The law is dead

The courts are still issuing their rulings.  But the law is now just words on a piece of paper, because in Labour’s Malta, those very rulings by the highest Court are not only completely ignored but are publicly overturned to appease Labour donors, Labour loyalists and Labour accomplices.

Joseph Portelli and his mates built a row of penthouses in Sannat.  The Court of Appeal ruled that the permits issued for those penthouses were illegal and revoked them in March 2024.  The Planning Authority and the Planning Review Tribunal had conveniently, once again, “misinterpreted” the Gozo local plan to accommodate Portelli and his partners.

The penthouses did not meet setback rules.  Planning policy had been wrongly applied to allow the construction of two swimming pools in an Outside Development Zone (ODZ).  But Portelli and his business partners had already built those penthouses and swimming pools.

Portelli and his friends got two third-country nationals to submit applications to sanction those six penthouses in Triq it-Tempju tal-Imramma and another four penthouses in a neighbouring block. They thought that by hiding behind third-country nationals, nobody would notice.

Despite the court’s ruling, the case officer recommended approval to sanction those illegal developments.  The reason for his recommendation was that since Portelli and his business partners had already built adjacent developments to the height of those penthouses, there was no point in rejecting the applications to sanction.

Nobody was in doubt that those applications to sanction would be approved because chairing the Planning Commission was the notorious Elizabeth Ellul, handpicked for these specific circumstances.

With the stroke of her pen, the decision of the Court of Appeal to revoke the permits for those Sannat penthouses has been rendered irrelevant. Under Labour, and particularly in Clint Camilleri’s little empire of Gozo, the rule of law is dead.  The decisions of the courts aren’t worth the paper they’re written on.

Mark Agius, ta’ Dirjanu, one of Portelli’s associates, has separately applied to sanction those two swimming pools ruled illegal by the Court of Appeal.  Everybody knows what’s going to happen next.  Those swimming pools, like the penthouses, will be sanctioned, and what the Court ruled illegal becomes perfectly legal in no time.

Meanwhile, Gardens Marina Limited has applied to sanction the Capitanerie restaurant on the Ta’ Xbiex Promenade.  In the Court of Appeal, Chief Justice Mark Chetcuti ruled the permits issued for the development of that restaurant illegal.  That was months ago.  But again, the Courts ruling was not enforced.  The Capitanerie restaurant, already half built, was not demolished.

Even the crane stationed at the site was not removed.  Everybody knew that no action would be taken to demolish the illegal development on the Ta’ Xbiex promenade.  That restaurant on a prime site with vistas of Valletta and its bastions is being developed for Robert Abela’s close friends, Mark and Paul Gauci.

The court of appeal ruled that the restaurant was being built on land partly designated as public open space and the rest as a “White Area”, which means that no development can occur there without an official designation in the local plan.  Besides, Transport Malta was both the project applicant as well as the body assessing the impact of the development, a massive conflict of interest if there ever was one.

Labour’s inaction and its defiance of the Appeal Court ruling has allowed Abela’s friends, the Gaucis, to petition the Lands Authority to agree to the development.  It comes as no surprise that the Lands Authority has been terribly accommodating to Abela’s friends. In August, the Lands Authority issued its consent for the Gaucis’ development on public land.

That letter also refers to a zoning application through which the Gaucis may change the designation of the area in the local plan despite the fact that no zoning application has been issued for public consultation.

None of this is new.  Ian Borg’s swimming pool at his countryside villa was declared illegal twice.  The court halted Borg’s project in 2019 after the permit was revoked.  But Borg reapplied and was granted another permit to construct his swimming pool just a few months later.

Despite appeals lodged, Borg ploughed on and completed his pool. Again, it was declared illegal in 2023. But who cares?  The court can issue as many rulings as it pleases, but nobody gives a hoot.  No enforcement notices were issued, no action was taken, and Borg’s pool hasn’t been demolished.

A permit issued to Anton Camilleri, tal-Franciz, to develop the Villa Rosa site was also declared illegal by the court. But that didn’t stop Camilleri from demolishing two British-era buildings at the site.  Another massive development of Camilleri’s at tal-Papa, Birzebbuga, has also had its permit revoked.  That building, too, has been declared illegal by the courts. But Labour refuses to enforce court decisions it dislikes.

The court also declared illegal swimming pools developed in Xaghra by Joseph Portelli’s partner, Mark Agius, in the protected Marsalforn valley.  They were built in ODZ in breach of the law – but they’re still there.  Portelli’s swimming pools in another ODZ in Qala are also illegal, but nobody has bothered taking any action. Everybody knows they’ll be sanctioned, too.

Labour is glaringly allowing lawlessness.  It is encouraging its proteges to break the law, guaranteeing them protection from enforcement, and sanctioning their illegalities.

This is nothing short of open defiance of the judiciary and a brazen autocratic power grab.  The legislature is completely powerless, serving only as the loyal slave of the Executive.

The judiciary is rendered absolutely toothless.  Court rulings come down, but nothing happens.  The agencies responsible for implementing those rulings don’t just ignore them; they reverse them. All of those agencies – the Lands Authority, the police, the Attorney General’s office – are hollowed out by loyalist appointees.

The courts have no police force of their own to enforce their rulings.  The Appeals Court has no standing army.  The law is now just words on paper, deprived of any mechanism that gives it force. The only power left in the country is Robert Abela – unchecked and uncontrolled.