PCRB chairman sits on db Group board, questions about conflict of interest raised

The independence of the Public Contracts Review Board (PCRB) has come under renewed scrutiny following the appointment of its Chair and another board member to the board of a company linked to one of the country’s largest business groups.

Kenneth Swain, Chair of the PCRB, has taken up a directorship at SD Finance plc, a financial vehicle within the SeaBank db Group controlled by Silvio Debono. The group has extensive interests across the Maltese economy, including sectors that regularly bid for government contracts.

The appointment has prompted concerns in both public and private circles about potential conflicts of interest, given the PCRB’s role as a quasi-judicial body that adjudicates appeals by companies contesting public procurement decisions involving contracts worth millions of euro.

The issue is compounded by the fact that another PCRB member, lawyer Vince Micallef, also sits on the board of SD Finance.

Micallef, a former police officer, has received a string of government appointments since the Labour Party returned to power in 2013. For years, he was also the business partner of OPM Parliamentary Secretary Andy Ellul.

Both Swain and Micallef maintain additional professional relationships with large business groups, providing legal and financial advisory services.

Critics argue that such links are undermining public confidence in the PCRB’s independence, which is required by law.

Swain did not respond to questions by The Shift when asked to explain why he accepted the SD Finance appointment, how many additional private boards he serves on, or which businesses are clients of his auditing firm, SWK Public Accountants and Auditors, based in Fgura. He also declined to comment on whether these roles create serious conflicts with his public duties.

The 42-year-old accountant was appointed Chair of the PCRB by Prime Minister Abela in 2024.

The PCRB hears dozens of cases each year, including disputes over contracts and concessions valued at millions of euro. Its decisions are binding and may be challenged only before the Court of Appeal.

Swain’s position has already drawn criticism in court.

Last year, the Court of Appeal overturned a PCRB decision relating to the adjudication of a €600 million tender for Malta’s first waste incinerator, involving Bonnici Group. The court ruled that Swain should have recused himself because of a prior role as a director at Enemalta, the state energy company, finding that this constituted a conflict of interest.

Swain declined to answer questions about how often he has recused himself from cases due to potential conflicts.

Members of the PCRB are appointed by the prime minister for renewable three-year terms. Under Swain’s leadership, the Board has accumulated a significant backlog, with several major procurement disputes left pending for years.

The PCRB has long faced criticism from businesses, lawyers and civil society groups over its perceived closeness to the government. Several of its decisions have been overturned by the courts following legal challenges.