330 aircraft, and will do no other business. Provided Fiji Airways continues to pay all amounts that Fiji Airways has committed to pay (under the financing contracts), then it is impossible for Wakavuqa Financing Limited to become bankrupt. Problems could only arise if Fiji Airways stops making the payments it is supposed to make under the financing contracts.

In this scenario of a default by Fiji Airways, Fiji Airways is in the same position as any defaulting borrower under a home mortgage – there is a risk that the lender/mortgagee will take its security (the A330 aircraft) and sell it. In this case, however, the German Banks will look first to the European Export Credit Agencies (who provide a guarantee of Fiji Airways). It will then be up to the European Credit Agencies to decide whether to repossess our aircraft and sell them.

This is an unrealistic scenario, as the Board of Fiji Airways will make all payments on time.

7. Is the repayment to FNPF, coming from Fiji Airways’ operating profits ?

As our commercial arrangements with FNPF are confidential, we’re unable to discuss details of this in public. This would be a breach of our contract with FNPF.

But of course, Fiji Airways will repay the loan to FNPF (as stipulated in our agreement with FNPF) as to any other credit provider and this is part of the ongoing business plans. Of course the repayment of debt will impact profits every year.

The security of the pensions of all Fijians are not impacted at all, as FNPF also has a collateral against their loan.

8. How do you perceive the public discussion of this issue ?

Well, in general we are a commercially run business and do not want to get involved in any political discussion. We adhere to international financing and regulatory standards and instruments in order to have a safe, secure and profitable airline.

We serve all Fijian people. But we don’t want to be part of any political discussion.

We have a business to run in tough global market conditions. And that is what we need to focus on

Fijileaks Editor: See also Fiji Times: "Mr Pichler took time out yesterday to discuss in detail the relationship with Waqavuka Financing Limited and its part in the acquisition of the three Airbus aircraft."
CEO explains Waqavuka

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CCF's Analysis of the 2013 Constitution: Fijileaks provides excerpts! Prime Minister has been granted unprecedented power relative to the legislature and judiciary, and over the supposedly ‘independent’ offices

17/9/2013

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Download Full Analysis

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Citizens' Constitutional Forum's Analysis of the 2013 Constitution of Fiji

17/9/2013

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"Of greater concern, the Government has not made available the 1,093 written submissions received by the Attorney- General’s office. It is therefore impossible to understand what motivated any of the changes from the March 2013 Draft to the Fiji Government Constitution, or indeed whether these changes were reflective of the wishes and concerns of the people of Fiji. Moreover, when the Government released the Fiji Government Constitution on 22 August, 2013 it was widely understood that this was the final version. But when the President assented to it on 6 September, 2013 the assent was to a version to which revisions had been made. Compare all of this to the 2012 Constitutional Commission, which had every one of its over 7,100 submissions posted on its website and available for consultation in person. It also published a report explaining its decisions in developing the 2012 Draft Constitution, and relating those decisions to the views it received in public meetings and submissions."

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As Fiji Leaks exposed last week, Khaiyum now admits he presented two different versions of the Constitution of Fiji - says he made changes to the Section 29 covering iTaukei land

17/9/2013

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Constitutional con job on Fiji

Fijilive reports:

Fiji’s Attorney General Aiyaz Sayed-Khaiyum admits there are some differences between the copy of the constitution which was released on 22 August and that which came into effect two weeks ago.

He said the amendments made to the constitution that was assented to by the President Ratu Epeli Nailatikau two weeks ago only served to tighten up the already existing provisions.

One of these included the change in titles of section 28 and section 29 from “ Protection of iTaukei, Rotuman and Banaban lands” to Rights of ownership and protection of iTaukei, Rotuman and Banaban lands and from “Protection of rights and interests in land” to “Protection of ownership and interests in land”

Read Fijileaks original expose HERE

Another aspect he said the amended document protected like never before in any constitution is the interest of landowners and tenants which sees an additional three subsections added onto Section 29 to strengthen it. One of these is subsection four which states that all parliament and cabinet must ensure that the landowners get a fair and equitable return while protecting the land lessees and land tenants capturing “in a much wider sense the provisions in ALTA.”

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