The transformation of a field into an entertainment and pool area by Foreign Minister Ian Borg at his home in Santa Katarina on the outskirts of Rabat that has been declared illegal by the courts will have to be removed since the law doesn’t allow it to be sanctioned.
In a letter sent to Planning Authority Executive Chairperson Oliver Magro, an objector to the minister’s illegal development, Noel Ciantar, asked the PA to explain why it hasn’t yet issued an enforcement order against the minister and to declare when it will be taking action to remove the illegalities.
Ciantar told Magro that the PA cannot continue to use “two weights and two measures” just because the illegal development belonged to a senior member of cabinet.
He also reminded the PA that Minister Borg’s development cannot be sanctioned as the law does not permit such developments.
Funnily enough, the owner of the other half of the field where Borg built his swimming pool has been slapped with an enforcement order over a much smaller illegality, a small shed.
“I draw your attention to the fact that a development on the field next to the one of the Minister – which field in the past formed one property known as Tal-Musmar or il-Gnien tad-Dahla – is the subject of enforcement notice EC/00010/15,” Ciantar reminded the PA.
Minister Ian Borg’s property (in blue), where a swimming pool was illegally built and which has not had an enforcement order. But his neighbour’s property in the same original field (outlined in red) has been slapped with an enforcement order over a small shed.
“I believe that it is fair for anyone in the public to expect that the Authority will not use two weights and two measures on the same property, discriminating on the grounds of ownership.
“I also draw attention to how the authority fought tooth and nail against the development on the adjacent field, which was recently the subject of a development application,” said the objector, who won all the court cases he instituted against the minister’s development.
Last March, after a long legal battle defended by the Planning Authority, the Court of Appeal declared the Authority issued an illegal permit for Minster Ian Borg to turn arable land into a swimming pool and an entertainment area in the rural setting.
The law does not permit such development in the minister’s residential area but the Authority was found to have twisted the law to give Borg, at the time the minister responsible for the Authority, an illegal permit.
Despite knowing that the permit was being challenged in court, Borg sped up the illegal development and completed the pool before the court could hand down its judgement.
But despite the permit’s revocation, the Authority appears to be treading lightly around the minister’s illegality and has so far failed to issue an enforcement notice as required and no action whatsoever has been taken against the minister.
Oliver Magro, a former advisor to Prime Minister Robert Abela who has been placed at the PA’s helm, told The Shift weeks ago that he was studying the court judgement.
Despite calls for Borg to resign over the matter, Prime Minister Robert Abela is still defending him. Borg, meanwhile, has not commented on the court judgement.
How disgraceful of Ian Borg, namely entering and remaining in politics to pursue personal advantage and to intimidate public authorities not to act in terms of law but rather to ensure impunity and flagrant discrimination by their inaction
The Minister and the Authorities are simply showing the middle finger to the Court.
Will the courts accept this?
Should the courts act and drag the culprits to court for insubordination ?
Who will catch these rats?
Aren’t all these rogue politicians there for the same thing?
No not all; and the Labour Party had some monumental figures in this respect as well including another from Dingli like Ian Borg, Guze’ Abela, who towers over Ian, to mention only one example. Do not throw the baby with the water.
I cannot understand what keeps the Judge who decided the case from not taking action to have his judgment enforced,
Have the Judges been neutered also?
Are some judges subservient to some dark organisation ?
Or is this again the AG who is playing footsie ?
Yet another example of the total disregard of the Prime Minister and his cabinet to uphold the rule of law.
It is increasingly apparent that the whole system to ensure justice for all has been seized and that there are indeed 2 sets of rules in play.
If the implications weren’t so serious, it would be farcical.
The Judge’s decision needs no enforcement by the Judge. The judgement nullified the permit. The permit is gone. Vanished in thin air. Actually, it never existed. That’s what nullification does. Quod nullum est, nullum producit effectum. Malta’s Foreign Affairs Minister built a swimming pool without a valid permit.
Now it is for the Planning Authority to prove that it was not acting in bad faith all along by respecting the court decision and acting on it. If it continues “to study” a dead permit then one cannot be blamed for accusing the Authority of acting in bad faith.
YES is the simple answer
Issa halluwielu halli jkollu fejn ibahbah siequ
Well!
The PA needs time to examine the Court judgement. Well summer is fast approaching so I guess that the Minister will have ample opportunity to put deckchairs and sunbeds and enjoy his swimming pool.
The same holistic approach is being taken and promised by the government for Comino!!!
Those who do not do the job for which they are hired and paid are committing a crime against the community of Malta.
By the way, support for corruption is nowhere in the employment contract.
To have a socialist heart does one need to have a swimming pool and a villa? One minister decorates his with a stolen national heritage object and his cabinet mate builds himself an illegal one without a planning permit. It seems that in this socialist paradise, only the ordinary poor plebs are punished for breaking the law.
Meta l lands dept kienet ghadha tahtdan l ministru hargu artijietghar registrazzjoni f Ghawdex minghajr mas sidien kienu jafu w marru jigru jirregistrawhom l klikka tat taparsi Navarra! U hadd ma jigi investigat!! Tal-misthija!! U wiehed minnhom kien u nahseb ghadu l head tal lands dept f Ghawdex!! Tal-blih!!
Jekk hu ragel,0ian Borg messu jkun re model u jerga jgib il- post kif kien qabel.Ahna lkoll ndaqs suppost.