The High Court has ruled against Unaisi Nawalowalo Cabenatabua’s request to access two critical bank accounts belonging to the Suva Branch of the Nai Soqosoqo Vakamarama iTaukei Trust Board. Cabenatabua had argued that her legitimate election as President in July of the previous year was compromised by alleged financial mismanagement by the Board. She sought a court injunction to freeze the accounts at ANZ and BSP banks while the legal dispute was ongoing. However, she was dismissed from her position after a special general meeting in April this year.
Justice Dane Tuiqereqere of the High Court explained that granting such an injunction would hinder the Trust Board’s operational capabilities, particularly their fundraising activities. Cabenatabua also failed to offer a guarantee to cover potential damages in case her legal claims were unsuccessful. As a result, the temporary injunction on the ANZ account was lifted, with decisions on costs to be made later.
The judgment mirrors past legal conflicts regarding leadership and control in community organizations, similar to a previous case involving former president Unaisi Cabenatabua of the Kadavu Soqosoqo Vakamarama. These cases bring to light the challenges of managing trust accounts during leadership transitions. Courts often strive to balance protecting assets with ensuring organizations continue to function smoothly.
This ruling adds to the ongoing discourse in Fiji about governance and accountability in community-based organizations. Such cases emphasize the importance of transparent leadership transitions and could spur reforms that establish clear protocols for managing similar disputes. Despite the challenges, these judicial decisions demonstrate a commitment to due process and accountability, helping to set clearer governance standards. As these issues develop, they have the potential to improve leadership practices within Fiji’s local communities, fostering organizational integrity and transparency.