Moviment Graffitti has accused the Maltese government and developer Joseph Portelli of undermining justice by attempting to legalise swimming pools built in Qala’s ODZ, despite a court ruling earlier this year declaring them illegal.
The activist group condemned the government and Portelli’s handling of these developments, calling it a ‘mockery of justice’.
They argued that a planning system favouring developers over environmental and community concerns was failing to uphold the rule of law.
The controversy involves two large swimming pools illegally built on 700 square metres of agricultural land outside the development zone (ODZ) in Qala, Gozo.
These pools, part of a 164-apartment complex developed by Excel Investments Ltd, a company partially owned by Portelli, were approved under questionable circumstances during the 2022 electoral campaign.
Despite a court ruling in March declaring the pools illegal, the developers are now seeking to legalise them. Moviment Graffitti had reported these illegal works to the Planning Authority in 2021, but construction continued.
Even after the court annulled the permit earlier this year, the pools remain operational with no significant enforcement action taken.
The group has criticised the government for consistently bending the rules to benefit developers like Portelli, undermining the integrity of the planning system.
They point out that current laws allow developers to complete projects while appeals are pending, leading to the persistence of illegal developments even after permits are revoked.
In June, Moviment Graffitti took direct action at the illegal pools to highlight the government’s failure to address Portelli’s tactics and demand urgent reforms to the planning appeals system.
Despite Prime Minister Robert Abela’s promises to reform the law, no significant changes have been made, allowing developers to continue operating with impunity.
On 6 August, Moviment Graffitti intervened during a Planning Authority hearing concerning another of Portelli’s controversial developments in Qala.
The application, PA/00296/23, sought to demolish a vernacular room to build seven new apartments, two swimming pools, and additional garages as part of the Ta’ Kassja development.
The activists, along with the Qala Local Council and environmental NGO Din l-Art Ħelwa, successfully argued that this application was connected to a previously revoked illegal development (PA/9606/19).
Their intervention led to the temporary suspension of the application. Moviment Graffitti warned that further actions are likely if necessary reforms to the planning appeals law are not introduced promptly.
The group, supported by local communities and environmentalists, continues to demand the immediate demolition of the illegal pools and a comprehensive overhaul of planning laws that currently favour developers.
Xejnsew.com!
In some instances it seems that justice could be measured by the thickness of brown envelopes – or, at least, by the excellence of the fare offered at dinners!
The Maltese Chair in Office of the OSCE, Ian Borg, who earlier this year also served as the President of the UN Security Council – a Council of the world’s leading promoter of the rule of law – also has an illegal swimming pool which he developed in the front garden of his residence in similar legal circumstances to those of Portelli. In the case of Borg, even his residence was built with a permit issued with “a grave error on the part of the Planning Authority” (the Ombudsman).
But did Moviment Graffiti enter Borg’s swimming pool in protest?
You see, responsibility starts from the top. It is the politicians who are in the first line of accountability. Once politicians are let off the hook by organised society, the war for rule of law is undermined and lost.
Why shouldn’t Portelli have what Malta’s Chief Foreign Affairs Diplomat has? If Borg is qualified to represent Malta in the highest offices of the world whilst having an illegal development on his property, then what’s wrong if we all have the same?