Custom land dispute stalls Blacksands roadworks

March 26, 2026 10:40 pm | Posted in Business News | Share now TwitterFacebook

By Terence Malapa.

The Supreme Court has issued urgent interim orders stopping road clearing and construction works at Blacksands after finding that custom landowners raised serious legal concerns over alleged unlawful encroachment.

In Bakokoto v Kaltongga [2026] VUSC 42, Chief Justice (CJ) Vincent Lunabek granted interlocutory orders restraining the defendants from continuing work on a road running from Master Bourgeois at Blacksands to Britano and Matantapoa until further orders of the Court.

The claimants — Kalmanu Bakokoto, Thomas Taura, and Muana Feandre — filed an urgent application in February, arguing that the road widening works, which expanded the road from about four metres to ten metres, were carried out without their consent and had damaged their custom and leased lands.

They told the Court that bulldozing had destroyed parts of their property, including kitchens, water systems, and fruit trees, while also reducing the size of their land and exposing their homes to the public. The claimants further argued that their constitutional rights as custom landowners had been breached, as no consultation or compensation had been provided.

The first defendant, Richard Kaltongga, opposed the application, maintaining that the road development was in the public interest and supported by the surrounding community. He also argued that some of the affected areas fell within registered easements designated for road access and claimed the project had been discussed over several years.

However, evidence before the Court indicated that the road works were not carried out under any official government project. Correspondence from the Public Works Department (PWD) confirmed it had no involvement, stating the works were part of a private arrangement outside its authority.

The Court also noted evidence suggesting the sixth defendant, identified as the Prime Minister, may have been linked to funding for the project, though this issue remains to be determined at trial.

In its ruling, the Court found that the claimants had established a “serious question to be tried” and were likely to suffer significant disadvantage if the works continued. CJ Lunabek ruled that the legal threshold under Rule 7.5 of the Civil Procedure Rules had been met, allowing the Court to grant interlocutory orders even before a substantive claim is formally filed.

The judge rejected arguments that the claimants lacked standing, confirming they had sufficient basis to bring the case.

The Court ordered that all road works cease immediately and directed the claimants to file their substantive claim by today, March 27, 2026. The matter has been scheduled for a case conference on April 2, 2026. 

Costs were reserved.