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SAVED BY POWER OF THREE VOTES for another TWO Years at USP. But Pal Ahluwalia's re-appointment is LAST NAIL in the COFFIN of the USP

7/12/2023

THE POWER OF THREE GOLDS
Fiji's Golden Wonder Boy Yeshnil Karan, described by Sitiveni Rabuka as 'Vulagi', welcomed home by his family at Nadi

THE POWER OF THREE VOTES AND YET AHLUWALIA is running affairs of USP from his base in SAMOA. USP's Robinson Crusoe' refuses to 'paddle back to Fiji'

From 'A USP Whistleblower'

The contract extension of Pal Ahluwalia as Vice Chancellor of the University of the South Pacific (USP) will be the last nail in the coffin for the regional institution. The University Council members voted in favour of a 13-10 split. A disaster for the region. Under Ahluwalia's watch, enrollment at USP went through a downward spiral at around 30% for the last three years (see graph below). Ahluwalia allegedly created the circumstances for this massive decline by politicising the USP system. If the trend continues, especially under his new two-year term, USP will become untenable and unsustainable and will, unfortunately, have to close down as a university. It's a desperate situation.

The complaint against the late Professor Rajesh Chandra, the former VC, was not for good governance as Ahluwalia claimed. Still, a way of diverting attention away from his dictatorial style while fulfilling his ego, he's doing exactly what he complained about. He's, in fact, worse. He "looks down on local and regional staff; he's authoritarian; he lacks human empathy and reason; he's myopic and self-centred in his power; he has no leadership qualities; and he's incompetent as an academic manager"

He has sacked and sidelined anyone who disagrees with him, including UPA senior managers and team members. He has a bad case of inferiority complex that triggers his alleged bullying personality. He consistently lies and twists facts. He lied about not being involved in the appointment of Dr Mahendra Reddy for the performance of USP and keeps changing his tune and behaviour to suit his interests.

Under his watch, USP has slumped towards incognito and irrelevance. He has the cheek to boast about USP ranking, but the ranking is so low and is a cause for embarrassment. His KPI needs to be stated in his reports, and no one knows what's happening at the management level.

Lack of confidence and trust

One of the main reasons for the dramatic decline is the need for more confidence and trust in the institution. We can no longer blame COVID-19 or the expulsion of Ahluwalia because those are water under the bridge now. Staff and students have lost faith in the VC and want him out. As the team will tell us, the USP system is dysfunctional and close to disintegration. Ahluwalia's leadership and management skills are nearly nonexistent, and word has spread widely among students.

They are voting with their feet. Governments and parents have lost faith and are withdrawing their students from USP in large numbers. Furthermore, under his watch, senior staff members have left, and the university is not in a position to provide quality supervision of MA and PhD, a reason why Fiji is no longer giving post-graduate scholarships for USP but will instead send them to NZ. Other regional governments are doing the same thing.

The students suffer, and as can be seen from the graph below, the competition rate of students is one of the worst in any university in the world, a reflection, not of the quality of students, but of the quality of education and support system at USP under Ahluwalia's reign. The meagre completion rate of 18% is a total disaster (See Table below). This would have led to the closure of universities elsewhere because a 50% completion rate is considered red zone in many countries.

Comparison with Fiji National University

Amidst this USP disaster, Fiji National University was enjoying an increase of 13% between 2021 to 2022 (from 21,226 to 24,282) (see Table below). This is where a lot of students are moving. With the appointment of the new VC in Professor Nabobo-Baba, a local scholar, this will soon see a surge in the future as our regional institution slowly melts away into the ash heap of history.

NIKO NAWAIKULA, 'I don’t feel happy coming back because I’m so used to being confined. I can’t fit in very well with the crowd, so this will take time'. He had 'imprisoned Indo-Fijians' with his bogus Indigenous Rights

5/12/2023

Former parliamentarian Niko Nawaikula is home for Christmas after he was released from prison on 1 December 2023. The SODELPA) MP spent a year and a half in prison after he was jailed last May after falsely stating that his permanent address was in Buca Village in Buca Bay, Bua in Vanua Levu and obtained more than $20000 in parliamentary allowances. Nawaikula was sentenced to three years imprisonment with one year suspended. Source: The Fiji Sun.

From Fijileaks Archives

Sadly, while the COUPIST, hiding behind IMMUNITY, has conned and moved on and now wants to become Prime Minister under his PAP, Nawaikula carried on with his nationalistic chest-beating, portraying himself as the torch-bearer of Rabuka's bogus indigenous rights while dipping into the Parliamentary Allowance as a Member of Parliament - a replay of the collapsed National Bank of Fiji
As a legal adviser with the NLTB, he allegedly oversaw after the 1987 coups the eviction of hundreds of Indo-Fijian sugarcane farmers from their leased lands, many not receiving any compensation, including one, from court records, losing her house worth $40,000 after her husband had died, and the lease was not transferred to her
* Our Editor-in-Chief's aunt and her husband were evicted after nearly
57 years from their family farm in Rakiraki. They had to leave their life's possessions, including the house, animals, tractors and the sugar canes still standing, and were forced to emigrate to Australia, where the aunt's husband, a hardy sun-scotched farmer all his life, died of depression.
The aunt is nearly turning 100 but still crying and cursing the evil
Rabuka-Nawaikula Axis, saying Australia is worse than 'prison'.
(Fijileaks:* Our Aunt died two years ago, also in Sydney, Australia, never ever seeing her beloved Fiji or her family farm)
We will not hear Rabuka's Ponga Professor buddy calling for compensation on behalf of those who were forcibly evicted or their ashes brought back to Fiji and buried in their Fijian Motherland.
This week, we saw him screaming, 'Political Gimmick,1987 Coups.'
*If Nawaikula is JAILED, there will be no TEARS in hundreds of Indo-Fijian households, many now squatters in the Suva-Nasinu corridor
HE was given a free and fair trial, unlike hundreds of evicted farmers
KARMA IS REALLY A BITCH, DEAR OLD (ONCE) FRIEND!

Matanitobua was charged with falsely stating that his permanent place of residence was in Namosi Village, Namosi and obtained $38,378.22 between August 2019 and April 2020.

Sadly, the Tui Namosi is currently going through a very painful and difficult time, in prison, as his wife, Mrs Akeneta Matanitobua, Na Radinivanua o Nabukebuke passed away recently. He was allowed out of prison for the day to attend her funeral. RIP.

We found a calendar from 1940 (see below) where Namosi was selected by the Fiji Colonial Government as the perfect POSTER VILLAGE.
Today, its reputation lies in ruins, with its paramount chief in prison for, like Nawaikula, swindling the taxpayers.

BAINIMARAMA and QILIHO to PRESIDENT: 'We call on you to terminate JOHN RABUKU's appointment as Acting DPP. Rabuku was found guilty of professional misconduct. His appointment violates 2013 Constitution'

4/12/2023

RABUKU, the pro Rabuka Coalition and anti-FFP Facebook BLOGGER

Stop Departures must be imposed on all.
All personal, business and close family Accounts and assets must be frozen, local and abroad.
Investigations must proceed overdrive.
Prosecutorial decisions must be reached in record time.i
FICAC and the POLICE must be beefed up with specialized investigators in forensic accounting, computer crimes and asset tracing.
Accused persons must be brought before the Court to answer any charges laid.
A special Court must be set up and well equipped to deal with the cases and the voluminous documents.
This is the tip of the iceberg and therefore our Investigative, Prosecutorial and Judicial arms must brace and prepare for it.
That is the only way forward in this!
No one...including the entire FFP can call it "persecution" for Indeed they will be evidence based and public interest "prosecutions", a hallmark of a vibrant, responsible and accountable democracy.

This Coalition will cut back on Government spending and we must all brace for that. Thank you Minister Biman.
People and businesses must pay their dues in taxes and fees etc and Government authorities must clamp down on them. No defrauding the people. Pay your dues. Simple!
We must make it better for the future generation.
Let me digress a little... at the rate FFP was going we would have been sold to China if they ran one more term. "You don't know I tell you Heru"!!
It maybe the case that we professionals in the legal field, in academia, in the sciences in both the private and public sectors across Fiji and abroad remain insecure about the security of this Coalition.

Focus on the rebuttals from the Coalition or other professionals that follows every statement made by Bainimarama, Aiyaz or any of the FFP cronies. See how each time their lies are caught and called out publicly - and they withdraw shamefully. The truth is in the rebuttal.

This is my message to you professional. Step up and step out with boldness. We have been given the opportunity and freedom to participate and assist Fiji regain its vibrancy and real democracy as a nation. 16 years of holding your tongue, withholding your expertise and refusing to be involved is understandable. The circumstances were extremely difficult. We had to make a choice for the greater family interests.

We now have this Coalition and it's a good start. We now have to make a choice again. Remain silent and just wait and see what would happen in the next 6 months or participate now to strengthen the foundations of this Coalition in order to protect our regained freedoms?

We professionals must all now rally behind the Coalition to ensure that we do not return to the last 16 years. So put your hand up and be counted.

Put in your Applications to the Boards advertised, before or by 31st January. Let's populate the Boards with expertise and integrity that is needed now. Shout out your availability in the cities in the towns in the villages. Let it be clear that you want to participate today...not tomorrow.

Lets push Fiji forward come what may.

If fate should dictate that we lose our freedoms again, history will show that we were a bunch of professionals who were not bystanders or spectators when given a chance. We were professional men and women of integrity, participating and standing with the courage to protect our democracy and freedoms when Fiji needed us most.

Please Honourable PM and Government do a reply with examples of his unconstitutional and unlawful actions in the last 16 years so it can be on record publicly for the 1st time.

The ones he facilitated outside Parliament and the ones he facilitated inside Parliament continuously making a mockery of the very democracy that he says the Constitution espouses. Let everyone across the world read and know of his lies, haughtiness and hypocrisy. Let him run to Court with a defamation suit. There will be no shortages of witnesses.Truth is yours and our defense.

For the person who abrogated the Constitution because he and his AG did not respect a judicial ruling then sacks Professor Ghai who was hired to put together a Constitution for Fiji simply because he didn't like the draft, to selecting a secret team and forcing this current Constitution down Fijis throat putting in clauses that make it virtually impossible to amend some of the arbitrary provisions- he yes Bainimarama has the audacity to speak to this Nation and warn the Government to act constitutionally?? - NEVER!

Hon PM Rabuka please do not let Bainimarama get away with this false narrative.

You are at a critical and of course best stage and time to set the narrative and record straight before going any further. It's only your 2nd week in Government and replying to Bainimarama will put into context for everyone in Fiji and across the world why certain things need to be done going forward.

All reactions:
1K1K

Acting DPP John Rabuku has informed the court that he will not be prosecuting the matter where he has filed and appealed against the former Prime Minister, Voreqe Bainimarama and suspended Police Commissioner, Sitiveni Qiliho's acquittal.

Bainimarama was charged with one count of attempt to pervert the course of justice while Qiliho was charged with one count of abuse of office.

They were found not guilty and acquitted accordingly by the Suva Magistrates Court in October.

Rabuku says he will not be prosecuting the matter as he had earlier represented Qiliho.

He says the Office has hired someone else.

Meanwhile, the hearing will on the matter will be held on the 29th of February next year. Fijivillage News

From Fijileaks Archive, 6 November 2023

CHIEF REGISTRAR Tomasi Bainivalu must be SACKED. FLP: Why the favoured treatment? It is rather disconcerting that DPP has not seen it fit to appeal and Fiji Law Society has remained silent on Bainivalu sentence

2/12/2023

*Bainivalu was sentenced on 30 October 2023 by Chief Magistrate Waleen George, fined $300 and disqualified from driving for 90 days. The evidential breath test had returned a reading of 92.4mg of alcohol per 100ml of blood – above the legal limit of 80mg per 100ml of blood. No conviction was recorded because Magistrate George said he could lose his job.

In his letter to the Acting Chief Justice Salesi Temo, FLP leader Chaudhry said:
“In our view, Mr Bainivalu’s guilty plea to a serious charge of driving under the influence of alcohol is sufficient evidence of admission of gross misbehaviour on his part which should give rise to commencement of proceedings under s112 of the Constitution”.

Fijileaks: It is another example of i-Taukei now above the law in Fiji.

Magistrate WALEEN GEORGE had ruled that a conviction could potentially tarnish Bainivalu’s reputation and impact his career as Chief Registrar

Tomasi Bainivalu when he was Resident Magistrate, Sigatoka, 2015:

"I find that by driving whilst under the influence of alcohol, you [CAITANYA DASS] placed the lives of other motorists and pedestrians at peril.

I treat this as an aggravating factor.

There are just too many accidents on our roads owing to the reckless attitude of drivers like you who do not realise, often until it is too late, that alcohol and driving do not mix. They are a deadly combination."
*Your sentence should therefore reflect the concern of the lawmakers and of the public in respect of drivers who drink alcohol and drive.

TOMASI BAINIVALU, Resident Magistrate, Sigatoka to CAITANYA DASS,
13 February, 2015:
I find that by driving whilst under the influence of alcohol, you placed the lives of other motorists and pedestrians at peril. I treat this as an aggravating factor. There are just too many accidents on our roads owing to the reckless attitude of drivers like you who do not realise, often until it is too late, that alcohol and driving do not mix. They are a deadly combination. Your sentence should therefore reflect the concern of the lawmakers and of the public in respect of drivers who drink alcohol and drive.
On the facts of this case, I hereby fine you in the sum of $1,000.00.
You are also disqualified from holding or obtaining a driver's licence on any groups for 12 months. I have considered your income, and pursuant to s.34 of the Sentencing and Penalties Decree of 2009, I order that you pay the fine of $1,000, over 3 months, in 3 instalments: two instalments of $350 each and one instalment of $300.00.
The first payment of $350.00 is payable in a month's time from to date, which means you will need to pay it by 16/03/15. The second payment of $350.00 should be paid by 13/04/15, and with the balance of $300.00 payable by 18/05/15.
Default in the payment of each penalty unit ($100) or a part thereof, will incur 10 days imprisonment; i.e. the court totals the imprisonment default term at any default monthly payment to twenty five (25) days imprisonment each.

FLP queries the Chief Registrar Bainivalu case

Fiji Labour Party is concerned that the Chief Registrar Tomasi Bainivalu continues to hold judicial office despite pleading guilty to a charge of driving with excess breath alcohol.

“The case has given rise to serious concerns on the rule of law and the administration of justice in Fiji,” said Labour Leader Mahendra Chaudhry

Labour wrote to the Acting Chief Justice Salesi Temo on 8 November 2023 urging that the Judicial Service Commission begin the process for a Tribunal to be appointed to investigate Bainivalu for misbehaviour, as it did in the case of former Chief Justice, the late Kamal Kumar.

Labour is also concerned at the rather lenient sentence imposed on Bainivalu, without a conviction being recorded, although he had pleaded guilty to the charge.

Bainivalu was sentenced on 30 October 2023 by Chief Magistrate Waleen George, fined $300 and disqualified from driving for 90 days. The evidential breath test had returned a reading of 92.4mg of alcohol per 100ml of blood – above the legal limit of 80mg per 100ml of blood.

No conviction was recorded because Magistrate George said he could lose his job.

“Why the favoured treatment? Everyone should be equal before the law.

“It is also rather disconcerting that the DPP has not seen it fit to appeal this sentence and that the Fiji Law Society has also remained silent on this issue which goes to the heart of the rule of law,” said Mr Chaudhry.

Being a senior judicial officer with over 30 years’ service, Mr Bainivalu knew well that he should not have driven after consuming alcohol which gave rise to criminal proceedings against him.”

Mr Chaudhry also questioned why the matter was called in closed court: “This is an anathema to open justice and the rule of law. There appears to be no compelling reason for it.”

Mr Chaudhry cited a similar case in 2015 (State v Dass [2015] FJMC 18), where sitting as resident magistrate in the Sigatoka Magistrate’s Court, Tomasi Bainivalu had dealt harshly with a person accused of drunken driving because he had “placed the life of other motorists and pedestrians at peril”.

“Your sentence should … reflect the concern of the lawmakers and of the public in respect of drivers who drink alcohol and drive.”

Magistrate Bainivalu fined the accused $1000 and disqualified him from driving for 12 months. (Copy of sentencing notes attached)

In his letter to the Acting Chief Justice Salesi Temo, Mr Chaudhry said:

“In our view, Mr Bainivalu’s guilty plea to a serious charge of driving under the influence of alcohol is sufficient evidence of admission of gross misbehaviour on his part which should give rise to commencement of proceedings under s112 of the Constitution”.

IN THE RESIDENT MAGISTRATE'S COURT AT THE
WESTERN DIVISION-SIGATOKA

Traffic Case No: - 224/2015

STATE

–v-

CAITANYA DASS

BEFORE : - Resident Magistrate, Tomasi Bainivalu
For Prosecution : - WPC 3348 Elina Lotudina Cerei
For Accused : - Present in person.
Date of Sentence :- 13th February, 2015
Place of Sentence :- Sigatoka Magistrates Court

SENTENCE

CAITANYA DASS, you pleaded guilty to driving a motor vehicle whilst there was present in the blood a concentration of alcohol in excess of the prescribed limit, contrary to section 103 (1) (a) and 114 of the Land Transport Authority Act,35 of 1998. When the summary of facts was read out by the prosecution, you admitted it as a true account of your offending. I find you guilty and convict you accordingly.
To be able to sustain a charge under s. 103 (1) (a) of the Land Transport Authority Act 1998, the prosecution will need to read facts or lead evidence that
- The accused
- Drove a motor vehicle
- Whilst more than the prescribed concentration of alcohol is present in his blood.
Regulation 3 (1) of the Land Transport (Breath Tests and Analyses) Regulations 2000 provides that the prescribed concentration of alcohol is 80 milligrams of alcohol in 100 millilitres of blood.
Sub regulation (2) of regulation 3 provides that evidence that there is alcohol in the blood in excess of the prescribed concentration at a relevant time may be given by either reference to a sample of the person's blood taken with his or her consent, or by reference to the reading on a breath analysing instrument in accordance with sub regulation (3).
That sub regulation provides that a reading on a breath analysing instrument in micrograms of alcohol per 100 millilitres of blood is to be multiplied by 2.2 in order to arrive at the number of milligrams of alcohol in 100 millilitres of blood.
Significantly in the context of this case before me, regulation 4 (1) lays down the approved breath testing device as the Lion Alcometer Model DS-190 with dual screen and memory for 500 tests. Similarly, the Drager Alcotest 7110 with 3 automatic printouts is the approved breath analysing instrument for breath analysis.
The facts are that:-

"On the 27th day of December, 2014 at about 0050hrs at Muasara Beach Side Road, Sigatoka, Caitanya Dass (Accused) aged 22 years, Auditor of Hideaway Resort drove motor vehicle Reg. No: ES523 under the influence of liquor an exceeded the prescribed limit.

On the above date, time and place ASP Samisoni Naqica (PW1) Officer in Charge of Sigatoka Police Station was conduction operation around Sigatoka area in Flet 49 with the Operation Team consisting of PC 4360 Apakuki and PC 4702 Asaeli and was patrolling along Muasara Seaside when PW1 saw the Accused's vehicle parking at the far end of the tar sealed road at Muasara. Whilst approaching the Accused's vehicle the passengers boarded the vehicle and Accused drove away. PW1 then confronted the Accused and managed to stop him by parking in front of Accused's vehicle. PW1 approached Accused and ordered him to come outside the vehicle. The Accused was heavily smelt of liquor and was arrested at the scene and escorted to Sigatoka Police Station.

At Sigatoka Police Station PC 1639 Praneel Gounder conducted breath test of the Accused and the result was 74 micrograms of alcohol per 100 milliliters of breath which was multiplied by 2.2 in accordance with Regulation 3 (3) of Breath Test and Analysis Regulation 2000 and the result was 162.8 milligrams of alcohol which was in excess of prescribed limit.

Upon receipt of the report PC 3780 Tevor (C-1) was appointed the investigating officer whereby Accused was caution, interviewed, charged and bail to appear Sigatoka M.C. on 10/02/15"

The maximum penalty for this offence is a fine of $2,000/2 years and mandatory disqualification from 3 months to 2 years, for a first offending. . This alone is indicative of how seriously the legislature had intended this offence to be treated by the Courts. I give effect to the intention of the legislature, and adopt Winter J's dicta in Lal v The State [2004] FJHC 106; HAA0038.2004 (19th May, 2004), wherein His Lordship stated:

"This scheme of penalties is indicative of Parliament's view and quite rightly so that drink driving is unacceptable. The increasing range of penalties is there to remind citizens that if they drink and drive and accept that risk, then they can expect increasingly harsh and stern sentences."

Mitigating Factors
- Early guilty plea,
- First time offender,
- 23 years old, single,
- Employed as a Resort Auditor for Hideway Resort;
- Earn $220.00 per fortnight,
- Ask for D/L not to be cancelled.
- No one was injured, and no one else's property was damaged
Aggravating Factors

I find that by driving whilst under the influence of alcohol, you placed the lives of other motorists and pedestrians at peril. I treat this as an aggravating factor. There are just too many accidents on our roads owing to the reckless attitude of drivers like you who do not realise, often until it is too late, that alcohol and driving do not mix. They are a deadly combination.

Your sentence should therefore reflect the concern of the lawmakers and of the public in respect of drivers who drink alcohol and drive.
On the facts of this case, I hereby fine you in the sum of $1,000.00. You are also disqualified from holding or obtaining a driver's licence on any groups for 12 months.
I have considered your income, and pursuant to s. 34 of the Sentencing and Penalties Decree of 2009, I order that you pay the fine of $1,000, over 3 months, in 3 instalments: two instalments of $350 each and one instalment of $300.00.
The first payment of $350.00 is payable in a month's time from to date, which means you will need to pay it by 16/03/15. The second payment of $350.00 should be paid by 13/04/15, and with the balance of $300.00 payable by 18/05/15.
Default in the payment of each penalty unit ($100) or a part thereof, will incur 10 days imprisonment; i.e. the court totals the imprisonment default term at any default monthly payment to twenty five (25) days imprisonment each.

28 days to appeal

...................................
Mr Tomasi Bainivalu
Resident Magistrate
Sigatoka.

FAREWELL, POSECI BUNE. As hundreds gather to say MOCE to Poseci Bune, we will reveal later how he was not made PM after the 2006 Coup. Surprisingly, NOT a word of tribute from his former colleague Chaudhry

30/11/2023

*In 1998 Bune helped found the Christian Democratic Alliance (VLV). He contested the 1999 Fijian general election as a candidate for the party in the Macuata Fijian Communal constituency, and was elected to the House of Representatives of Fiji. He was appointed to the People's Coalition Cabinet of Mahendra Chaudhry as Minister for Agriculture, Fisheries, and Forests.He was taken hostage in the 2000 Speight coup and held prisoner for 55 days until he was released on 13 July 2000.

Bidding Farewell to Anup…

He [Anup Kumar] was deeply affected by the Coup of 19 May 2000, being held hostage at gunpoint for 56 days with 43 members of my government by terrorist George Speight and his men, with support from the CRW Wing of the Fiji Military Forces.

Labour Leader Mahendra Chaudhry is deeply saddened at the untimely death of former Labour Parliamentarian and government Minister Anup Kumar.

“He was a close political colleague and a dear friend,” he said of the man who had served as his Minister for Commerce, Business Development and Trade when he was Prime Minister 1999/2000.

Anup Kumar was elected to the House of Representatives in May 1999 with a huge majority from the Vanua Levu West Indian Communal Constituency.

He left Fiji with his wife Kushma and two young children in 2001 to settle in Brisbane, Australia but stayed in constant touch with the political situation in Fiji, and was deeply concerned about the plight of the Indo - Fijian community under a racist post 2000 coup government, Mr Chaudhry said.

As a Minister, Anup was astute, quickly cultivating good relations with the business community and winning their confidence.

He was popular with the grassroots people because of his caring and compassionate ways. Anup was born and bred in a fairly isolated rural community. As such, he empathized with the poor and the underprivileged in society.

He was, however, deeply affected by the Coup of 19 May 2000, being held hostage at gunpoint for 56 days with 43 members of my government by terrorist George Speight and his men, with support from the CRW Wing of the Fiji Military Forces.

In his new homeland of Australia, Anup was ably supported and encouraged by his hardworking and determined wife Kushma as they struggled to succeed in a somewhat competitive and discerning environment.

But succeed they did as a family. Anup worked in various jobs over the years, ran a business with his boys while Kushma successfully pursued her teaching career.

All this while, Anup kept a keen interest in the affairs of the Fiji Labour Party - phoning me or emailing his views on political events here and supporting the Party. He also helped with our fundraising drives. I thank him most sincerely for staying true to the Labour cause

All was going well and Anup had even found the time to study Law when tragedy struck. It was swift and in next to no time snatched him away from his loving family and dear friends.

Anup's is a loss hard to bear for Kushma and the boys - Ashwin and Ashneel. He was so close to them.

But such is the reality of our existence - here today, gone tomorrow. We must accept it as the hard truth and cope with its agonies as best we can.

Deepest condolences to Kushma, Ashwin and Ashneel.

IN KHAIYUM'S FOOTSTEPS. Biman Prasad influenced re-appointment of Pal Ahluwalia as USP VC. He arm-twisted Fiji delegation on the Council, claiming his government wanted Ahluwalia. He gatecrashed 2 day meet

28/11/2023

Fijileaks: Since Biman Prasad and his party told voters that if the Coalition won the election, they would lift Ahluwalia's ban and cancel his deportation order, Prasad should have refrained from taking part in the two day USP Council meeting.
In any case, what the hell was he doing at the meeting as Finance Minister (Aiyaz Khaiyum all over again). It should have been left to the Education Minister Aseri Radrodro.
The USP Staff Association are very unhappy with Ahluwalia's re-appointment, with threats of industrial action, after Ahluwalia did not see fit to put the Staff papers on the agenda of the 96th USP Council Meeting.
The Association is demanding that Ahluwalia re-locate from Samoa to USP Laucala Campus.
But he still fears for his safety because Frank Bainimarama and Sitiveni Qiliho's USP case is now before the Fiji Court of Appeal

Title: Staff Report to Council: Update and Issues for Decision Making (identical to Agenda item and paper title)

Purpose

The purpose of this paper is to inform and update the Council on the progress on staff matters reported to the May 2023 Council (C95).

Executive Summary: (maximum 100 words summarising key points)

The USP staff across the 14 campuses acknowledge the Council’s support towards staff matters raised at the May 2023 Council with advice that the Management works with the staff members and unions to resolve issues.

Council should note that the issues were raised through fora of the SMT/Union Quarterly meetings and Staff Policy (one final meetings for the year for each remain outstanding) and it was only through decisions at Union meetings (AUSPS and USPSU - October 2023) that notified the Management of the decision that strike action compliant with Fiji Labour Laws was voted for, that the VC gave this priority and appointed the Chief Operating Officer and the Executive Director People and Workforce Strategy (EDPWS) to negotiate with the academic and professional staff on the Log of Claims submitted by AUSPS. The Log of Claims contained the issues submitted to the May Council.

The non-financial issues have been dealt with, however, for the salary adjustment, the management has advised that there is no room for negotiation. The staff noted the 2% in October 2022 and another 2% in January 2023 which were not backdated. In June 2023, an increment was given to qualifying staff excluding those who had received promotion in a 12-month period. Cost of living has skyrocketed and with what the university has saved in staff costs for positions not filled totals $14.8m.

The Log of Claims for which resolution was achieved comprised the following (refer to Appendix 1):

Five year contracts for Teaching Assistants (TAs)

Workload
Job Evaluation
Regional Employment
Operationalising Policies
Women in Higher Education
Staff Retention
MOA (2022-2024)
Concession for University Staff Children Studying at USP
Job Evaluation

UNRESOLVED ITEM IN LOG OF CLAIMS

Academic Staff Representation to Council

The attached submission (Appendix 2) to Senate 4/2023 on November 2 2023 outlined the proposal to replace the second senate professorial representative to Council by an academic voted by the academic non professorial categories, from AL to AP. The Chair of Senate did not support the proposal but referred the matter to a Working Group of Senate and informed the Senate that this proposal would require two readings of Senate. There is no policy justification regarding the need for a Working Group or the two readings. Senate should have discussed the proposal and voted on it.

Recommendation 1
That Council corrects the Senate to vote on this proposal that will see equitable representation on Council. Staff representatives on Council recall DPC Walsh’s support for this proposal.

NEW ISSUES

Item 1: Salary adjustment for Academics and Professional Staff
This is submitted for Council consideration and approval as the University Management has refused to discuss or negotiate any salary adjustment in good faith with staff representatives. The refusal to discuss and consider the increases is against the ILO Convention on Collect Bargaining and Council decision C95.

All levels of staff sacrificed salary adjustments in the 2019-2021 Triennium and 2022-2023 of the second triennium. This was in consideration of the uncertainties during COVID and the withholding of the Grant by Fiji Government for services rendered. In addition, the workload of many staff has doubled and trebled in the period with vacancies reported at 455 by the VCP at the May 2023 Council across the USP Regional campuses. The inadequate Extra Duties Allowance Policy has been recommended for review as it fails to reflect workloads and the lengthy periods of 12 months and more.

Therefore, Academic and Professional Staff seek the following:

A 3% increase per annum in line with inflation as per Reserve Bank inflation rates noting the recent projected 6% inflation rate for 2023.
The total requested is 15% for the 5-year period, 2019-2023
Taking into account the 4% already granted; AUSPS seeks a 11% salary adjustment across the board
Cost of the salary adjustment for Academic and Professional staff has been calculated at no more than $7.22m using the midpoint for each Level and Band without the superannuation. (Refer Appendix 3)

That this is paid in Pay 25 this year.
SMT exempted.

Recommendation 2
That Council approves the salary adjustments requested and payable in 2023 (Pay 25).

Item 2: Salary Adjustment for Administrative and Support Staff (I&J)
In the interests of efficiency and time, based on the decision to not negotiate with AUSPS on salary adjustment, the Administrative Staff Union (USPSU) is making a direct submission to Council. USP’s proposal for a 2% salary adjustment for 2024 is rejected outright by both unions. The insignificant 2% is well below the cost of living. To quote the Deputy Prime Minister and Minster for Finance, Professor Biman Parad ‘as inflation is expected to be 6% by the end of the year and according to the Reserve Bank of Fiji, it could impact people’s savings, spending and loan repayment abilities…….The formal sector average salaries and wages in the country has increased by 25% compared to 2019 and is cushioning the impact of inflation’. (FijiLive 7.11.2023). In the triennium of 2019-2021 USP revenue totaled a massive $52,954, 834.00 and no salary adjustment in consultation with the unions awarded to staff who surrendered benefits during this period.

Therefore, the Administrative and Support staff (I&J) seek the following:

A 5% increase per annum
The total requested is 25% for the period 2019-2023
Taking into account the 4% already granted; USPSU seeks a 21% salary adjustment across the board
Cost of the salary adjustment for Administrative and Support staff has been calculated at no more than $6.63m using the midpoint for each Grade without the superannuation. (Refer Appendix 4)

That this is paid in Pay 25 this year.
The 2% annual difference in the adjustment between AUSPS and USPSU is supported by AUSPS.

The staff and their unions have assessed the financial situation of the University based on USP Council financial reports of surpluses each year 2019-2022. The most recent update informed Senate 4/2023 (October) that the University is currently FJD$19m in surplus. Noting reported savings of FJD14.8m (Appendix A C95) from vacant positions, the University has the ability to pay as the pressure continues in the workplace with negative outcomes. There have been multiple staff resignations without all the positions being filled and staff overloaded with work and carrying out multiple tasks for long periods without the right compensation. This has led to low morale in the workplace, people being regularly sick as pressure mounts up and which is evidenced in the increase in the Medical Insurance which currently stands at $2.7m in October 2023 and estimated to reach $3.59m by December 2023.

Evidence is provided below:

Audited Financial Statements 2022
University Financial Performance 2019-2022

Staff are aware that the FNU has awarded its staff 5% in October 2022 backdated to January 2022. In April 2023, another 2% backdated to January 2023 and a bonus of $1200 for each staff. In addition, staff who served 3-4 years were granted 1-2 incremental steps in their salary range and those on tenure got 3-4 incremental steps up.
The University has argued that it cannot pay and must set aside funds should the ADB call on its loan. This loan is payable to 2046 and annual payments are budgeted. This also applies to the FNPF loan etc.
We believe that USP as the premier higher education institution in the Pacific that the USP wishes to be known as that is in a position to respond positively to the staffs’ need and deserved request, reiterating for services rendered.
Item 3: FNPF additional 2% contribution
Recommendation 3
That the University revert to payment of the additional 2% over the statutory rate with effect from 1 January 2024.

Item 4: Council Secretariat and VCP failure to Communicate C95 outcomes to Staff
To date, the CSS which falls under the remit of the VCP failed to inform staff of the outcomes of the May 2023 Council Meeting despite requests made three working days after the May Council; at Senate and at the Union Quarterly Meeting with AUSPS. VCP response has been ` I will talk to Totivi’. This action is a denial of justice and transparency and good governance. It is an attempt to throttle the freedom of staff access to the information of Council on University matters that impact staff.
Recommendation 4
The Staff wish this noted as part of the VCP’s performance review as he signs off on the release by Secretariat.

Item 5: Vice Chancellor and President Position
The AUSPS Ordinary General Meeting held on 7 September 2023 voted by secret ballot (94%) to not support the re-appointment of the VCP Professor Pal Ahluwalia. USPSU held its Annual General Meeting on 7 September 2023 and voted unanimously to not support the re-appointment of the VCP. The unions also draw the Council’s attention to the ‘Ordinance to Govern the Terms and Conditions of Service of the Academic and Professional Staff of the University. Item 15 Retirement and Reemployment of Retirees ‘A member of staff shall retire at the end of the calendar year in which he/she attains the age of sixty-five’. The two Unions together represent over 600 members of staff. These have been conveyed to the Joint Committee of Council and Senate.

Recommendation 5
That Council proceeds to advertise the position of the VCP. That the position is not restricted to a Professor and serious consideration is given in the search of applicants for qualified regionals.

Item 6: Senate Nominee to the Joint Committee on the Reappointment of the VCP
The Staff question the process of appointment of Professor Surendra Prasad to replace Professor Maurizio Cirrincione on the Joint Committee of Council and Senate on the Reappointment of the VCP. Given that he only received 6 votes/38 votes (15.8%) and was deemed unsuccessful and validated by the committee comprising Mr Totivi Bokini- Ratu, Secretary to Council and Manager, Ms Neelta Goundar -HR Business Partner and Mr Avishay Raj- Deputy Director Finance on 7 June 2023, along with Professor Daud Hassan who was also deemed unsuccessful, fresh elections should have been called. With 6 votes, Professor Surendra Prasad does not have the confidence of the Senate members. Professor Cirrincione received 14 votes and Dr Tamara Osborne -Naikatini with 16 votes.

Recommendation 6
That Council notes this and sets a minimum voter percentage that reflects the confidence of the Senate.

Item 7: Intention to Reduce the Ratio of Professional Staff to Academic by 50% in 2024
The Plan proposed for 2024 and shared at the Staff Forum/VCP noted the University’s intention to reduce the ratio of professional staff to academic staff by 50% from 1: 2.62 to 1: 1.32. This will result in ongoing heavy workloads being currently experienced by Professional (Levels 1-5) and Administrative (I&J) (Grades 1-6) and likelihood of job losses. Given the structure of the University there is a need for multiple positions e.g. Finance, Library, ITS and Student Academic Services personnel. This is an alert to Council of the possible impact on both staff and quality of services to our students. People interaction is important.

Recommendation 7
Council to note and closely track impact on Professional staff positions in the 2024 Budget disucssions. A report to be presented to the May 2024 Council.

Item 8: Appointment of Dr Mahendra Reddy

The academic appointment of Dr Mahendra Reddy under the Appointment without Advertising Policy (Policy number: 1.6.4.41) has drawn the ire of all USP staff and some former academics. The staff have conveyed their concerns to the Vice Chancellor and President in a letter dated 3 November 2023. Academic merit and integrity under the USP values are intertwined and cannot be separated.

The concerns are as follows:

He was a part of the Fiji Government that did not honour the decision of Parliament to pay its obligations and its outstanding member contribution due to USP. This was a clear attempt to destroy USP as a regional institution.
Dr Reddy tried to undermine academic freedom by attacking the contribution of USP academics towards public policy debate in Fiji. This is evident from his statements in and outside of the Fiji Parliament.
Dr Reddy was part of a Government that placed the regionally owned University in financial jeopardy that the students and staff of 12 countries are still feeling the effects of and now will be a beneficiary of the funds for personal gain that he voted to withhold for no valid reason. Staff increased workloads at all levels and negative impact on staff health are the result of the actions/decisions he took as a member of the Fiji First Government.
His actions in Parliament went against the USP values that we are all measured against and expected to uphold. This raises serious questions about Dr Reddy’s ethics and integrity.
Dr Reddy has been out of academia since joining politics in 2014 and his research output is zero over the last 6 years. https://academiainsider.com/what-is-a-good-h-index-for-each-academic-position/

Recommendation 8

The staff request the Council to bear this in mind on the reappointment of the VCP.
That Dr Reddy is not offered a new contract.

Item 9: Relocation of VCP and COO to Laucala Campus

Recommendation 9
Staff refer the Council to the Staff Paper (May 2023 Council) on the above matter. Ideally the relocation should take place in January 2024 in good time for the commencement of Semester 1 2024.

Item 10: Professor of Oceans and Climate Change
The issue of the renewal of contract for the Professor of Oceans and Climate Change is under challenge by a policy on the timing of submission for Staff Review and Contract renewal. Of international repute, the current holder raises the university’s profile as the highest-ranking researcher at USP with an H-Index of 64. With the income that she brings to the university and the reputation she has every effort should be made to retain her services for the benefit of the institution. Personal differences should be put aside.

Recommendation 10
That Council support the renewal of contract for one year as the incumbent turns 65 in June 2024 and the policy allows employment to December 2024.

Recommendation(s):

Recommendation 1
That Council corrects the Senate to vote on this proposal that will see equitable representation on Council. Staff representatives on Council recall DPC Walsh’s support for this proposal.

Recommendation 2
That Council approves the salary adjustments requested and payable in 2023 (Pay 25).

Recommendation 3
That the University revert to payment of the additional 2% over the statutory rate with effect from 1 January 2024.

Recommendation 4
The Staff wish this noted as part of the VCP’s performance review as he signs off on the release by Secretariat.

Recommendation 5
That Council proceeds to advertise the position of the VCP. That the position is not restricted to a Professor and serious consideration is given in the search of applicants for qualified regionals.

Recommendation 6
That Council notes this and sets a minimum voter percentage that reflects the confidence of the Senate.

Recommendation 7
Council to note and closely track impact on Professional staff positions in the 2024 Budget disucssions. A report to be presented to the May 2024 Council.

Recommendation 8

The staff request the Council to bear this in mind on the reappointment of the VCP.
That Dr Reddy is not offered a new contract.

Recommendation 9
Staff refer the Council to the Staff Paper (May 2023 Council) on the above matter. Ideally the relocation should take place in January 2024 in good time for the commencement of Semester 1 2024.

Recommendation 10
That Council support the renewal of contract for one year as the incumbent turns 65 in June 2024 and the policy allows employment to December 2024.

PAL AHLUWALIA, KICK HIM OUT. USP Staff union want Ahluwalia booted out of job. They want job advertised and he removed as Vice-Chancellor. Staff Association President Elizabeth Fong claims Pal 'all talk, no action'.

27/11/2023

Fijileaks: We again call on FICAC to investigate the $200,000 Biman Prasad gave to his wife for the defunct Global Girmit Institute to hold an international conference at USP, and to establish whether Pal was aware that Biman's wife Rajni, a USP staff member, had conflict of interest
*Ahluwalia must also explain when did he know that USP was to host the two-day conference, when was an invitation sent out to him to be the keynote speaker, and who paid the USP to host the international conference - the total cost?

The University of the South Pacific staff gathered in unity to convey to the USP Council members their despair in NOT having their paper on the council agenda.
*President of the USP Staff Association Elizabeth Fong says they had submitted a council paper in response to decisions of the May council meeting, which were to update them with other issues, but that has been prevented in consultation with the Vice Chancellor to not have it on the agenda.

From Fijileaks Archives, April and June, 2023

www.fijileaks.com/home/uspgate-usp-staff-report-and-recommendations-to-council-lay-bare-dysfunctional-state-of-affairs-under-vc-ahluwalia-staff-departures-indicate-usp-no-longer-employer-of-choice-for-regionals-or-expatriates

www.fijileaks.com/home/uspgate-sacked-professor-janusz-jankowski-had-exercised-the-usps-whistleblowing-policy-to-accuse-vc-pal-ahluwalia-with-litany-of-wrongdoings-i-have-read-emails-accusatory-in-tone-where-middle-grade-staff-have-felt-anxious-and-intimidated-by-vcp-pal

DEFYING BAN FROM PARLIAMENT. Frank Bainimarama, banned from entering the Parliamentary precincts until 17 February 2026, enters the Opposition chambers and holds an impromptu court with his FFP MPs

23/11/2023

"As the lunchtime break commenced during a parliamentary session, I headed to the Opposition chambers on the second floor to drop off my belongings before grabbing a quick bite. Little did I know that a surprising encounter awaited me. To my amazement, the unmistakable vehicle of FijiFirst Leader and former Prime Minister Frank Bainimarama was parked outside Parliament. Excitement and curiosity surged within me, prompting a spontaneous decision to seize the opportunity to meet our esteemed FijiFirst leader. Rushing back up to the chambers, I found myself face-to-face with the cheerful and widely admired former Prime Minister. A spontaneous gathering ensued, with fellow MPs joining in for an impromptu session of guidance and camaraderie. Seated together, we engaged in a candid exchange of thoughts."
FFP MP KETAN LAL

As the lunchtime break commenced during a parliamentary session, I headed to the Opposition chambers on the second floor to drop off my belongings before grabbing a quick bite.

Little did I know that a surprising encounter awaited me.

To my amazement, the unmistakable vehicle of FijiFirst Leader and former Prime Minister Frank Bainimarama was parked outside Parliament.

Excitement and curiosity surged within me, prompting a spontaneous decision to seize the opportunity to meet our esteemed FijiFirst leader.

Rushing back up to the chambers, I found myself face-to-face with the cheerful and widely admired former Prime Minister.

A spontaneous gathering ensued, with fellow MPs joining in for an impromptu session of guidance and camaraderie.

Seated together, we engaged in a candid exchange of thoughts.

Former PM and FijiFirst Leader Bainimarama generously shared his insights and provided valuable guidance.

Amidst the serious discussions, the atmosphere lightened as we collectively found humor in what was deemed by many as the current government's "pathetic performance."

Amidst our discussions, it seemed only fitting to express gratitude for Bainimarama's successes during his tenure as Prime Minister.

His leadership saw noteworthy achievements that significantly impacted Fiji's growth and development.

From economic milestones to social initiatives, Bainimarama's tenure left an indelible mark on the nation.

The lunchtime encounter turned into an unexpected yet cherished moment, fostering camaraderie among MPs.

‘Bainimarama cannot remain a member of the Constitutional Offices Commission under Section 78 of the 2013 Constitution of Fiji.’

According to Suva lawyer Richard Naidu (‘Bainimarama remains as Leader of the Opposition, February 19, The Fiji Times), the FFP MP Frank Bainimarama, despite his suspension from Parliament for breach of privilege, not only remains the Opposition Leader but, among other constitutional roles, retains his membership in the Constitutional Offices Commission (COC).

Mr Naidu was relying on Section 78 of the 2013 Constitution of Fiji. We, however, beg to differ with Mr Naidu’s interpretation regarding Mr Bainimarama’s membership of the COC. Let us examine the Standing Orders of the Parliament of Fiji (Standing Order 15(3)(1) that was amended by the FFP government and gazetted on February 20, 2017.

What rights do a Parliament member forfeits on suspension by the Privileges Committee?

A member who is suspended from the service of Parliament under Standing Order 76 or 77 must not do any of the following: a) enter the Chamber; b) vote; c) serve on a committee; d) lodge a question or notice of motion.

Despite Mr Naidu’s view, we would like to argue that Mr Bainimarama cannot serve on the COC. Although it is not technically a committee, for there are standing, select, and special committees, the COC is an extended committee of Parliament.

The word “commission” is absent from the Standing Orders of the Parliament of Fiji. Standing Order 127 provides for the establishment of a Privileges Committee.

This committee comprises the following members:

1. the Deputy Speaker, the Chairperson of the Committee; and
2. five members appointed by the Speaker in consultation with the Prime Minister and the Leader of the Opposition.

The mandate of the Committee is to: a) bring to the attention of Parliament any breach of privileges of Parliament committed by any person; b) consider any question of privilege which may be referred to it by Parliament or by the Speaker; c) inquire into any complaint that may be referred to it by Parliament or the Speaker regarding any breach of privilege by any person; and d) provide reports and recommendations to Parliament as a result of such referral.

Last week, the Privileges Committee advised Parliament on Mr Bainimarama’s suspension and penalties.

The Parliament, the supreme authority to make laws, voted to suspend Mr Bainimarama. The COC, by extension, is linked to the legislature.

While expressing his views on Bainimarama’s suspension, Mr Naidu conceded that there might “be a legal argument” to his interpretation of Section 78 of the Constitution. On Mr Bainimarama’s continued membership of the COC, we argue that on suspension, he forfeited the right to COC membership. Mr Bainimarama must resign from COC.

If he refuses, the Privileges Committee will reconvene and remove him from the COC. The drafters of the 2013 Constitution had not envisaged a situation whereby the Leader of the Opposition had to be suspended from Parliament for breach of privilege.

In this case, Mr Bainimarama. He was meant to rule for eternity.

And any non-FFP MP found guilty by the Privileges Committee – Ratu Naiqama Lalabalavu, Tupou Draunidalo, and Ratu Isoa Tikoca – were given the boot out of Parliament.

We argue that Mr Bainimarama is booted out of the Constitutional Offices Commission.

It is unacceptable that while he is barred from partaking in constitutional matters inside Parliament, he is free to sit outside Parliament on the COC and deliberate on issues of national and constitutional importance to Fiji. Otherwise, what is the point of suspending him from Parliament?

The Standing Orders disqualify him from serving on any committee or commission after the Privileges Committee suspended his primary membership of Parliament. Out must mean Out. Tuba. Tuba.

Holding Chiefs to Account. Bune refused to pander to the chiefly edicts. Naiqama, 'If Bune had his name in the Vola Ni Kawa Bula in any mataqali in Macuata, he should know he could not speak against Macuata people'

23/11/2023

Parliament has passed the iTaukei Affairs (Amendment) Bill 2023 which allows the reinstatement of the Great Council of Chiefs.
*28 MPs voted for the Bill, 22 voted against it, 3 did not vote and 1 MP abstained.

In 2006, in one of my regular Opinion Column in the Fiji Sun, I had defended the late Bune's right to criticize the i-taukei Chiefs, especially Ratu Naiqama Lalabalavu. Seventeen years later, in July 2023, Bune remembered my piece and was wondering if I still had a copy. I couldn't find the original Fiji Sun* copy but I found a print-out in my 'Fiji File' which I scanned and e-mailed it to him.
Sadly, last week he had become too ill to answer my question: 'Bula* Kai, What is your take on Vasu's statement on the GCC?'
Bune was taken to the Lautoka Hospital, early dawn, Tuesday morning of the 14 November 23, where he was admitted to the Trauma Unit. When Sitiveni Rabuka was informed of his dire condition, on Saturday evening 18 November, he contacted Lautoka Hospital and had him moved to the Nadi Private Hospital, which was far better equipped to deal with Bune's condition, so that by Monday, 20 November he was at the Nadi Private Hospital.
Bune had arrived in very appalling condition, which did not reflect well on the medical care that he was receiving at the Trauma Unit, Lautoka Hospital. The doctors at the Nadi Private Hospital fought to save his life. They managed to prolong his life a few more days. From what we gather, the operation they performed on him on Monday evening went well. Bune managed to open his eyes and speak to one of the nurses but he was still in a very delicate and fragile state, and was not completely out of the danger zone.
He managed to hang on to life up to Wednesday morning, 22 November, when he passed away at 6.41am. May he rest in peace.

*Bune had, besides prostrate cancer, suffered a stroke a few weeks ago after which he was bedridden and reportedly paralysed from the waist down but his mind was still very sharp, and he had remained active on his I-Pad. He appreciated the company of his friends and the staff who at the RSL in Lautoka were basically looking after him.

From the Archives, 2012

**This article published in the Sun in November 2006 is especially pertinent now while people are again talking of the Great Council of Chiefs, chiefly authority, custom and land. Croz Walsh**

'Wherever I go now,’ the first British colonial governor Sir Arthur Hamilton Gordon wrote, ‘the natives shout Woh! and crouch down, as before their own great chiefs, and they admit and understand that I am their master’.

His house was declared tabu: all persons passing it on the road or sailing before it in canoes, gave the tama, or shout of respect to a high chief. The people had no choice, for it was Gordon who had created the Bose Levu Vakaturaga or the Great Council of Chiefs, and had come to see himself as chief of the Fijian chiefs.

The GCC is, therefore, merely a colonial invention, which Gordon had created in order to rule Fiji through the chiefs. In fact, there was nothing new about Gordon’s invention, for the British had devised similar institutions, to rule Africa through the African chiefs on that continent.

The British also introduced the African native system of government into Fiji. In other words, the British were not treating the Fijian chiefs as special although they couched their policies in that term.

However, Gordon mixed and matched titles to create Fijian customs, traditions, and institutions. He borrowed the title ‘Buli’ from Bua, where it applied to a minor chief, and that of ‘Roko Tui’ from the head of the priestly clan in Tailevu and Rewa.

It was not long before the Fijian chiefs began to accept the institution and the paraphernalia and the inventions that went with it as uniquely Fijian. They also swore to obey everything that Governor commanded them to perform during the long years of British colonialism.

As historians of Fiji have argued, there is no evidence that the councils set up by Gordon were ‘purely native and of spontaneous growth’.

The chiefs rarely met in Council until the imported institutions of government required them to do so.

In 1875 the Government interpreter David Wilkinson refused to accept that the GCC was a body based on Fijian tradition: ‘The Fijian custom being that high Chiefs seldom, if ever, meet each other in Council.’ The GCC was directly subject to Gordon’s authority, the regulation that provided for its establishment stating:

‘The Governor is the originator of the Council and he alone can open its proceedings’.

The power Gordon held over the GCC was manifestly demonstrated when he threatened to abolish it on finding out that some of its chiefly members were drunk.

He recorded his dealings with the chiefs in his personal diaries that he published in four volumes between 1897 and 1912.

The disputes over chiefly successions, which are still prevalent today, were rampant. Ratu Bonaveidogo of Macuata, giving evidence on the position of Tui Macuata when asked to explain the customs of his tribe in the matter of chiefly succession replied that the custom was to fight about it.

Another contentious issue was the ownership of land, which has again reared its ugly head following the introduction of the Indigenous Lands Claims Tribunal and the Qoliqoli Bills.

The Bua Government was the earliest in the country to have taken the effective measure to control the sale of land in Fiji, passing, in 1866, an ‘Act to regulate the sale and leasing of lands within the kingdom and state of Bua’.

The Act stripped the power of the chiefs to sell or lease land and vested it to the Government, which fixed the price and shared the profits with the landowners. However, any rebellious tribe who did not conform to Tui Bua or conspired against him, faced expulsion, as the Korovatu people found to their cost in 1866.

The Yasawa islands, conquered by Ma’afu on behalf of Tui Bua, was not spared – the rebellious chiefs of Nacula and Tavewa found their islands sold to planter Hennings as a punishment for supporting Bau.

Other chiefs, especially Ratu Seru Cakobau and the Tui Cakau were equally ruthless. A year before the Deed of Cession was signed, as historian Peter France and others have demonstrated, the survivors from the vanua of Magodro, Qaliyalatina, and Naloto, following the outbreak of war in Ba, were deported from their lands and offered for sale to white settlers, their lands being confiscated and included in the offer of cession to British Crown.

The Lovoni people, who had revolted against Cakobau, had their lands mortgaged and sold by auction, and they themselves were sold as plantation labour at three pounds a head. Cakobau also gave away 200,000 acres of land to the Polynesian Company, including the Suva Harbour, in exchange for the payment of debts to the Americans. King Cakobau’s son Ratu Epeli, on being appointed as Lieutenant-Governor of Ba and Yasawa sold most of the northern islands to European settlers.

Commenting on the deeds of sale in Nasarawaqa, Bua, the Lands Commission noted that ‘they bear the signature of an extravagant of chiefs, most of whom had very little to do with the lands sold, culminating with the name of Ratu Epeli of Bau, who had about as much authority at that time, and in that part of Fiji as the Emperor of China’. Chief Ritova had alienated over 100,000 acres of land along the coast of Vanuabalavu.

The Tui Cakau had even given away the rights of levy over Cicia to Ma’afu in exchange for the Tongan chief’s canoes. Ma’afu had also taken up residence at Lomaloma after putting down a rebellion on Vanuabalavu and assuming control over the islands. The Tui Cakau had also given away a coastal stretch on Natewa Bay to planter Hennings, and also sold Natasa in Natewa, without informing its occupants. The lists are endless.

The missionaries were notey appropriated huge tracts of land in the name of Christianity and civilisation.

It was against that background that behind – thGovernor Gordon finally summoned the chiefs in 1876 to outline the traditionally recognised rights to land so that legislation could be framed.The chiefs were not sure of the immemorial traditions to land rights. The Land Commissioners equally struggled, with Basil Thomson concluding as follows: ‘The Fijians had no territorial roots. It is not too much to say that no tribe now occupies the land held by its fathers two centuries ago.’

In the end the present system of land ownership was devised, with the Native Lands Trust Board as the guardian of land rights in Fiji. Those championing for the introduction of the Qoliqoli and Indigenous Lands Claims Bill have, as I have written elsewhere, law on their side. However, the whole land debate and legislation of the old was framed in the aftermath of native and settler disputes over land rights in Fiji.

Sir Arthur Gordon had never factored into his policy the likelihood of Fijians refusing to share with other fellow Fijians the proceeds of their tribal lands, seas, and foreshores in the 21st Century. Commodore Voreqe Bainimarama and other interior Fijians have nothing to benefit from the Qoliqoli Bill, and it is this that I suspect that is driving him and others to oppose it to the bitter end. He even went to the extent of claiming that the Lauans pushing for the Bill will not be affected from its fall out. After all, the Lauan chief Ma’afu was not even a signatory to the Deed of Cession, which had unconditionally ceded Fiji to Queen Victoria in 1874.

The question that follows is who should be held accountable for the wanton loss of Fijian lands? Who should pay compensation? It is quite clear that it should be the descendants of the chiefs and the churches in Fiji. It is wrong, especially for the present chiefs and the Government, to blame only the colonialists and white settlers.

It was the present chiefs’ ancestors who are the real culprits, for it was they who sold the lands or sold lands over which they had little claim in the first instance to white settlers, planters, and missionaries.

The Governor Sir Arthur Gordon had come up with a land policy in the 19th Century to ensure that Fiji survived under his governorship.

According to one of his successors, Im Thurn, ‘It is too true that all Sir Arthur Gordon’s successors as Governors of Fiji have unquestionably followed him into the pit which he first dug. We-for I am a culprit too-followed his lead in thinking that the Fijians had good claims to the surplus land’.

It should not come as any surprise that in 1907 Gordon, by now Lord Stanmore, supported his land policy in the British House of Lords, for the chiefs had also given away two islands to him as a gift from the Fijian people.

Which Fijian people? And who owned those two lands to which Gordon had become the turaga taukei – a land owning chief in the country? Sadly the Fiji of 1876 is very different from the Fiji of 2006. The current stand-off between the Prime Minister and the Commodore on the Qoliqoli Bill is a testimony to that fact.

RIP, POSECI BUNE. We mourn the death of the former diplomat/politician who for four decades was an impeccable source, a guide, and friend to our Founding Editor-in-Chief. He was only rivalled by late Mere Samisoni

22/11/2023

We will look at his controversial life in politics and government later but for now we agree with the eulogy penned by one of our mutual acquaintances. The late Bune was 77 years old when he passed away from that dreaded killer - Prostrate Cancer

Eulogy
Alas, all who live must die, passing through life to eternity's shore. So it is written and so it has befallen our dear friend and colleague Poseci Waqalevu Bune.
Death lays its icy hands on Kings, their Scepter and Crown will tumble down and to the dust be equal made with the poor, the crooked scythe and the spade. There is a destiny in being born, a role in life from that very first morn. Live while you live.
So did Poseci. We served together in the national interest of Fiji. His family was my family and my family was his family.
The web of life is like a reel of thread. It has a beginning and it has an end. It has a mix of good and bad. It has a pattern of happiness and in between sadness.
So we live while we may seizing the pleasures of life of the present day. So did Poseci. He sought peace in Fiji and the world whenever there was conflict and faced danger with courage. And so his reel of life's thread has come to an end.
The dead they sleep a long, long sleep. The dead they rest and their rest is deep. The dead have peace but the living weep. But while he is dead, he still lives.
He lives in our hearts, in our minds, in our memory.
Dear Poseci, you have served your country and the world. And so now you rest. Sleep my friend and REST IN PEACE until you rise in glory on Resurrection morning.
Amen.

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