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Fiji judge upholds public’s right to know
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Posted on Jan 10 2001
Suva (PINA Nius) – A Fiji judge has ruled there is nothing wrong with publicising details of share holdings in a company funded by public money.
Justice John Byrne rejected an application by Fijian Holdings Limited for an injunction restraining people from commenting on the company publicly.
Justice Byrne described the motion by the company as “nothing more than a clumsy attempt to gag discussion of a legitimate topic of public interest, namely the use of $20 million of public money in a company dominated by private shareholders”.
Deposed government ministers Doctor Tupeni Baba and Adi Kuini Vuikaba Speed had published a statement alleging individual Fijians and Fijian family-owned companies had irregularly acquired shares in Fijian Holdings.
They alleged that the:
• Government loan of $20 million to the Fijian Holdings was for the benefit of individual Fijians and family-owned companies;
• Fijian Affairs Board condoned the share allotment;
• Interim Prime Minister Laisenia Qarase was managing director of the Fiji Development Bank and Fijian Holdings board member at a time when there was a dramatic increase in company shares issued to individuals and companies funded by the bank;
• and initiatives intended to help Fijians through provincial councils were hijacked by individuals and family companies linked with the then Soqosoqo Vakavulewa ni Taukei-led government.
They alleged Mr. Qarase’s ruling to convert the $20 million loan into a grant and to distribute a million shares to each of the provinces would result in provinces holding Class B shares, getting lower dividends compared to family companies holding Class A shares.
In its application, Fijian Holdings argued that the publication was false and that, unless restrained, further publication would cause irreparable damage to its reputation.
It alleged breach of confidence and that the defendants, especially Adi Kuini, had a duty not to take unfair advantage of their knowledge.
Justice Byrne said the Fijian Holdings secretary stated in his affidavit that the press release was not authorized by the company.
He ordered the company to pay $350 in court costs. Fijian Holdings chief executive Sitiveni Weleilakeba was unavailable for comment.
