The people of Collingwood Bay in Oro Province are in a real celebratory mood after the Department of Lands conceded to giving back their customary land after 20 years of court battles.
The people have reclaimed their land – a total land area of 38,350 hectares, given away by the Department of Lands in two Special Agriculture Business Leases (SABL) for 50 years.
Congratulatory email and text messages began flowing straight after the court victory. This is an example of perseverance and consistency in seeking redress by a group of dedicated, determined and organized landowners, supported by a wide range of individuals and organizations.
Justice Gavara-Nanu endorsed orders by consent in the following terms, that:
- The Application for Judicial Review is granted; and
- The Special Agriculture and Business Lease granted on 27th July 2012 to Sibo Management Limited for a period of 50 years over all that piece of land known as “Kwagir” being Portion 113C Milneinch Murua Fourmil, Tufi, Oro Province, having an area of 21, 520 hectares is null and void and is quashed; and
- The Special Agriculture and Business Lease granted on 27th July 2012 to Wanigela Agro Industrial Limited for a period of 50 years over that piece of land known as “Dirididadan” being Portion 143C Milinch Kupari Fourmil Tufi, Oro Province, having an area of 16,830 hectares is null and void and is quashed; and
- The Fourth, Fifth and Sixth Defendants shall surrender the Original Owners Copies of the respective Title Deeds to the Registrar of Titles for cancellation within fourteen (14) days from the date of this Order for cancellation; and
- The registrar of Titles shall make necessary amendments and deletions to the Registrar of State leases to give effect to paragraphs 2 and 3 of this Order within fourteen (14) days from the date of the Order and furnish the Plaintiffs with copies of the cancelled Title Deeds accordingly; and
- The Secretary for Lands shall amend all records of the State Land Files to give effect to 2 and 3 of this Order within fourteen (14) days from the date of this Order; and
- The interim orders made by this Court on 13 December 2013 are extinguished; and
- Costs are reserved with parties at liberty to apply upon seven (7) days’ notice to the other parties; and
- The time for entry of these orders be abridged to the date of settlement by the Registrar which shall take place forthwith
The Government of Peter O’Neill has so far provided lip service to the demands for the cancellation of SABLs that were found by the SABL Commission of Inquiry to have been fraudulently issued.
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Sealed Court Order_20 May 2014.pdf | 660.73 KB |
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