Sainimili Magimagi 
Suva lawyer Isireli Fa is urging indigenous communities to change the belief that decisions made by iTaukei institutions, like the iTaukei Land and Fisheries Commission, cannot be challenged.
Fa made the comments after a landmark court ruling on the chiefly title of the Vanua o Nadi that challenges the belief these decisions are final and can’t be legally questioned.
He says that legal options are available for those unhappy with how the institutions handle traditional matters, especially regarding traditional titles.
“To the public at large, this decision may come as a surprise because there has been a long held, but mistaken belief, that the decision of the ITLFC is final and conclusive and cannot be challenged by any court of law by sect 7 of the iTaukei Lands Act 1905.”
Fa adds that the case won this week shows the institution doesn’t have absolute power, as all their actions can be legally reviewed.
“The perception seems to be that the ILFC will decide, I have the power to decide, now that has often been mistaken as I will decide the way I want. Of course you will have to decide, but you will decide based on the records.”
He says the case has opened opportunities for others in similar situations to seek redress, adding that politics often interfere with chiefly titles due to political power.
“The best way is to take it to court and get it sorted out in a fair and just manner, sometimes you win sometimes you lose, but the process is transparent and if the process is transparent then the people will buy into that decision”.
Fa said the High Court decision offers valuable guidance to the ITLFC, helping them improve how they conduct their affairs and interact with landowning communities.
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