AND WHEREAS the Bose Levu Vakaturaga having met in a special meeting over three
days from the 23rd day of May 2000 to the 25th day of May, 2000 to consider the
state of emergency and the grave political unrest in the Fiji islands, and passed
ten resolutions in its endeavours to find a practical and lawful solution to
the deepening national crisis;
AND WHEREAS the national crisis has caused and continues to cause serious adverse
effect and implications on the national security and the people in relation m
their daily lives and welfare including the national economy, the employment
situation, the education system, public transport and national security and it
is incumbent upon me to seek and adopt the best practical and lawful means available
to the of averting a potentially catastrophic political situation;
AND WHEREAS having regard to the aforesaid resolutions by the Bose Levu Vakaruraga
and the very precarious state of the nation, it is my sincere and firm belief
that I shall be acting in the best and wider interests of preserving and maintaining
law and order and returning our beloved country to normalcy;
NOW THEREFORE, given the immediate objectives of the Interim Military Government
to secure the release of the hostages at the Parliament Complex and for the surrender
and return of all weapons, ordnance and stores in the possession and control
of George Speight and his Group; AND in exercise of the powers vested in me under
section 9 of the Interim Civilian Government (Establishment) Decrees. No. 10
of 2000 and acting on the advice of the Cabinet, I hereby make the following
Decree
Short tide and commencement
1. This Decree maybe cited as the Immunity Decree 2000 and shall come into force
on the 13th day of July, 2000.
Interpretation
2. In this Decree, unless the context otherwise requires "political offence"means
an offence allegedly committed by any person or persons between the 19th day
of May, 2000 and the 13th day of July, 2000 (both dates inclusive), such offence
being either directly or indirectly prompted and motivated by tile attempted
illegal takeover of the Government on tire 19th day of May, 2000 and the political
developments during that period and including any offence. which has been subject
of police complaint, which was prompted or motivated by the political developments
during the relevant period.
Grant of Immunity
3.--(l) Notwithstanding Section 14(2) of the State Services Decree 2000 (No.
6 of 2000) George Speight the Leader of the Taukei Civilian Group. and members
of his Group who took part in the unlawful takeover of the Government democratically
elected under the 1997 Constitution on the 19th day of May, 2000 and the subsequent
holding of to hostages until the 13th day of July, 2000 shall be immune from
criminal prosecution under the Penal Code or the breach of any law of Fiji and
civil liability in respect of any damage or injury to property or person connected
with the unlawful seizure of Government powers, the unlawful detention of certain
members of the House of Representatives and any other person and no court shall
entertain my action or proceeding or make any decision or order, or grant any
remedy or relief in any proceedings instituted against George Speight or any
member of his Group.
(2) Subsection (1) also applies to any other person who acted under the directions,
orders or instructions of George Speight or any member of the Taukei Civilian
Government as a result of the unlawful seizure of Government powers and unlawful
detention of the Prime Minister end certain Cabinet Ministers and Members of
the House of Representatives and other persons.
(3) Subject to section(4), this Decree does not extend to any other person who
committed an offence under any law within and outside the parliament Complex
between the 19th day of May, 2000 and the 13th day of July, 200p in respect of
any act done without the directions, orders or instructions of George Speight
or any member of the Taukei Civilian Government.
(4) Any person who commits a political offence within the meaning of this Decree
shall be immune from criminal prosecution under the Portal Code or the breach
of any law of Fiji.
Miscellaneous
4.--(1) No compensation shall be payable by the State to any person in respect
of any injury to person or damage to property caused by or consequent upon any
conduct for which immunity has been granted under this Decree.
(2) This Decree shall not be amended or repealed by Parliament or any other Decree.
Made at Suva this 9th day of July 2000
COMMODORE J. V. BAINIMARAMA Commander and Head of Government
================================
[195]
INTERIM CIVILIAN GOVERNMENT (TRANSFER OF EXECUTIVE AUTHORITY)
DECREE 2000(INTERIM CIVILIAN GOVERNMENT DECREE NO, 19 OF 2000)
IN exorcise of the powers vested in the Military appointed Interim Civilian Government
V section 9 of tire Interim Civilian Government (Establishment) Decree No. 10,
I, Commodore losaia Voreqe Bainimaranna, Commander and Head of Government acting
on the advice of the Cabinet. hereby make this Decree for the purposes of handing
over the executive authority and legislative power of the State to an Interim
Civilian Govemment
Short title and commencement
1. This Decree maybe cited as the Interim Civilian Government (Transfer of Executive
Authority) Decree and commences on the 13th day of July 2000.
Interim President and Head of State
2.-(1) There shall bean Interim President who shall be the Head of State and
the Commander-in-Chief of the Republic of Fiji Military Forces
(2) The President shall be appointed by the Rose Levu Vakaturaga
Vice President
3. Them shall be an Interim Vice President who shall be appointed by the Bore
Levu Vakaturaga,
Power to make laws
4.-(1) The Government shall have the power to make laws for peace, order and
good governance of the State.
(2) The power to make laws under subsection (1) shall be exercised by means of
Decrees promulgated by the President on the advice of Cabinet
Executive authority
5.-(1) The executive authority of the State shall be vested in the President
(2) In the exercise of the executive authority a any power under this Decree
or any other written law, the President shall act only on the advice of tire
Cabinet, the
Prime Minister, a Minister or such other person or other body prescribed by this
Decree or any other written law.
(3) A written law may prescribe the circumstances in which the President may
actin his or her own judgement
Cabinet
6.-(1) There shall be a Cabinet consisting of a Prime Minister, the Attorney-General
and such other Ministers appointed by the President in his or her ownjudgement.
================================
[189]
NATIVE LAND TRUST ACT (AMENDMENT) DECREE 2000
INTERIM CIVILIAN GOVERNMENT DECREE NO, 14 OF 2000
IN exercise of the powers vested in the Military appointed Interim Civilian Government
under section 9 of the interim Civilian Government (Establishment) Decree
No.10,1, Josaia Voreqe Bainimaramama MSD. jasc pie, Commander and Head of Government
of Fiji acting on the advice of the Cabinet, hereby nuke the
following Decree
Short title.etc.
1.--(1) This Decree may be cited as the Native Land Trust Act ( Amendment) Decree
200 and comes into force on a date appointed by the Minister for Fijian
Affairs; and published in the Gazette,
(2) The Native Land Trust Act (Cap.] 34) is in this Decree referred tow the "principal
Act".
Interpretation
2. Section 2 of the principal Act is amended by repealing the definition of "nativeland" and
replacing it by -
" native land" means land which is neither State (formerly Crown) land
nor
the subject of a State (formerly Crown) grant and include.
(a) all vacant land;
(b) all land granted to a mataqali or other division or subdivision of Fijians
under section 18; and
(c) all land owned by extinct mataqali and allotted or dealt with by the Board
in accordance with section 19;
State ultimus haeres of extinct mataqali
3. Section 19 of the principal Act is amended
(a) in subsection
(1) - by deleting "fall re the Crown as ultimus haeres" substituting "vest
in the Board";
(ii) by deleting "by the Crown" and substitute "by the Board";
(b) in subsection (2) by deleting "fall to the Crown" and substitute "vest
in the Board"; (c) in subsection (6) by deleting "Crown land" and
substitute "native land";. (d)
by deleting the section heading and substituting -
" Extinct mataqali lands to vest in the Board"
New section 79A
4. The principal Act is amended by inserting after section 19 the following new
section
" Allotment of extinct mataqali lands 19A.
(1) An order by the Board under section 19(1) allotting or otherwise dealing
with land vested in the Board under that section must be transmitted to the Native
Lands Commission which must register the allotment or dealing in the Register
of Native Lands.
(2) Until an allotment of other dealing with vacant and is made under section
19(1), all income arising from the control and administration of the land, less
1596,
must be paid to the Central Fijian Treasury and used exclusively for the benefit
of Fijians in a manner and for purposes approved by the Moister on the advice
of
the Great Council of Chiefs.
(3) In exercising its powers undo this section or section 19(1) the Board must
comply with any procedures prescribed in the Native Land (Native Reserves)
Regulations."
Transfer of leases
5.-(i) Where a lease of any land was granted to any person by the Director of
Lands under section 19(1) of the principal
Act before the commencement of this Decree--
(a) the Director of Lands is replaced by the Board as lessor for all purposes;
and
(b) the income from the lease must be dealt with in accordance with section 19A(2)
of this Act, but otherwise the terms of the lease remain A before.
(2) All leases, deeds and instruments in respect of any land all allotted or
otherwise dealt with by the director of Lands under section 19(l) of the principal
Act
before the commencement of this Decree and current at the commencement of this
Decree are, until their expiry or earlier termination in accordance with their
terms
and conditions, governed by the State Lands Act (Cap. 132).
Transfer of contracts etc.
6.-(1) All contracts, agreements, conveyances, deeds, leases, licences and other
instruments or undertakings which
(a) were entered into by, or made with and addressed to the Director of Lands
(whether alone or with any other person);
(b) were in force at the commencement of this Decree; and
(c) relate to land allotted or dealt with under section 19(1) of the principal
Act before the commencement of this Decree,
are on or after that date, to due extent that they were at any time before that
date binding upon or enforceable by or against the Director of Lands, binding
and
enforceable by or against the Board as fully and effectively as if, instead of
the Director of Lands, the Board had been a party to them or bound by them or
entitled
to the benefit of them
(3) All documents or instruments brought in to existence for the purpose of evidencing,
recording or effecting the matters referred to in subsection (1) are exempt
from stamp duty under the Stamp Duties Act and that Act does not
(a) apply to any agreement brought into existence for the purpose of recording,
evidencing or effecting any transfer of property of the Director of Lands to
the
Board or the vesting of any such property in the Board;
(b) apply to any instrument recording, evidencing or effecting anything which
is the subject of this Decree;
(c) operate to impose or attract any duty, fine, penalty or assessment required
or seasonably necessary to give effect to the purpose and intent of this Decree.
(4) Nothing in the State of Lands Act, Forest Decree, Land Sales Act, Land Transfer
Act or any other written law invalidates or affects any mortgage, transfer, bill
of sale or security given or made to the Director of Lands to which the Board
has by virtue of this Decree become entitled instead of the Director of Lands.
Land titles
7.-(1) The Registrar of Titles must upon application and lodgement for registration
made by the Board make any entry upon any certificate of title, mortgage, lease
or other instrument or document under his or her custody or control that is necessary
or expedient in consequence of the vesting in the Board of
(a) vacant lands, under section 19 of the Native Land Act as amended by the Native
Lands Act (Amendment) Decree 2000; or
(b) lands owned by extinct mataqali under section 19 of the principal Act as
amended by this Decree, and the holder of any such certificate of title, mortgage,
lease,
instrument or document must produce it to the Registrar of Titles for that purpose.
(2) The Registrar of Titles must, upon application and lodgement for registration
made by the Board, make any other memorial or entry in any public record that
is
necessary of expedient to record the vesting of such land in the Board under
the principal Act or the Native Lands Act as respectively amended by this Decree
of
the Native Lands Act (Amendment) Decree 20110.
Actions etc. not to abate
8. Any action, arbitration or proceeding which at the commencement of this Decree
is pending by, against, or in favour of the Director of Lands, does not abate
and
is not discontinued or in any way prejudicially affected by this Decree or the
Native Land Act (Amendment) Decree 2000 but maybe prosecuted, continued and
enforced by, against or in favour of the Board as and when it might have been
prosecuted, continued and enforced by, against or in favour of the Director of
Lands
if neither this Decree nor the Native Lands Act (Amendment) Decree 2000 had been
promulgated.
Made at Suva this 12th day of July 2000.
================================
[190]
NATIVE LANDS ACT (AMENDMENT) DECREE 2000
INTERIM CIVILIAN GOVERNMENT DECREE NO.15 OF 2000
IN exercise of the powers conferred on the Military appointed Civilian Government
under section 9 of the Interim Civilian Government (Establishment Decree)
No.10 of 21700, I, Josaia Voreqe Bainimarama MSD, jssc, psc Commander and Head
of Government of Fiji and acting on the advice of the Cabinet, hereby
make this Decree--
Short title, etc.
1.-(I) This Decree maybe cited as the Native Lands Act (Amendment) Decree 2000
and comes into force on the date of commencement of the Native Land Trust
Act (Amendment) Decree 2000.
(2) The Native Lands Act (Cap. 133) is in this Decree referred to as the "principal
Act".
Interpretation
2. Section 2 of the principal Act is amended -
(a) by inserting before the definition of `Commission" the following new
definition -
" "Board" means the Native Land Trust Board established by section
3
of the Native Land Trust Act;';
(b) by repealing the definition of "native lands" and replacing it
by-
" "native lands" means lands which are neither State (formerly
Crown)
land nor the subject of a State (formerly
Crown) grant and includes
(a) all vacant land declared as such under this Decree
(b) all land granted to a mataqali or other division or subdivision of Fijians
under section 18 of the Native Land Trust Act; and
(r) all land owned by extinct mataqali and allotted or dealt with by the Board
in accordance with section 19 of that Act;".
Vacant lands
3. Section 19 of the principal Act is amended -
(a) in subsection (1) by deleting everything after tile fast sentence;
(b) by inserting after subsection (1) tire following Dew subsections -
" (IA) Lands marked out and defined under subsection (I) must be
(a) declared by the Minister by notice in the Gazette to be vacant lands under
the control of the Board; and
(b) dealt with in all respects as native lands-
(IB) Income arising from vacant lands vested in the Board under this section,
Less 15%, must be paid to the Central Fijian Treasury and used exclusively for
the
benefit of Fijian in a manner and for purposes approved by the Minister on the
advice of the Great Council of Chiefs;';
(c) in subsection (2)-
(a) by deleting "(I)" and substituting "(IA"): and
(b) by deleting "Crowd" and substituting "native";
(d) by deleting subsection (3) and substituting -
" (3) This section applies to all lands which were, before the commencement
of
the Native Lands Act (Amendment) Decree 2000, or which are, after the
commencement of that Decree, found by the Commission to be lands vacant et the
date of cession.";
(e) by adding at the end the following new subsection -
" (5) The transitional provisions contained in sections 5. 6. 7 and 8 of
the Native Land Trust Act (Amendment) Decree 2000 apply to vacant lands which
are
deemed to be native lands by virtue of this section as amended by the Native
Lands Act (Amendment) Decree 2000 as they apply to land of extinct mataqali under
that Decree.".
Made at Suva this 12th day of July 2000.
================================
[191]
MEMBERS OF PARLIAMENT (EX-GRATIA PAYMENT)
DECREE 2000
(INTERIM CIVILLIAN GOVERNMENT DECREE NO.16)
IN exercise of the powers conferred on the Military appointed Civilian Government
under section 9 of the Interim Civilian Government (Establishment Decree)
No.10 of 2000,1, Josaia Voreqe Bainimarama MSD, jasc, psc, Commander and Head
of Government of Fiji and acting on the advice of the Cabinet, hereby make
this Decree--
Short title
1. This Decree maybe cited as the Members of Parliament (Ex-Gratin Payment) Decree
2000.
Interpretation
2. In this Decree--
" full time office holders" includes the President and the Vice President,
the Speaker and Deputy Speaker of die House of Representatives, the President
and Deputy
President of the Senate and the Leader of the Opposition
" Members of Parliarnent" includes the President and Vice President,
the Speaker and Deputy Speaker of the House of Representatives, the President
and Deputy
President of the Senate staff of Parliament hired on contract, the Leader and
Deputy Leader of Opposition, the Leader of the House and the Government and
Opposition Whip
Ex-gratis payment
7.-(i) A Member of Parliament is entitled to ex-gratia lump sum payment of salary
for 6 months from 29th May 2000 pegged at the level he or she was receiving
prior to the prorogation of Parliament on 27th May 2000.
(2) Ministers and full time office holders are entitled to-
(a) 3 months housing allowance from 29th May 2000 provided that no such allowance
is payable if such person resides in a Government Quarter for 3 months from
29th May 2000;
(b) in die case of those not normally resident in Suva - $600 disturbance allowance:
(c) in the case of Members of Parliament residing in Suva-the actual cartage
costs of personal effects; and
(d) compensation of any unutilised leave earned during their tenure of office,
(3) Any medical expenses incurred by a medical practitioner visiting the hostages
between 19th May and the date of the release of any hostage shall be paid by
the
Government.
(4) A Member of Parliament is not entitled to pro ram ex-gratis payment under
this Decree if within 6 months from 29th May 2000, such Member of Parliament
is
appointed to a public office: PROVIDED THAT if any ex-gratia payment is made
prior to the appointment. any amount paid shall be' adjusted from the salaries,
allowances or other benefits payable to such member.
(5) Pension entitlement of a Member of Parliament shall be paid at the end of
the 6 months period after the payment of the ex-gratia payment to such Member.
(6) A Member of Parliament shall sign an indemnity agreement before the ex-gratia
payment is made to such Member.
(7) The receipt of any ex-grarta payment under this Decree by a member of Parliament
shall be in full settlement and satisfaction for any salary, allowances and any
other benefit due to such a Member had the Government elected under the 1997
Constitution continued. this is hidden character :)
Made at Suva this 12th day of July 2000.
COMMODORE J.V. BAINIMARAMA
Commander and Head of Government
Hosted
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