Issue link: https://maltatoday.uberflip.com/i/1089428
NEWS maltatoday | WEDNESDAY • 6 MARCH 2019 2 CONTINUED FROM PAGE 1 "Cabinet has unanimously resolved a vote of thanks to the President for her sterling work. We are glad that she will continue with her contribu- tion towards Maltese society through the Foundation for Social Wellbeing," Muscat said. Reacting to the announcement, the Labour Party said Vella was known for his integrity, adding that he had a long history in public life, having rep- resented Malta in the international sphere. The PL said there was no doubt that Vella would serve the nation in the best way possible and in the interest of all Maltese and Gozitan people. The party also thanked outgoing President Marie-Louise Coleiro Preca for her "impeccable" work, including her work which gave a voice to many people across society. Labour MEP Alfred Sant said Vella's nomination was well deserved and poured praise over his former deputy prime minister. "He has been a wit- ness for capability, intelligence, integ- rity and tolerance. I learnt much from seeing him work, taking decisions to the benefit of Malta and the Maltese, without any hint of partisanship. He took these decisions with courage and honesty." Sant said he was convinced Vella serve this role with sincerity, justice and wisdom, and work as an agent of genuine unity for all Maltese and Goz- itans. He also paid tribute to Marie- Louise Coleiro Preca, whom he said had fulfilled her duties impeccably. "She gave her office a social dimen- sion and proved how one can act as a guide in this role to the greater benefit of the country. The Maltese should be grateful for what she managed to achieve." 'Missed opportunity' – PN The Nationalist Party however said that Vella's nomination showed that the Prime Minister wasn't "able to re- sist internal partisan pressure, for him not to nominate someone from the opposing political camp, or to choose someone that enjoys the confidence of a two-thirds parliamentary majority". "This when considering that there was more than enough time for this to be done," the PN said, adding that a more unifying figure would have been "the first clear step that shows that the Government wants to enact serious change that give credibility back to the country and its institutions". The PN said that in addition to hav- ing missed an opportunity for more national unity, it was also a missed op- portunity to have a greater balance of power and safeguarding of the consti- tution and the institutions as recom- mended by the Venice Commission. "The PN has already proposed that the Venice Commission's recommen- dations be immediately implemented in full in order to assure the independ- ence of the country's institutions and for these same institutions to truly serve citizens, rather than being used in a manner which suits the govern- ment." The Democratic Party said the nom- ination of the President of the Repub- lic was the prerogative of the Prime Minister and that this was formalised in Parliament. "Dr George Vella was always a ca- pable politician," the PD said. "In the context of the present political sce- nario, it would have been prudent had the choice been a person perceived to be close to all citizens of Malta and Gozo." Vella's choice a sign of government giving in to pressure - PN CONTINUED FROM PAGE 1 The Court of Appeal, in a judgement on an eviction case by the Rent Regulation Board, said it was unable to make a con- stitution review of the law. The judgment in the case of Robert Galea against Major John 'Vanni' Ganado revolved around an article in the 1979 Hous- ing (Decontrol) Ordinance, the law which converted temporary emphyteutical leases into con- trolled rents. That law effectively sought to transform hundreds of private individuals into social housing providers by compelling them to keep renting out their properties at a low rent, with no remedy at law for just compensation. But law has been repeatedly rejected at European level as a breach of the right to property found both in the Constitution and the European Convention of Human Rights. Last year Malta tried to address the problem subjecting ten- ants to a means test so that they would have the right to continue occupying the property, for a rent of not more than the equiv- alent of 2% of the market value of the property, part of which would be paid by the State. This law applies to new cases, as well as those who have already been subject to a decision of court of constitutional jurisdiction. In the case under appeal, Galea owned a property which was subject to a protected lease. He sought to challenge the legality of the Housing (Decontrol) Or- dinance in a civil court. This was at a time when the 2018 law to means-test tenants had not yet been introduced. In its judgment, that court once again declared article 12 of the Housing (Decontrol) Ordinance to be in breach of the right to property, and stated that the Ga- nado tenants could no longer use this article to justify their contin- ued occupation of the property. Galea then requested the Rent Regulation Board to evict the tenants. The Rent Regulation Board up-held the request, but the defendants appealed, stat- ing that in the meantime, the means-testing rules had come into force, and the that the Rent Regulation Board should have applied the new law. In its judgment on the case, the Court of Appeal presided by Mr. Justice Anthony Ellul, noted how effectively, the newly introduced mechanism stated that even a landlord who had a favourable judgment of the court of consti- tutional jurisdiction, making his tenant's eviction possible, could not proceed to request the evic- tion of the occupier without first availing himself of the procedure under the new law. The Court of Appeal expressed its reservations on this new law, which it said added yet another layer of frustration for property owners, but noted that as a court of appeal in its ordinary jurisdic- tion, it lacked competence to actually decide about the con- stitutionality of the new law and could not order a con-stitutional reference on the matter of its own accord. The judge therefore varied the judgment of the Rent Regula- tion Board by revoking the parts which ordered the eviction, but also opted to send back the acts of the case to the Rent Regulation Board to give chance to the plain- tiff to decide on his next step. Court refers parts of judgement back to Rent Regulation Board Under Alfred Sant (centre), George Vella (left) was deputy leader of the Labour Party with Joe Brincat LIKE Marie-Louise Coleiro Preca, George Vella belongs to a generation of Labour politicians who worked under all post-independence party leaders. He is considered to be a mentor to Muscat, having actively supported his 2008 leadership bid against former co-deputy leader George Abela. A popular family doctor from Zejtun, he was first elected to parliament in 1976 and served in the House of Representatives until 2017. Vella was deputy prime minister in the Alfred Sant administration of 1996-1998. Though elected from a Labourite stronghold, which at one point was notorious for its loyalty to firebrand Wistin Abela, Vella was respected for his loyalty, moderate views and strong opposition to thuggery in politics. His first ministerial position was as foreign and en- vironment minister when he also served as deputy prime minister during Sant's short premiership. Of Malta's nine presidents, only the first was not a former politician – Anthony Mamo, the Chief Jus- tice at the time, who was appointed when Malta be- came a republic in 1974. All other presidents of the republic were former senior government ministers, MPs or occupied posts within a political party. Eddie Fenech Adami was the only prime minister to go on and become president. George Vella