{ Adopted: 1964 / Status: 1996 }
{ Official Title: "The Constitution of Malta" }
{ Official English language version of the constitutional text }
{ First published by the Department of Information in 1992 }
{ Edition includes amendments adopted in 1994 (Section 101A) and in 1996 (Section 52) }
Chapter I The Republic of Malta
Section 1 [State Principles]
(1) Malta
(2) The territories of Malta consist of those territories
comprised in Malta immediately before the appointed day,
including the territorial waters thereof, or of such territories and
waters as Parliament may from time to time by law determine.
(3) Malta is a neutral state actively pursuing peace, security and
social progress among all nations by adhering to a policy of
non-alignment and refusing to participate in any military
alliance. Such a status will, in particular, imply that:
(a) no foreign military base will be permitted on Maltese
territory;
(b) no military facilities in Malta will be allowed to be used by
any foreign forces except at the request of the Government of
Malta, and only in the following cases:
(i) in the exercise of the inherent right of self-defence in the
event of any armed violation of the area over which the
Republic of Malta has sovereignty, or in pursuance of measures
or actions decided by the Security Council of the United
Nations; or
(ii) whenever there exists a threat to the sovereignty,
independence, neutrality, unity or territorial integrity of the
Republic of Malta;
(c) except as aforesaid, no other facilities in Malta will be
allowed to be used in such manner or extent as will amount to
the presence in Malta of a concentration of foreign forces;
(d) except as aforesaid, no foreign military personnel will be
allowed on Maltese territory, other than military personnel
performing, or assisting in the performance of, civil works or
activities, and other than a reasonable number of military
technical personnel assisting in the defence of the Republic of
Malta;
(e) the shipyards of the Republic of Malta will be used for civil
commercial purposes, but may also be used within reasonable
limits of time and quantity, for the repair of military vessels
which have been put in a state of non-combat or for the
construction of vessels, and in accordance with the principles of
non-alignment the said shipyards will be denied to the military
vessels of the two superpowers.
Section 2 [State Religion]
(1) The religion of Malta is the Roman Catholic Apostolic
Religion.
(2) The authorities of the Roman Catholic Apostolic Church
have the duty and the right to teach which principles are right
and which are wrong.
(3) Religious teaching of the Roman Catholic Apostolic Faith
shall be provided in all State schools as part of compulsory
education.
Section 3 [National Symbols]
(1) The National Flag of Malta consists of two equal vertical
stripes, white in the hoist and red in the fly.
(2) A representation of the George Cross awarded to Malta by
His Majesty King George the Sixth on the 15th April, 1942 is
carried, edged with red, in the canton of the white stripe.
Section 4 [National Anthem]
The National Anthem of Malta is "L-Innu Malti" opening with
the words "Lil din l-Art helwa l-Omm li tatna isimha".
Section 5 [National Language]
(1) The National language of Malta is the Maltese language.
(2) The Maltese and the English languages and such other
language as may be prescribed by Parliament (by a law passed
by not less than two-thirds of all the members of the House of
Representatives) shall be the official languages of Malta and the
Administration may for all official purposes use any of such
languages:
Provided that any person may address the Administration in any
of the official languages and the reply of the Administration
thereto shall be in such language.
(3) The language of the courts shall be the Maltese language:
Provided that Parliament may make such provision for the use
of the English language in such cases and under such conditions
as it may prescribe.
(4) The House of Representatives may, in regulating its own
procedure, determine the language or languages that shall be
used in Parliamentary proceedings and records.
Section 6 [Supremacy of the Constitution]
Subject to the provisions of subsections (7) and (9) of section
47 and of section 66 of this Constitution, if any other law is
inconsistent with this Constitution, this Constitution shall prevail
and the other law shall, to the extent of the inconsistency, be
void.
Section 7 [Work]
The State recognises the right of all citizens to work and shall
promote such conditions as will make this right effective.
Section 8 [Culture, Science]
The State shall promote the development of culture and
scientific and technical research.
Section 9 [Environment, History, Arts]
The State shall safeguard the landscape and the historical and
artistic patrimony of the Nation.
Section 10 [Primary Education]
Primary education shall be compulsory and in State schools
shall be free of charge.
Section 11 [Education]
(1) Capable and deserving students, even if without financial
resources, are entitled to attain the highest grades of education.
(2) The State shall give effect to this principle by means of
scholarships, of contributions to the families of students and
other provisions on the basis of competitive examinations.
Section 12 [Work, Vocational Training]
(1) The State shall protect work.
(2) It shall provide for the professional or vocational training
and advancement of workers.
Section 13 [Working Hours, Vacation]
The maximum number of hours of work per day shall be fixed
by law.
(2) The worker is entitled to a weekly day of rest and to annual
holidays with pay; he cannot renounce this right.
Section 14 [Gender Equality]
The State shall promote the equal right of men and women to
enjoy all economic, social, cultural, civil and political rights
and for this purpose shall take appropriate measures to
eliminate all forms of discrimination between the sexes by any
person, organisation or enterprise; the State shall in particular
aim at ensuring that women workers enjoy equal rights and the
same wages for the same work as men.
Section 15 [Working Age]
The minimum age for paid labour shall be prescribed by law.
Section 16 [Working Children]
The State shall provide for safeguarding the labour of minors
and assure to them the right to equal pay for equal work.
Section 17 [Disability]
(1) Every citizen incapable of work and unprovided with the
resources necessary for subsistence is entitled to maintenance
and social assistance.
(2) Workers are entitled to reasonable insurance on a
contributory basis for their requirements in case of accident,
illness, disability, old-age and involuntary unemployment.
(3) Disabled persons and persons incapable of work are entitled
to education and vocational training.
Section 18 [Private Economy]
The State shall encourage private economic enterprise.
Section 19 [Trade]
The State shall provide for the protection and development of
artisan trades.
Section 20 [Co-operatives]
The State recognises the social functions of co-operatives and
shall encourage their development.
Section 21 [Guiding Principles are no Rights]
The provisions of this Chapter shall not be enforceable in any
court, but the principles therein contained are nevertheless
fundamental to the governance of the country and it shall be the
aim of the State to apply these principles in making laws.
Section 22 [Citizenship]
(1) Every person who, having been born in Malta, is on the day
before the appointed day a citizen of the United Kingdom and
Colonies shall become a citizen of Malta on the appointed day:
Provided that a person shall not become a citizen of Malta by
virtue of this subsection if neither of his parents was born in
Malta.
(2) Every person who, having been born outside Malta, is on
the day before the appointed day a citizen of the United
Kingdom and Colonies shall, if his father becomes, or would
but for his death have become, a citizen of Malta in accordance
with the provisions of subsection (1) of this section, become a
citizen of Malta on the appointed day.
Section 23 [Registration]
(1) Any person who, but for the proviso to subsection (1) of
section 22 of this Constitution, would be a citizen of Malta by
virtue of that subsection shall be entitled, upon making
application before the expiration of two years from the
appointed day in such manner as may be prescribed, to be
registered as a citizen of Malta:
Provided that a person who has not attained the age of eighteen
years (other than a woman who is or has been married) may not
himself make an application under this subsection, but an
application may be made on his behalf by the person who
according to law has authority over him.
(2) Any person who on the day before the appointed day is or
has been married to a person --
(a) who becomes a citizen of Malta by virtue of section 22 of
this Constitution: or
(b) who having died before the appointed day would, but for his
or her death, have become a citizen of Malta by virtue of that
section, shall be entitled, upon making application in such
manner as may be prescribed and upon taking the oath of
allegiance, to be registered as a citizen of Malta.
(3) Any person who on the day before the appointed day is or
has been married to a person who, on or after the appointed
day, becomes a citizen of Malta shall be entitled, upon making
application in such manner as may be prescribed and upon
taking the oath of allegiance, to be registered as a citizen of
Malta.
(4) Any woman who on the day before the appointed day has
been married to a person who becomes, or would, but for his
death, have become entitled to be registered as a citizen of
Malta under subsection (1) of this section, but whose marriage
has been terminated by death or by such dissolution as is valid
under the law of Malta shall be entitled, upon making
application before the expiration of two years from the
appointed day and in such manner as may be prescribed and, if
she is a British protected person or an alien, upon taking the
oath of allegiance, to be registered as a citizen of Malta.
(5) The provisions of subsections (2), (3) and (4) of this section
shall be without prejudice to the provisions section 22 of this
Constitution.
(6) Any person who, in accordance with paragraph (a) or
paragraph (b) of subsection (4) of section 44 of this Constitution
is deemed to be a citizen of Malta for the purposes of that
section, and who has returned to, and taken up permanent
residence in, Malta, shall be entitled, upon making application
in such manner as may be prescribed and upon taking the oath
of allegiance, to be registered as a citizen of Malta.
(7) Notwithstanding any other provisions of this Constitution, a
person shall not be entitled to be registered as a citizen of Malta
more than once under the same provision of this Constitution.
(8) No person shall after the 1st August, 1989, be entitled to be
registered as a citizen of Malta in virtue of subsections (2)
and (3) of this section, unless:
(a) the Minister is satisfied that the grant of citizenship to such
person is not contrary to the public interest; and
(b) on the date of the application such person was still married
to a citizen of Malta, or is the widow or widower of a person
who was a citizen of Malta or of a person who having died
before the appointed day would, but for his or her death, have
become a citizen of Malta by virtue of section 22 of this
Constitution.
Section 24 [Commonwealth Citizens]
(1) Any person who on the day before the appointed day was a
citizen of the United Kingdom and or Colonies --
(a) having become such a citizen under the British Nationality
Act, 1948t by virtue of his having been naturalised in Malta as
a British subject before that Act came into force; or
(b) having become such a citizen by virtue of his having been
naturalised or registered in Malta under that Act,
shall be entitled, upon making application before the expiration
of two years from the appointed day in such manner as may be
prescribed, to be registered as a citizen of Malta:
Provided that a person who has not attained the age of eighteen
years (other than a woman who is or has been married) may not
himself make an application under this subsection, but an
application may be made on his behalf by the person who
according to law has authority over him.
(2) Any person who on the day before the appointed day --
(a) was a Commonwealth citizen or a citizen of the Republic of
Ireland; and
(b) is descended in the male line from a person born in Malta,
and was on the day before the appointed day ordinarily resident
in Malta and had been so resident throughout the period of five
years immediately preceding that day shall be entitled, upon
making application before the expiration of two years from the
appointed day in such manner as may be prescribed, to be
registered as a citizen of Malta:
Provided that a person who has not attained the age of eighteen
years (other than a woman who is or has been married) may not
himself make an application under this subsection, but an
application may be made on his behalf by the person who
according to law has authority over him.
Section 25 [Citizenship by Birth]
(1) Every person born in Malta on or after the appointed day
shall become a citizen of Malta at the date of his birth:
Provided that in the case of a person born on or before the 31st
July, 1989, such person shall not become a citizen of Malta by
virtue of this subsection if at the time of his birth --
(a) neither of his parents was a citizen of Malta and his father
possessed such immunity from suit and legal process as is
accorded to an envoy of a foreign sovereign power accredited
to Malta; or
(b) his father was an enemy alien and the birth occurred in a
place then under occupation by the enemy:
Provided further that in the case of a person born on or after
the 1st August, 1989 such person shall not become a citizen of
Malta by virtue of this subsection unless at the time of his birth
his father or his mother is:
(a) a citizen of Malta; or
(b) person referred to in paragraphs (a) or (b) of subsection (4)
of section 44 of this Constitution.
(2) A person born outside Malta on or after the appointed day
shall become a citizen of Malta at the date of his birth.
(a) in the case of a person born on or before the 31st July,
1989, if at the date of such person's birth, his father is a citizen
of Malta otherwise than by virtue of this subsection or
subsection (2) of section 22 of this Constitution; and
(b) in the case of a person born on or after the 1st August,
1989, if at the date of such person's birth his father or his
mother is a citizen of Malta otherwise than by virtue of this
subsection or subsection (2) of section 22 of this Constitution.
Section 26 [Citizenship by Marriage]
(1) Any person who on or after the appointed day marries a
person who is or becomes a citizen of Malta shall be entitled,
upon making application in such manner as may be prescribed
and upon taking the oath of allegiance, to be registered as a
citizen of Malta.
(2) With effect from the 1st August, 1989, no person shall be
entitled to be registered as a citizen of Malta in virtue of this
section unless:
(a) the Minister is satisfied that the grant of citizenship to such
person is not contrary to the public interest; and
(b) on the date of the application such person was still married
to a citizen of Malta or is the widow or widower of a person
who was a citizen of Malta at the time of his or her death.
Section 27 [No Double Citizenship]
(1) Any person who, upon his attainment of the age of eighteen
years, is a citizen of Malta and also a citizen of some country
other than Malta shall cease to be a citizen of Malta upon his
attainment of the age of nineteen years (or, in the case of a
person of unsound mind, at such later date as may be
prescribed) unless he has renounced his citizenship of that other
country and, in the case of a person who is a citizen of Malta
by virtue of subsection (2) of section 22 of this Constitution,
has made and registered such declaration of his intentions
concerning residence or employment as may be prescribed:
Provided that in relation to a person --
(a) who attains the age of eighteen years on or before the 20th
September, 1966 this subsection shall apply as if for the
reference to his attainment of the age of nineteen years there
were substituted a reference to the 20th September, 1967; and
(b) who is or was a citizen of Malta in virtue of subsection (2)
of section 25 of this Constitution, in virtue of his father being
deemed never to have lost his citizenship of Malta in
accordance with the provisions of paragraph (b) of the proviso
to subsection (3) of this section, and who attained the age of
eighteen years prior to the 1st August, 1989, this subsection
shall apply as if for the reference to his attainment of the age of
nineteen years, there were substituted a reference to the 1st
August, 1990:
Provided further that this subsection shall not apply in the case
of a person who is a citizen of Malta in virtue of subsection (1)
of section 25 of this Constitution and who after emigrating to
another country prior to his nineteenth birthday acquires the
citizenship of that other country.
So however that if such person returns to reside in Malta before
the expiration of six years from the date of his emigration he
shall cease to be a citizen of Malta unless he has renounced his
citizenship of that other country either.
(a) after attaining the age of eighteen years and before attaining
the age of nineteen years; or
(b) before the expiration of one year from his return to Malta;
whichever is the later. Provided that any stay in Malta for a
period or periods not exceeding three months in any one year
or of twelve months in the aggregate shall not be taken into
account and shall not be considered as a return to Malta.
(2) A person who --
(a) has attained the age of eighteen years before the appointed
day; and
(b) becomes a citizen of Malta on that day by virtue of the
provisions of section 22 of this Constitution; and
(c) is immediately after that day also a citizen of some country
other than Malta
shall cease to be a citizen of Malta on the expiration of three
years from the appointed day (or, in the case of a person of
unsound mind, at such later date as may be prescribed) unless
he has renounced his citizenship of that other country and, in
the case of a person who is a citizen of Malta by virtue of
subsection (2) of section 22 of this Constitution, has made and
registered such declaration of his intentions concerning
residence or employment as may be prescribed.
(3) A citizen of Malta shall cease to be such a citizen if --
(a) having attained the age of eighteen years, he acquires the
citizenship of some country other than Malta by a voluntary
act (other than marriage); or
(b) having attained the age of eighteen years, he otherwise
acquires the citizenship of some country other than Malta and
has not, before the expiration of one year after the date on
which he acquired the citizenship of that other country,
renounced his citizenship of that other country and made and
registered such declaration of his intentions concerning
residence or employment as may be prescribed:
Provided that --
(a) this subsection shall not apply in the case of a person who is
a citizen of Malta in virtue of subsection (1) of section 22 or
subsection (1) of section 25 of this Constitution and who after
emigrating to another country acquires on or after the 1st
August, 1989, the citizenship of that other country; and
(b) a person who after emigrating to another country and who
before the 1st August, 1989, has acquired the citizenship of that
other country and who prior to acquiring such citizenship was a
citizen of Malta in virtue of subsection (1) of section 22 or of
subsection (1) of section 25 of this Constitution, and in
accordance with the law of the country of which such person
has become a citizen such person may retain dual citizenship,
shall be deemed not to have lost his citizenship of Malta on
taking up the citizenship of the country to which he had
emigrated, sohowever that this paragraph shall not apply if, not
later than the 1st August, 1990, such person makes a
declaration in such manner as may be prescribed wherein he
shows his intention to confirm that he has ceased to be a citizen
of Malta on his taking up the citizenship of such other country;
So however that if such person returns to reside in Malta before
the expiration of six years from the date of his emigration he
shall cease to be a citizen of Malta unless he has renounced his
citizenship of that other country before the expiration of one
year from his return to Malta. Any stay in Malta for a period or
periods not exceeding three months in any one year or of
twelve months in the aggregate, shall not be taken into account
and shall not be considered as a return to Malta.
(4) A person who --
(a) becomes a citizen of Malta by registration under section 23,
24 or 26 of this Constitution; and
(b) is immediately after the day on which he becomes a citizen
of Malta also a citizen of some other country,
shall cease to be a citizen of Malta on the expiration of six
months after the date on which he acquired citizenship of
Malta (or, in the case of a person of unsound mind, at such
later date as may be prescribed) unless he has renounced his
citizenship of that other country, and made and registered such
declaration of his intentions concerning residence or
employment as may be prescribed:
Provided that, in relation to a person who becomes a citizen of
Malta by registration as aforesaid on or before the 20th
September, 1966, this subsection shall apply as if for the
reference to the expiration of six months after the date on which
he acquired the citizenship of Malta there were substituted a
reference to the 20th March, 1967.
(5) For the purposes of this section and of any law relating to
citizenship, where, under the law of a country other than Malta,
a person cannot renounce his citizenship of that other country,
he may instead make such declaration concerning such
citizenship as may be prescribed:
Provided that where any person, having made a declaration
under this subsection, can, if such declaration is made on or
before 31st December, 1974, at any time after that date, and, if
made after that date at any time after the declaration is made,
renounce the citizenship of the other country, such person shall
renounce such citizenship within six months after the date
aforesaid or after the date on which he can renounce such
citizenship, which ever is the later date, or within such further
period as the competent authority may allow or as may be
prescribed, and such person shall cease to be a citizen of Malta
on the expiration of such period, or of such extended period, if
he has not then made the requisite renunciation.
(6) Provision may be made by or under an Act of Parliament
extending beyond the period specified in any provision of this
section the period in which any person may make a
renunciation of citizenship, or make or register a declaration for
the purposes of that provision of this section, and if such
provision is made that person shall not cease to be a citizen of
Malta upon the expiration of the period specified in this section
but shall cease to be such a citizen upon the expiration of the
extended period if he has not then made the renunciation, or
made or registered the declaration, as the case may be.
Section 28 [Acknowledged Citizenship]
(1) Every person who under this Constitution or any Act of
Parliament is a citizen of Malta or under any enactment for the
time being in force in any country to which this section applies
is a citizen of that country shall, by virtue of that citizenship,
have the status of a Commonwealth citizen.
(2) Every person who is a British subject without citizenship
under the British Nationality Act, 1948 or who continues to be
a British subject under section 2 of that Act shall by virtue of
that status have the status of a Commonwealth citizen.
(3) The countries to which this section applies are those in the
Fourth Schedule to this Constitution.
(4) The President may by Proclamation amend, add to, revoke
or substitute the list of countries in the Fourth Schedule to
Constitution.
Section 29 [Protection of Commonwealth Citizens]
(1) A Commonwealth citizen who is not a citizen of Malta or a
citizen of the Republic of Ireland who is not a citizen of Malta
shall not be guilty of an offence against any law in force in
Malta by reason of anything done or omitted in any part of the
Commonwealth other than Malta or in the Republic of Ireland
or in any foreign country unless.
(a) the act or omission would be an offence if he were an alien;
and
(b) in the case of an act or omission in any part of the
Commonwealth or in the Republic of Ireland, it would be an
offence if the country in which the act was done or the
omission made were a foreign country.
(2) In this section "foreign country" means country (other than
the Republic of Ireland) that is not a part of the
Commonwealth.
Section 30 [Citizenship by Law]
(1) Parliament may make provision --
(a) for the acquisition of citizenship of Malta by persons who
do not become citizens of Malta by virtue of the provisions of
this Chapter;
(b) for depriving of his citizenship of Malta any person who is
a citizen of Malta otherwise than by virtue of --
(i) section 22 or subsection (1) of section 25 of this
Constitution; or
(ii) subsection (2) of section 25 of this Constitution in relation
to a person born outside Malta whose father at the date of that
person's birth is a citizen of Malta by virtue of subsection (l) of
section 22 or subsection (1) of section 25 of this Constitution:
(c) for the renunciation by any person of his citizenship of
Malta.
(2) Provision may be made by or under an Act of Parliament
for extending the period in which any person may make an
application for registration as a citizen of Malta, make a
renunciation of citizenship, take an oath or make or register a
declaration for the purposes of the provisions of this Chapter.
Section 31 [Definitions]
(1) In this Chapter --
"alien" means a person who is not a Commonwealth citizen, a
British protected person or a citizen of the Republic of Ireland;
"British protected person" means a person who is a British
protected person for the purposes of the British Nationality Act,
1948.
"Minister" means the Minister for the time being responsible
for matters relating to Maltese citizenship and, to the extent of
the authority given, includes any person authorised by such
Minister to act on his behalf;
"prescribed" means prescribed by or under any Act of
Parliament.
(2) For the purposes of this Chapter, a person born aboard a
registered ship or aircraft, or aboard an unregistered ship or
aircraft of the government of any country, shall be deemed to
have been born in the place in which the ship or aircraft was
registered or, as the case may be, in that country.
(3) (a) In this Chapter:
(i) any reference to the father of a person shall, in relation to a
person born out of wedlock and not legitimated? be construed
as a reference to the mother of that person;
(ii) any reference to the father of a person who was lawfully
adopted before the 1st January, 1977, shall be construed as a
reference to the adopter and in the case of a joint adoptation,
the male adopter; and
(iii) any reference to the parents of a person who was lawfully
adopted on or after the 1st August 1989, and who was on the
effective date of his adoption under the age of ten years, shall
be construed as a reference to the adopters;
(b) for the purposes of this chapter:
(i) an adoption of any person made on or after the 1st January,
1977, and before the 1st August, 1989, shall be without effect
and shall be treated as if it had not been made;
(ii) an adoption of any person made on or after the 1st August,
1989, who on the effective date of his adoption was ten years
or older, shall be without effect and shall be treated as if it had
not been made; and
(c) The Minister shall not be required to assign any reason for
the grant or refusal of any application under sections 23 and 26
of this Constitution and the decision of the Minister on any such
application shall not be subject to appeal to or review in any
court.
(4) Any reference in this Chapter to the national status of the
father of a person at the time of that person's birth shall, in
relation to a person born after the death of his father, be
construed as a reference to the national status of the father at
the time of the father's death; and where that death occurred
before the appointed day and the birth occurred on or after the
appointed day, the national status that the father would have had
if he had died on the appointed day shall be deemed to be his
national status at the time of his death.
Section 32 [General Provision]
Whereas every person in Malta is entitled to the fundamental
rights and freedoms of the individual, that is to say, the right,
whatever his race, place of origin, political opinions, colour,
creed or sex, but subject to respect for the rights and freedoms
of others and for the public interest, to each and all of the
following, namely --
(a) life, liberty, security of the person, the enjoyment of
property and the protection of the law;
(b) freedom of conscience, of expression and of peaceful
assembly and association; and
(c) respect for his private and family life,
the subsequent provisions of this Chapter shall have effect for
the purpose of affording protection to the aforesaid rights and
freedoms, subject to such limitations of that protection as are
contained in those provisions being limitations designed to
ensure that the enjoyment of the said rights and freedoms by
any individual does not prejudice the rights and freedoms of
others or the public interest.
Section 33 [Life]
(1) No person shall intentionally be deprived of his life save in
execution of the sentence of a court in respect of a criminal
offence under the law of Malta of which he has been
convicted. (2) Without prejudice to any liability for a
contravention of any other law with respect to the use of force
in such cases as are hereinafter mentioned, a person shall not be
regarded as having been deprived of his life in contravention of
this section if he dies as the result of the use of force to such
extent as is reasonably justifiable in the circumstances of the
case --
(a) for the defence of any person from violence or for the
defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of
a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or
mutiny; or
(d) in order to prevent the commission by that person of a
criminal offence,
or if he dies as the result of a lawful act of war.
Section 34 [Personal Liberty]
(1) No person shall be deprived of his personal liberty save as
may be authorised by law in the following cases, that is to say.
(a) in consequence of his unfitness to plead to a criminal
charge;
(b) in execution of the sentence or order of a court, whether in
Malta or elsewhere, in respect of a criminal offence of which
he has been convicted;
(c) in execution of the order of a court punishing him for
contempt of that court or of another court or tribunal or in
execution of the order of. the House of Representatives
punishing him for contempt of itself or of its members or for
breach of privilege;
(d) in execution of the order of a court made to secure the
fulfilment of any obligation imposed on him by Law;
(e) for the purpose of bringing him before a court in execution
of the order of a court or before the House of Representatives
in execution of the order of that House;
(f) upon reasonable suspicion of his having committed, or being
about to commit, a criminal offence;
(g) in the case of a person who has not attained the age of
eighteen years, for the purpose of his education or welfare;
(h) for the purpose of preventing the spread of an infectious or
contagious disease;
(i) in the case of a person who is, or is reasonably suspected to
be, of unsound mind, addicted to drugs or alcohol, or a
vagrant, for the purpose of his care or treatment or the
protection of the community; or
(j) for the purpose of preventing the unlawful entry of that
person into Malta, or for the purpose of effecting the expulsion,
extradiction or other lawful removal of that person from Malta
or the taking of proceedings relating thereto or for the purpose
of restraining that person while he is being conveyed through
Malta in the course of his extradiction or removal as a
convicted prisoner from one country to another.
(2) Any person who is arrested or detained shall be informed,
at the time of his arrest or detention, in a language that he
understands, of the reasons for his arrest or detention:
Provided that if an interpreter is necessary and is not readily
available or if it is otherwise impracticable to comply with the
provisions of this subsection at the time of the person's arrest or
detention, such provisions shall be complied with as soon as
practicable.
(3) Any person who is arrested or detained --
(a) for the purpose of bringing him before a court in execution
of the order of a court; or
(b) upon reasonable suspicion of his having committed, or being
about to commit, a criminal offence, and who is not released,
shall be brought not later than forty-eight hours before a court;
and if any person arrested or detained in such a case as is
mentioned in paragraph (b) of this subsection is not tried within
a reasonable time, then, without prejudice to any further
proceedings which may be brought against him, he shall be
released either unconditionally or upon reasonable conditions,
including in particular such conditions as are reasonably
necessary to ensure that he appears at a later date for trial or
for proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any
other person shall be entitled to compensation therefor from that
person.
(5) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question authorises the
taking during such a period of public emergency as is referred
to in paragraph (a) or (e) of subsection (2) of section 47 of this
Constitution of measures that are reasonably justifiable for the
purpose of dealing with the situation that exists during that
period of public emergency.
(6) If any person who is lawfully detained by virtue only of
such a law as is referred to in the last foregoing subsection so
requests at any time during the period of that detention not
earlier than six months after he last made such a request during
that period, his case shall be reviewed by an independent and
impartial tribunal established by law and composed of a person
or persons each of whom holds or has held judicial office or is
qualified to be appointed to such office in Malta.
(7) On any review by a tribunal in pursuance of the last
foregoing subsection of the ease of any detained person, the
tribunal may make recommendations concerning the necessity
or expediency of continuing his detention to the authority by
whom it was ordered, but, unless it is otherwise provided by
law, that authority shall not be obliged to act in accordance
with any such recommendations.
Section 35 [No Forced Labour]
(1) No person shall be required to perform forced labour.
(2) For the purposes of this section, the expression "forced
labour" does not include --
(a) any labour required in consequence of the sentence or order
of a court;
(b) labour required of any person while he is lawfully detained
by sentence or order of a court that, though not required in
consequence of such sentence or order, is reasonably necessary
in the interests of hygiene or for the maintenance of the place at
which he is detained or, if he is detained for the purpose of his
care, treatment, education or welfare, is reasonably required for
that purpose;
(c) any labour required of a member of a disciplined force in
pursuance of his duties as such or, in the case of a person who
has conscientious objections to service as a member of a naval,
military or air force, any labour that that person is required by
law to perform in place of such service;
(d) any labour required during a period of public emergency or
in the event of any other emergency or calamity that threatens
the life or well-being of the community.
Section 36 [No Inhuman or Degrading Treatment]
(1) No person shall be subjected to inhuman or degrading
punishment or treatment.
(2) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question authorises the
infliction of any description of punishment which was lawful in
Malta immediately before the appointed day.
(3) (a) No law shall provide for the imposition of collective
punishments.
(b) Nothing in this subsection shall preclude the imposition of
collective punishments upon the members of a disciplined force
in accordance with the law regulating the discipline of that
force.
Section 37 [Property]
(1) No property
(a) for the payment of adequate compensation;
(b) securing to any person claiming such compensation a right
of access to an independent and impartial court or tribunal
established by law for the purpose of determining his interest in
or right over the property and the amount of any compensation
to which he may be entitled, and for the purpose of obtaining
payment of that compensation; and
(c) securing to any party to proceedings in that court or tribunal
relating to such a claim a right of appeal from its determination
to the Court of Appeal in Malta:
Provided that in special cases Parliament may, if it deems it
appropriate so to act in the national interest, by law establish
the criteria which are to be followed, including the factors and
other circumstances to be taken into account, in the
determination of the compensation payable in respect of
property compulsorily taken possession of or acquired; and in
any such case the compensation shall be determined and shall
be payable accordingly.
(2) Nothing in this section shall be construed as affecting the
making or operation of any law so far as it provides for the
taking of possession or acquisition of property --
(a) in satisfaction of any tax, rate or due;
(b) by way of penalty for, or as a consequence of, breach of the
law, whether under civil process or after conviction of a
criminal offence;
(c) upon the attempted removal of the property out of or into
Malta in contravention of any law;
(d) by way of the taking of a sample for the purposes of any
law;
(e) where the property consists of an animal upon its being
found trespassing or straying;
(f) as an incident of a lease, tenancy, licence, privilege or
hypothec, mortgage, charge, bill of sale, pledge or other
contract;
(g) by way of the vesting or administration of property on
behalf and for the benefit of the person entitled to the beneficial
interest therein, trust property, enemy property or the property
of persons adjudged bankrupt or otherwise declared bankrupt or
insolvent, persons of unsound mind, deceased persons, or
bodies corporate or unincorporate in the course of being wound
up or liquidated;
(h) in the execution of judgements or orders of courts:
(i) by reason of its being in a dangerous state or injurious to the
health of human beings, animals or plants;
(j) in consequence of any law with respect to the limitation of
actions, acquisitive prescription, derelict land, treasure trove,
mortmain of the rights of succession competent to the
Government of Malta; or
(k) for so long only as may be necessary for the purposes of
any examination, investigation, trial or inquiry or, in the case
of land, the carrying out thereon --
(i) of work of soil conservation or the conservation of other
natural resources of any description or of war damage
reconstruction; or
(ii) of agricultural development or improvement which the
owner or occupier of the land has been required, and has
without reasonable and lawful excuse refused or failed to carry
out.
(3) Nothing in this section shall be construed as affecting the
making or operation of any law so far as it provides for vesting
in the Government of Malta the ownership of any underground
minerals, water or antiquities.
(4) Nothing in this section shall be construed as affecting the
making or operation of any law for the compulsory taking of
possession in the public interest of any property or the
compulsory acquisition in the public interest of any interest in
or right over property, where that property, interest or right is
held by a body corporate which is established for public
purposes by any law and in which no monies have been
invested other than monies provided by any legislature in
Malta.
Section 38 [Search, Seizure]
(1) Except with his own consent or by way of parental
discipline, no person shall be subjected to the search of his
person or his property or the entry by others on his premises.
(2) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision --
(a) that is reasonably required in the interest of defence, public
safety, public order, public morality or decency, public health,
town and country planning, the development and utilisation of
mineral resources, or the development and utilisation of any
property in such a manner as to promote the public benefit;
(b) that is reasonably required for the purpose of promoting the
rights or freedoms of other persons;
(c) that authorises a department of the Government of Malta or
a local government authority, or a body corporate established
by law for a public purpose, to enter on the premises of any
person in order to inspect those premises or anything thereon
for the purpose of any tax, rate or due or in order to carry out
work connected with any property or installation which is
lawfully on those premises and which belongs to that
Government, that authority, or that body corporate, as the case
may be; or
(d) that authorises, for the purpose of enforcing a judgment or
order of a court, the search of any person or property by order
of a court or entry upon any premises by such order or that is
necessary for the purpose of preventing or detecting criminal
offence,
and except so far as that provision or, as the ease may be, the
thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
Section 39 [Arrest]
(1) Whenever any person is charged with a criminal offence he
shall, unless the charge is withdrawn, be afforded a fair hearing
within a reasonable time by an independent and impartial court
established by law.
(2) Any court or other adjudicating authority prescribed by law
for the determination of the existence or the extent of civil
rights or obligations shall be independent and impartial; and,
where proceedings for such a determination are instituted by
any person before such a court or other adjudicating authority,
the ease shall be given a fair hearing within a reasonable time.
(3) Except with the agreement of all the parties thereto, all
proceedings of every court and proceedings relating to the
determination of the existence or the extent of a person's civil
rights or obligations before any other adjudicating authority,
including the announcement of the decision of the court or other
authority, shall be held in public.
(4) Nothing in subsection (3) of this section shall prevent any
court or any authority such as is mentioned in that subsection
from excluding from the proceedings persons other than the
parties thereto and their legal representatives --
(a) in proceedings before a court of voluntary jurisdiction and
other proceedings which, in the practice of the Courts in Malta
are, or are of the same nature as those which are, disposed of
in chambers;
(b) in proceedings under any law relating to income tax; or
(c) to such extent as the court or other authority.
(i) may consider necessary or expedient in circumstances where
publicity would prejudice the interests of justice; or
(ii) may be empowered or required by law to do so in the
interests of defence, public safety, public order, public morality
or decency, the welfare of persons under the age of eighteen
years or the protection of the private lives of persons concerned
in the proceedings.
(5) Every person who is charged with a criminal offence shall
be presumed to be innocent until he is proved or has pleaded
guilty:
Provided that nothing contained in or done under the authority
of any law shall be held to be inconsistent with or in
contravention of this subsection to the extent that the law in
question imposes upon any person charged as aforesaid the
burden of proving particular facts.
(6) Every person who is charged with a criminal offence --
(a) shall be informed in writing, in a language which he
understands and in detail, of the nature of the offence charged;
(b) shall be given adequate time and facilities for the
preparation of his defence;
(c) shall be permitted to defend himself in person or by a legal
representative and a person who cannot afford to pay for such
legal representation as is reasonably required by the
circumstances of his ease shall be entitled to have such
representation at the public expense;
(d) shall be afforded facilities to examine in person or by his
legal representative the witnesses called by the prosecution
before any court and to obtain the attendance of witnesses
subject to the payment of their reasonable expenses, and carry
out the examination of witnesses to testify on his behalf before
the court on the same conditions as those applying to witnesses
called by the prosecution; and
(e) shall be permitted to have without payment the assistance of
an interpreter if he cannot understand the language used at the
trial of the charge,
and except with his own consent the trial shall not take place in
his absence unless he so conducts himself as to render the
continuance of the proceedings in his presence impracticable
and the court has ordered him to be removed and the trial to
proceed in his absence.
(7) When a person is tried for any criminal offence, the accused
person or any person authorised by him in that behalf shall, if
he so requires and subject to payment of such reasonable fee as
may be prescribed by law, be given within a reasonable time
after judgment a copy for the use of the accused person of any
record of the proceedings made by or on behalf of the court.
(8) No person shall be held to be guilty of a criminal offence on
account of any act or omission that did not, at the time it took
place, constitute such an offence, and no penalty shall be
imposed for any criminal offence which is severer in degree or
description than the maximum penalty which might have been
imposed for that offence at the time when it was committed.
(9) No person who shows that he has been tried by any
competent court for a criminal offence and either convicted or
acquitted shall again be tried for that offence or for any other
criminal offence of which he could have been convicted at the
trial for that offence save upon the order of a superior court
made in the course of appeal or review proceedings relating to
the conviction or acquittal; and no person shall be tried for a
criminal offence if he shows that he has been pardoned for that
offence:
Provided that nothing in any law shall be held to be inconsistent
with or in contravention of this subsection by reason only that it
authorises any court to try a member of a disciplined force for a
criminal offence notwithstanding any trial and conviction or
acquittal of that member under the disciplinary law of that
force, so however that any court so trying such a member and
convicting him shall in sentencing him to any punishment take
into account any punishment awarded him under that
disciplinary law.
(10) No person who is tried for a criminal offence shall be
compelled to give evidence at his trial.
(11) In this section "legal representative" means a person
entitled to practice in Malta as an advocate or, except in
relation to proceedings before a court where a legal procurator
has no right of audience, a legal procurator.
Section 40 [Religion, Belief]
(1) All persons in Malta shall have full freedom of conscience
(2) No person shall be required to receive instruction in religion
or to show knowledge or proficiency in religion if, in the case
of a person who has not attained the age of sixteen years,
objection to such requirement is made by the person who
according to law has authority over him and, in any other case,
if the person so required objects thereto:
Provided that no such requirement shall be held to be
inconsistent with or in contravention of this section to the extent
that the knowledge of, or the proficiency or instruction in,
religion is required for the teaching of such religion, or for
admission to the priesthood or to a religious order, or for other
religious purposes and except so far as that requirement is
shown not to be reasonably justifiable in a democratic society.
(3) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of
subsection (1), to the extent that the law in question makes
provision that is reasonably required in the interests of public
safety, public order, public morality or decency, public health,
or the protection of the rights and freedoms of others, and
except so far as that provision or, as the case may be, the thing
done under the authority thereof, is shown not to be reasonably
justifiable in a democratic society.
Section 41 [Expression]
(1) Except with his own consent or by way of parental
discipline, no person shall be hindered in the enjoyment of his
freedom of expression
(2) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of
subsection (1) of this section to the extent that the law in
question makes provision --
(a) that is reasonably required --
(i) in the interests of defence, public safety, public order, public
morality or decency, or public health; or
(ii) for the purpose of protecting the reputations rights and
freedoms of other persons, or the private lives of persons
concerned in legal proceedings, preventing the disclosure of
information received in confidence, maintaining the authority
and independence of the courts, protecting the privileges of
Parliament, or regulating telephony, telegraphy, posts, wireless
broadcasting, television or other means of communication,
public exhibitions or public entertainments; or
(b) that imposes restrictions upon public officers,
and except so far as that provision or, as the case may be, the
thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
(3) Anyone who is resident in Malta may edit or print a
newspaper or journal published daily or periodically:
Provided that provision may be made by law --
(a) prohibiting or restricting the editing or printing of any such
newspaper or journal by persons under twenty-one years of age;
and
(b) requiring any person who is the editor or printer of any
such newspaper or journal to inform the prescribed authority to
that effect and of his age and to keep the prescribed authority
informed of his place of residence.
(4) Where the police seize any edition of a newspaper as being
the means whereby a criminal offence has been committed they
shall within twenty-four hours of the seizure bring the seizure to
the notice of the competent court and if the court is not satisfied
that there is a prima facie case of such offence, that edition
shall be returned to the person from whom it was seized.
(5) No person shall be deprived of his citizenship under any
provisions made under section 301(1) (b) of this Constitution or
of his juridical capacity by reason only of his political opinions.
Section 42 [Assembly, Association]
(1) Except with his own consent or by way of parental
discipline no person shall be hindered in the enjoyment of his
freedom of peaceful assembly and association, that is to say, his
right peacefully to assemble freely and associate with other
persons and in particular to form or belong to trade or other
unions or associations for the protection of his interests.
(2) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision --
(a) that is reasonably required --
(i) in the interests of defence, public safety, public order, public
morality or decency, or public health; or
(ii) for the purpose of protecting the rights or freedoms of other
persons; or
(b) that imposes restrictions upon public officers,
and except so far as that provision or, as the case may be, the
thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
(3) For the purposes of this section, any provision in any law
prohibiting the holding of public meetings or demonstrations in
any one or more particular cities, towns, suburbs or villages
shall be held to be a provision which is not reasonably
justifiable in a democratic society.
Section 43 [Extradition]
(1) Extradition is only permitted in pursuance of arrangements
made by treaty and under the authority of a law.
(2) No person shall be extradited for an offence of a political
character.
(3) No citizen of Malta shall be removed from Malta except as
a result of extradition proceedings or under any such law as is
referred to in section 44(3) (b) of this Constitution.
(4) The provisions made by or under the Extradition Act, 1978,
as for the time being in force, for the removal of persons from
Malta to another Commonwealth country to undergo trial or
punishment in that country in respect of an offence committed
in that country and any general arrangements for the extradition
of persons between Commonwealth countries to which Malta
for the time being adheres shall be deemed, for the purposes of
subsection (1) of this section, to be arrangements made by
treaty, and subsection (2) shall not apply in relation to the
removal or extradition of a person under such provisions or
arrangements.
Section 44 [Movement]
(1) No citizen of Malta shall be deprived of his freedom of
movement, and for the purpose of this section the said freedom
means the right to move freely throughout Malta, the right to
reside in any part of Malta, the right to leave and the right to
enter Malta.
(2) Any restriction on a citizen's freedom of movement that is
involved in his lawful detention shall not be held to be
inconsistent with or in contravention of this section.
(3) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision --
(a) for the imposition of restrictions that are reasonably required
in the interests of defence, public safety, public order, public
morality or decency, or public health and except so far as that
provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably justifiable in a
democratic society;
(b) for the imposition of restrictions on the freedom of
movement of any citizen of Malta who is not a citizen by virtue
of section 22(1) or 25(1) of this Constitution;
(c) for the imposition of restrictions upon the movement or
residence, within Malta of public officers; or
(d) for the imposition of restrictions on the right of any person
to leave Malta that are reasonably required in order to secure
the fulfilment of any obligation imposed on that person by law
and except so far as that provision or, as the case may be, the
thing done under the authority thereof is shown not to be
reasonably justifiable in a democratic society.
(4) For the purposes of this section any person --
(a) who has emigrated from Malta (whether before on or after
the appointed day) and, having been a citizen of Malta by virtue
of section 22(1) or 25(1) of this Constitution, has ceased to be
such a citizen; or
(b) who emigrated from Malta before the appointed day and,
but for his having ceased to be a citizen of the United Kingdom
and Colonies before that day, would have become a citizen of
Malta by virtue of section 22(1) of this Constitution; or
(c) who is the wife of a person mentioned in paragraph (a)
or (b) of this subsection or of a person who is a citizen of
Malta by virtue of section 22(1) or 25(1) of this Constitution
and is living with that person or is the child under twenty-one
years of age of such a person,
shall be deemed to be a citizen of Malta by virtue of section
22(1) or 25(1) of this Constitution.
(5) If any person whose freedom of movement has been
restricted by virtue of such a provision as is referred to in
subsection (34(a) of this section so requests at any time during
the period of that restriction not earlier than six months after
the order was made or six months after he last made such
request, as the case may be, his case shall be reviewed by an
independent and impartial tribunal established by law composed
of a person or persons each of whom holds or has held judicial
office or is qualified to be appointed to such office in Malta:
Provided that a person whose freedom of movement has been
restricted by virtue of a restriction which is applicable to
persons generally or to general classes of persons shall not
make a request under this subsection unless he has first obtained
the consent of the Civil Court, First Hall.
(6) On any review by a tribunal in pursuance of this section of
the case of a person whose freedom of movement has been
restricted the tribunal may make recommendations concerning
the necessity or expediency of continuing the restriction to the
authority by which it was ordered but, unless it is otherwise
provided by law, that authority shall not be obliged to act in
accordance with any such recommendations.
Section 45 [Discrimination]
(1) Subject to the provisions of subsections (4), (5) and (7) of
this section, no law shall make any provision that is
discriminatory either of itself or in its effect.
(2) Subject to the provisions of subsections (6), (7) and (8) of
this section, no person shall be treated in a discriminatory
manner by any person acting by virtue of any written law or in
the performance of the functions of any public office or any
public authority.
(3) In this section, the expression "discriminatory" means
affording different treatment to different persons attributable
wholly or mainly to their respective descriptions by race, place
of origin, political opinions, colour, creed or sex whereby
persons of one such description are subjected to disabilities or
restrictions to which persons of another such description are not
made subject or are accorded privileges or advantages which
are not accorded to persons of another such description.
(4) Subsection (1) of this section shall not apply to any law so
far as that law makes provision --
(a) for the appropriation of public revenues or other public
funds; or
(b) with respect to persons who are not citizens of Malta; or
(c) with respect to adoption, marriage, dissolution of marriage,
burial, devolution of property on death or any matters of
personal law not herein before specified; or
(d) whereby persons of any such description as is mentioned in
subsection (3) of this section may be subjected to any disability
or restriction or may be accorded any privilege or advantage
which, having regard to its nature and to special circumstances
pertaining to those persons or to persons of any other such
description and to any other provision of this Constitution, is
reasonably justifiable in a democratic society; or
(e) for authorising the taking during a period of public
emergency of measures that are reasonably justifiable for the
purpose of dealing with the situation that exists during that
period of public emergency;
Provided that paragraph (c) of this subsection shall not apply to
any law which makes any provision that is discriminatory,
either of itself or in its effect by affording different treatment to
different persons attributable wholly or mainly to their
respective description by sex.
(5) Nothing contained in any law shall be held to be
inconsistent with or in contravention of subsection (1) of this
section to the extent that it makes provision:
(a) with respect to qualifications for service or conditions of
service in any disciplined force; or
(b) with respect to qualifications (not being qualifications
specifically relating to sex) for service as a public officer or for
service of a local government authority or a body corporate
established for public purposes by any law.
(6) Subsection (2) of this section shall not apply to anything
which is expressly or by necessary implication authorised to be
done by any such provision of law as is referred to in
subsection (4) or (5) of this section.
(7) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes
provision (not being provisions specifically relating to sex),
whereby persons of any such description as is mentioned in
subsection (3) of this section may be subjected to any restriction
on the rights and freedoms guaranteed by sections 38, 40, 41,
42 and 44 of this Constitution, being such a restriction as is
authorised by section 38(2), 40(2), 41(2), 42(2) or 44(3).
(8) Nothing in subsection (2) of this section shall affect any
discretion relating to the institution, conduct or discontinuance
of civil or criminal proceedings in any court that is vested in
any person by or under this Constitution or any other law.
(9) A requirement, however made, that the Roman Catholic
Apostolic Religion shall be taught by a person professing that
religion shall not be held to be inconsistent with or in
contravention of this section.
(10) Until the expiration of a period of two years commencing
on the 1st July, 1991, nothing contained in any law made
before the 1st July, 1991, shall be held to be inconsistent with
the provisions of this section, in so far as that law provides for
different treatment to different persons attributable wholly or
mainly to their respective description by sex.
(11) Nothing in the provisions of this section shall apply to any
law or anything done under the authority of a law, or to any
procedure or arrangement, in so far as such law, thing done,
procedure or arrangement provides for the taking of special
measures aimed at accelerating de facto equality between men
and women, and in so far only as such measures, taking into
account the social fabric of Malta, are shown to be reasonably
justifiable in a democratic society.
Section 46 [Recourse to the Courts]
(1) Subject to the provisions of subsections (6) and (7) of this
section, any person who alleges that any of the provisions of
sections 33 to 45 (inclusive) of this Constitution has been, is
being or is likely to be contravened in relation to him, or such
other person as the Civil Court, First Hall, in Malta may
appoint at the instance of any person who so alleges, may,
without prejudice to any other action with respect to the same
matter that is lawfully available, apply to the Civil Court, First
Hall, for redress.
(2) The Civil Court, First Hall, shall have original jurisdiction
to hear and determine any application made by any person in
pursuance of subsection (1) of this section, and may make such
orders, issue such writs and give such directions as it may
consider appropriate for the purpose of enforcing, or securing
the enforcement of, any of the provisions of the said sections 33
to 45 (inclusive) to the protection of which the person
concerned is entitled:
Provided that the Court may, if it considers it desirable so to
do, decline to exercise its powers under this subsection in any
case where it is satisfied that adequate means of redress for the
contravention alleged are or have been available to the person
concerned under any other law.
(3) If in any proceedings in any court other than the Civil
Court, First Hall, or the Constitutional Court any question
arises as to the contravention of any of the provisions of the
said sections 33 to 45 (inclusive), that court shall refer the
question to the Civil Court, First Hall, unless in its opinion the
raising of the question is merely frivolous or vexatious; and that
court shall give its decision on any question referred to it under
this subsection and, subject to the provisions of subsection (4)
of this section, the court in which the question arose shall
dispose of the question in accordance with that decision.
(4) Any party to proceedings brought in the Civil Court, First
Hall, in pursuance of this section shall have a right of appeal to
the Constitutional Court.
(5) No appeal shall lie from any determination under this
section that any application or the raising of any question is
merely frivolous or vexatious.
(6) Provision may be made by or under an Act of Parliament
for conferring upon the Civil Court, First Hall, such powers in
addition to those conferred by this section as are necessary or
desirable for the purpose of enabling the Court more effectively
to exercise the jurisdiction conferred upon it by this section.
(7) Rules of Court making provision with respect to the practice
and procedure of the Courts of Malta for the purposes of this
section may be made by the person or authority for the time
being having power to make rules of court with respect to the
practice and procedure of those Courts, and shall be designed to
secure that the procedure shall be by application and that the
hearing shall be as expeditious as possible.
Section 47 [Definitions]
(1) In this Chapter, save where the context otherwise requires,
the following expressions shall have the following meanings
respectively, that is to say -
"contravention", in relation to any requirement, includes a
failure to comply with that requirement, and cognate
expressions shall be construed accordingly;
"court" means any court of law in Malta other than a court
constituted by or under a disciplinary law and in sections 33
and 35 of this Constitution includes, in relation to an offence
against a disciplinary law, a court so constituted;
"disciplinary law" means a law regulating the discipline --
(a) of any disciplined force; or
(b) of persons serving prison sentences;
"disciplined force" means --
(a) a naval, military or air force
(b) the Malta Police Force;
(c) any other police force established by law in Malta.
(d) the Malta prison service;
"member", in relation to a disciplined force includes any person
who, under the law regulating the discipline of that force, is
subject to that discipline.
(2) In this Chapter "period of public emergency" means any
period during which --
(a) Malta is engaged in any war; or
(b) there is in force a proclamation by the President declaring
that a state of public emergency exists; or
(c) there is in force a resolution of the House of Representatives
supported by the votes of not less than two-thirds of all the
Members of the House declaring that democratic institutions in
Malta are threatened by subversion.
(3) (a) Where any proclamation of emergency has been made,
the occasion therefor shall forthwith be communicated to the
House of Representatives and, if the House is then separated by
such adjournment or prorogation as will not expire within ten
days the President shall by proclamation summon it to meet
within five days and it shall accordingly meet and sit upon the
day appointed by the proclamation and shall continue to sit and
act as if it had stood adjourned or prorogued to that day.
(b) A proclamation of emergency shall, unless it is sooner
revoked by the President, cease to be in force at the expiration
of a period of fourteen days beginning on the date on which it
was made or such longer period as may be provided under the
next following paragraph, but without prejudice to the making
of another proclamation of emergency at or before the end of
that period.
(c) If at any time while a proclamation of emergency is in
force (including any time while it is in force by virtue of this
paragraph) a resolution is passed by the House of
Representatives approving its continuance in force for a further
period, not exceeding three months, beginning on the date on
which it would otherwise expire, the proclamation shall, if not
sooner revoked, continue in force for that further period.
(4) A resolution such as is referred to in paragraph (c) of
subsection (2) of this section shall, unless it is sooner revoked
by the House of Representatives, cease to be in force at the
expiration of twelve months beginning on the date on which it
was passed or such shorter period as may be specified therein,
but without prejudice to the passing of another resolution by the
House of Representatives in the manner prescribed by that
paragraph at or before the end of that period.
(5) In relation to any person who is a member of a disciplined
force raised under any law in force in Malta, nothing contained
in or done under the authority of the disciplinary law of that
force shall be held to be inconsistent with or in contravention of
any of the provisions of this Chapter other than sections 33, 35
and 36.
(6) In relation to any person who is a member of a disciplined
force raised otherwise than as aforesaid and lawfully present in
Malta, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent
with or in contravention of any of the provisions of this
Chapter.
(7) Until the expiration of a period ending on the 30th June,
1993, nothing contained in any such law as is specified in the
First Schedule to this Constitution and, until the expiration of a
period of three years commencing with the appointed day,
nothing contained in any other law made before the appointed
day shall be held to be inconsistent with the provisions of
sections 33 to 45 (inclusive) of this Chapter and, subject as
aforesaid, nothing done under the authority of any such law
shall be held to be done in contravention of those sections.
(8) Where any provision of law enacted before the appointed
day is held to be inconsistent with any of the provisions of
sections 33 to 45 (inclusive) of this Chapter, no person shall be
entitled to compensation in respect of anything done under the
authority of that provision before it was so held to be
inconsistent.
(9) Nothing in section 37 of this Constitution shall affect the
operation of any law in force immediately before 3rd March
1962 or any law made on or after that date that amends or
replaces any law in force immediately before that date (or such
a law as from time to time amended or replaced in the manner
described in this subsection) and that does not --
(a) add to the kinds of property that may be taken possession of
or the rights over and interests in property that may be
acquired;
(b) add to the purposes for which or circumstances in which
such property may be taken possession of or acquired;
(c) make the conditions governing entitlement to compensation
or the amount thereof less favourable to any person owning or
interested in the property; or
(d) deprive any person of any right such as is mentioned in
paragraph (b) or paragraph (c) of section 37(1) of this
Constitution.
Section 48 [Appointment]
(1) There shall be a President of Malta who shall be appointed
by Resolution of the House of Representatives.
(2) A person shall not be qualified to be appointed to the office
of President if --
(a) he is not a citizen of Malta; or
(b) he holds or has held the office of Chief Justice or other
judge of the Superior Courts; or
(c) he is not eligible for appointment to or to act in any public
office in accordance with sections 109, 118 and 120 of this
Constitution.
(3) The office of President shall become vacant --
(a) on the expiration of five years from the date of the
appointment to that office; or
(b) if the holder of the office is removed from office by
Resolution of the House of Representatives on the ground of
inability to perform the functions of his office (whether arising
from infirmity of body or mind or any other cause) or
misbehaviour.
Section 49 [Vacancy]
Whenever the office of President is temporarily vacant, and
until a new President is appointed, and whenever the holder of
the office is absent from Malta or on vacation or is for any
reason unable to perform the functions conferred upon him by
this Constitution, those functions shall be performed by such
person as the Prime Minister, after consultation with the Leader
of the Opposition, may appoint or, if there is no person in
Malta so appointed and able to perform those functions, by the
Chief Justice.
Section 50 [Oath]
A person appointed to or assuming the functions of the office of
President shall, before entering upon that office, take and
subscribe the oath of office set out in the Second Schedule to
this Constitution. Any person appointed to the office of
President under subsection (1) of section 48 of this Constitution
shall take the oath of office before the House.
Part I Composition of Parliament
Section 51 [Composition]
There shall be a Parliament of Malta which shall consist of the
President and a House of Representatives.
Section 52 [House of Representatives]
(1) Subject to the provisions of this Chapter, the House of
Representatives shall consist of such number of members, being
an odd number and divisible by the number of electoral
divisions, as Parliament shall from time to time by law
determine. Such members shall be elected in the manner
provided by or under any law for the time being in force in
Malta in equal proportions from the electoral divisions referred
to in section 56 of this Constitution, each division returning
such number of members, being not less than five and not more
than seven as Parliament shall from time to time by law
determine; and such members shall be known as "Members of
Parliament".
Provided that where.
(i) at any general election, a political party obtains in the
aggregate more than fifty per centum of all the valid votes cast
at that election, as credited to its candidates by the Electoral
Commission at the first count of all the votes, but the number
of its candidates elected at such election is less than the total of
all the other candidates so elected; or
(ii) at a general election which is contested by more than two
political parties and in which only candidates of two of such
parties are elected, a political party obtains a percentage of all
the valid votes cast at such election, as credited to its candidates
by the Electoral Commission at the first count of all the votes,
which is greater than that obtained by any one other party, but
the number of its candidates elected at such election is less than
the number of the other candidates so elected, the number of
members of the House of Representatives shall be increased by
as many members as may be necessary in order that the party
obtaining more than fifty per centum, or the larger percentage,
of all the valid votes, as the case may be, shall have one
member more than the total of the other candidates elected at
that election; and, in any such case, such persons shall be
declared by the Electoral Commission to be elected to fill the
additional seats created by this proviso who, being candidates of
the party last mentioned at such elections, were credited by the
Electoral Commission at the last count, with the highest or next
higher number of votes without being elected, irrespective of
the division in which such highest or higher number of votes
occurs.
(2) If any person who is not a member of the House of
Representatives is elected to be Speaker of the House he shall,
by virtue of holding the office of Speaker, be a member of the
House in addition to the other members:
Provided that in any such case the Speaker shall not be treated
as a member of the House for the purpose of establishing the
number of votes required to support a bill for any of the
purposes of section 66 of this Constitution.
Section 53 [Qualification]
Subject to the provisions of section 54 of this Constitution, a
person shall be qualified to be elected as a member of the
House of Representatives if, and shall not be qualified to be so
elected unless, he has the qualifications for registration as a
voter for the election of members of the House of
Representatives mentioned in section 57 of this Constitution.
Section 54 [Incompatibility]
(1) No person shall be qualified to be elected as a member of
the House of Representatives --
(a) if he is a citizen of a country other than Malta having
become such a citizen voluntarily or is under a declaration of
allegiance to such a country;
(b) save as otherwise provided by Parliament, if he holds or is
acting in any public office or is a member of the armed forces
of the Government of Malta;
(c) if he is a party to, or is a partner with unlimited liability in
a partnership or a director or manager of a company which is a
party to, a contract with the Government of Malta being a
contract of works or a contract for the supply of merchandise to
be used in the service of the public and has not, within one
month before the date of election, published in the Gazette a
notice setting out the nature of any such contract and his
interest, or the interest of any such partnership or company,
therein;
(d) if he is an undischarged bankrupt, having been adjudged or
otherwise declared bankrupt under any law in force in Malta;
(e) if he is interdicted or incapacitated for any mental infirmity
or for prodigality by a court in Malta, or is otherwise
determined in Malta to be of unsound mind;
(f) if he is under sentence of death imposed on him by any
court in Malta or is serving a sentence of imprisonment (by
whatever name called), exceeding twelve months imposed on
him by such a court or substituted by competent authority for
some other sentence imposed on him by such a court, or is
under such a sentence of imprisonment the execution of which
has been suspended;
(g) if he holds or is acting in any office the functions of which
involve any responsibility for, or in connection with, the
conduct of any election of members of the House of
Representatives or the compilation or revision of any electoral
register;
(h) if he is disqualified for membership of the House of
Representatives by or under any law for the time being in force
in Malta by reason of his having been convicted of any offence
connected with the election of members of the House of
Representatives.
(2) For the purposes of paragraph (f) of subsection (1) of this
section --
(a) two or more sentences that are required to be served
consecutively shall be regarded as separate sentences if none of
them exceeds twelve months, but if any one of them exceeds
that term they shall be regarded as one sentence; and
(b) no account shall be taken of a sentence of imprisonment
imposed as an alternative to, or in default of, the payment of a
fine.
(3) A person shall not be treated as holding, or acting in a
public office for the purpose of paragraph (b) of subsection (1)
of this section --
(a) if he is on leave of absence pending relinquishment of a
public office;
(b) if he is a teacher at the University of Malta who is not by
the terms of his employment prevented from the private practice
of his profession or called upon to place his whole time at the
disposal of the Government of Malta.
Section 55 [Vacancy]
(1) The seat of a member of Parliament shall become vacant --
(a) upon the next dissolution of Parliament after his election;
(b) if he resigns his seat by writing under his hand addressed to
the Speaker or, if the office of Speaker is vacant or the Speaker
is absent from Malta, to the Deputy Speaker;
(c) if he becomes a party to a contract with the Government of
Malta being a contract of works or a contract for the supply of
merchandise to be used in the service of the public, or if any
partnership in which he is a partner with unlimited liability or a
company of which he is a director or manager becomes a party
to any such contract or if he becomes a partner with unlimited
liability in a partnership or a director or manager of a company
that is a party to any such contract:
Provided that he shall not vacate his seat under the provisions
of this paragraph if before becoming a party to the contract or
before, or as soon as practicable after becoming otherwise
interested in the contract (whether as a partner with unlimited
liability in a partnership or as a director or manager of a
company) he discloses to the Speaker the nature of the contract
and his interest or the interest of the partnership or company
therein and the House of Representatives by resolution exempts
him from the provisions of this paragraph;
(d) if he is absent from the sittings of the House of
Representatives for such period and in such circumstances as
may be prescribed by the Standing Orders of the House;
(e) if he ceases to be a citizen of Malta;
(f) if he ceases to be qualified for registration as a voter for the
election of members of the House of Representatives;
(g) subject to the provisions of subsection (2) of this section, if
any circumstances arise that if he were not a member of the
House of Representatives, would cause him to be disqualified
for election thereto.
(2) (a) If circumstances such as are referred to in paragraph (g)
of subsection (1) of this section arise because any member of
the House of Representatives is under sentence of death or
imprisonment, interdicted or incapacitated or adjudged to be of
unsound mind, adjudged or otherwise declared bankrupt or
convicted of an offence connected with elections and if it is
open to the member to appeal against the decision (either with
the leave of a court or other authority or without such leave),
he shall forthwith cease to perform his functions as a member
of the House but, subject to the provisions of this section, he
shall not vacate his seat until the expiration of a period of thirty
days thereafter:
Provided that the Speaker may from time to time, extend that
period for further periods of thirty days to enable the member
to pursue an appeal against the decision, so however that
extensions of time exceeding in the aggregate one hundred and
fifty days shall not be given without the approval, signified by
resolution, of the House.
(b) If on the determination of any appeal, such circumstances
continue to exist and no further appeal is open to the member,
or if, by reason of the expiration of any period for entering an
appeal or notice thereof or the refusal of leave to appeal or for
any other reason, it ceases to be open to the member to appeal,
he shall forthwith vacate his seat.
(c) If at any time before the member vacates his seat such
circumstances as aforesaid cease to exist, his seat shall not
become vacant on the expiration of the period referred to in
paragraph (a) of this subsection and he may resume the
performance of his functions as a member of the House of
Representatives.
(d) For the purposes of this subsection "appeal" means, in the
case of an order by a court of voluntary jurisdiction for the
interdiction or incapacitation of a member of the House of
Representatives, the taking of any action for the review of that
order before the Civil Court, First Hall.
Section 56 [Election]
(1) The members of the House of Representatives shall be
elected upon the principle of proportional representation by
means of the single transferable vote from such number of
electoral divisions, being an odd number and not less than nine
and not more than fifteen, as Parliament shall from time to time
determine.
(2) The election of members of the House of Representatives
shall be free of illegal or corrupt practices and foreign
interference.
(3) It shall be the duty of the Electoral Commission to suspend
the election, either in all electoral divisions or in any one or
more of such divisions, if it has reasonable ground to believe
that illegal or corrupt practices or other offences connected with
the elections have been committed or there has been foreign
interference and such practices, offences or interference have so
extensively prevailed or have been of such nature that they may
reasonably be expected to affect the result of the election, in all
or in any one or more of the electoral divisions.
(4) In any case in which an election is suspended under
subsection (3) of this section, the Chief Electoral Commissioner
shall forthwith refer the matter to the constitutional court for its
decision.
(5) Where any of the grounds on which an election may be
suspended under subsection (3) of this section exist and the
election has not been suspended, or where illegal or corrupt
practices or other offences or foreign interference as are
referred to in that subsection may reasonably be supposed to
have affected the result of an election, in all or in any one or
more of the electoral divisions, any person entitled to vote at
that election may, not later than three days after the publication
of the official result of the election, refer the matter to the
Constitutional Court for its decision.
(6) Any reference to the Constitutional Court under either
subsection (4) or subsection (5) of this section shall be made
and shall be determined by that Court in accordance with any
law for the time being in force in Malta. On any such reference
the Court shall, without prejudice to any other powers, have
power to annul the election, in all or in any one or more of the
electoral divisions, on any of the grounds mentioned in the said
subsections, and to give such directions and orders and to
provide such redress and other remedies as it may deem
appropriate in the circumstances and in particular to ensure that
a free election, in place of any one that may have been
annulled, be held at the earliest possible opportunity.
(7) Where an election has been annulled under subsection (6) of
this section, the result of the election shall not be complete
before the publication of the official result of a valid election in
all electoral divisions.
(8) Except by a bill for an Act of Parliament passed in the
manner specified in subsection (2) of section 66 of this
Constitution, no alteration in any law shall be made --
(a) whereby any act or omission shall cease to be an illegal or
corrupt practice or other offence relating to the election of
members of the House of Representatives or foreign
interference or
(b) which alters or adds to the circumstances or conditions in
which or under which an act or omission is such a practice or
other offence or foreign interference or
(c) reduces the punishment to which from time to time any such
practice or other offence or interference renders the offender
liable;
and for the purposes of this subsection the provisions of
subsection (7) of section 66 of-this constitution shall apply as if
references to the alteration to any of the provisions of this
Constitution were references to the alteration of any law.
(9) No person shall vote at the election of members of the
House of Representatives for any electoral division who is not
registered under any law for the time being in force in Malta as
a voter in that division.
(10) At the election of members of the House of
Representatives --
(a) voting shall be by ballot and shall be carried out in such a
manner as not to disclose the way in which the vote of any
particular voter is given; and
(b) no person shall be permitted to vote on behalf of another:
Provided that provision may be made by law whereby, if a
person is unable, by reason of blindness, other physical cause
or illiteracy to mark on his ballot paper, his ballot paper may be
marked on his behalf and on his directions by some other
person officially supervising the poll at the place of voting.
(11) Ballot papers shall be drawn up in such a manner as to
enable illiterates to distinguish between the political parties to
which candidates belong.
(12) Candidates and their agents shall be given facilities to
watch the transportation of ballot boxes and the sealing and
unsealing thereof.
(13) The expressions "corrupt practice", "offences connected
with the election of members of the House of Representatives"
and "foreign interference" have the meaning assigned to them
by a law for the time being in force regulating the conduct of
elections or foreign interference with respect to elections, and
any such law shall be deemed for the purposes of this section
and of sections 32 to 47 (inclusive) of this Constitution to be
reasonably required in the interests of public order and
reasonably justifiable in a democratic society.
Section 57 [Electoral Rights]
Subject to the provisions of section 58 of this Constitution, a
person shall be qualified to be registered as a voter
(a) he is a citizen of Malta;
(b) he has attained the age of eighteen years; and
(c) he is resident in Malta and has during the eighteen months
immediately preceding his registration been a resident for a
continuous period of six months or for periods amounting in the
aggregate to six months:
Provided that this paragraph shall not apply to a person who is
ordinarily resident in Malta but has not been resident in Malta
as required by this paragraph by reason of service abroad in the
public service, including service in the offices referred to in
subsection (3) of section 124 of this Constitution, or by reason
of service abroad in, or as a member of, a disciplined force as
defined in section 47 of this Constitution.
Section 58 [Disqualification from Voting]
No person shall be qualified to be registered as a voter for the
election of members of the House of Representatives if --
(a) he is interdicted or incapacitated for any mental infirmity by
a court in Malta or is otherwise determined in Malta to be of
unsound mind;
(b) he is under sentence of death imposed on him by any court
in Malta or is serving a sentence of imprisonment (by whatever
name called) exceeding twelve months imposed on him by such
a court or substituted by competent authority for some other
sentence imposed on him by such a court, or is under such a
sentence of imprisonment the execution of which has been
suspended; or
(c) he is disqualified for registration as a voter by or under any
law for the time being in force in Malta by reason of his having
been convicted of any offence connected with the election of
members of the House of Representatives.
Section 59 [Speaker]
(1) When the House of Representatives first Speaker and meets
after any general election and before it proceeds to the despatch
of any other business, it shall elect a person to be the Speaker
of the House; and if the office of Speaker falls vacant at any
time before the next dissolution of Parliament, the house shall,
as soon as practicable, elect another person to that office.
(2) The Speaker may be elected either --
(a) from among persons who are members of the House of
Representatives, but are not Ministers or Parliamentary
Secretaries, or
(b) from among persons who are not members of the House of
Representatives and are qualified for election as members
thereof.
(3) When the House of Representatives first meets after any
general election and before it proceeds to the despatch of any
other business except the election of the Speaker, the House
shall elect a member of the House, who is not a Minister or a
Parliamentary Secretary, to be Deputy Speaker of the House;
and if the office of Deputy Speaker falls vacant at any time
before the next dissolution of Parliament, the House shall, as
soon as convenient, elect another such member to that office.
(4) A person shall vacate the office of Speaker or Deputy
Speaker --
(a) in the case of a Speaker elected from among the members of
the House of Representatives or in the case of the Deputy
Speaker --
(i) if he ceases to be a member of the House:
Provided that the Speaker shall not vacate his office by reason
only that he has ceased to be a member of the House on a
dissolution of Parliament, until the House first meets after that
dissolution;
(ii) if he is appointed to be a Minister or a Parliamentary
Secretary;
(b) in the case of a Speaker elected from among persons who
are not members of the House of Representatives --
(i) when the House first meets after any dissolution of
Parliament;
(ii) if any circumstances arise that would cause him to be
disqualified for election as a member of the House of
Representatives;
(c) if he announces his resignation of. his office to the House of
Representatives or if by writing under his hand addressed, in
the case of the Speaker to the Clerk of the House and in the
case of the Deputy Speaker to the Speaker (or, if the office of
Speaker is vacant or the Speaker is absent from Malta, to the
Clerk of the House) he resigns that office; or
(d) in the case of the Deputy Speaker, if he is elected to be
Speaker.
(5) (a) If, by virtue of subsection (2) of section 51; of this
Constitution, the Speaker or Deputy Speaker is required to
cease to perform his functions as a member of the House of
Representatives he shall also cease to perform his functions as
Speaker or Deputy Speaker. as the case may be, and those
functions shall until he vacates his seat in the House or resumes
the performance of the functions of his office, be performed --
(i) in the case of the Speaker, by the Deputy Speaker or, if the
office of Deputy Speaker is vacant or the Deputy Speaker is
required to cease to perform his functions as a member of the
House of Representatives by virtue of subsection (2) of section
55 of this Constitution, by such member of the House (not
being a Minister or Parliamentary Secretary) as the House may
elect for the purpose;
(ii) in the case of the Deputy Speaker, by such member of the
House (not being a Minister or Parliamentary Secretary) as the
House may elect for the purpose.
(b) if the Speaker or Deputy Speaker resumes the performance
of his functions as a member of the House, in accordance with
the provisions of subsection (2) of section 55 of this
Constitution, he shall also resume the performance of his
functions of Speaker or Deputy Speaker, as the case may be.
Section 60 [Electoral Commission]
(1) There shall be an Electoral Commission for Malta.
(2) The Electoral Commission shall consist of a Chairman, who
shall be the person for the time being holding the office of
Chief Electoral Commissioner and who shall be appointed to
that office from the public service, and such number of
members not being less than four as may be prescribed by any
law for the time being in force in Malta.
(3) The members of the Electoral Commission shall be
appointed by the President, acting in accordance with the advice
of the Prime Minister, given after he has consulted the Leader
of the Opposition.
(4) A person shall not be qualified to hold office as a member
of the Electoral Commission if he is a Minister, a Parliamentary
Secretary, a member of, or a candidate for election to, the
House of Representatives or a public officer.
(5) Subject to the provisions of this section, a member of the
Electoral Commission shall vacate his office --
(a) at the expiration of three years from the date of his
appointment or at such earlier time as may be specified in the
instrument by which he was appointed; or
(b) if any circumstances arise that, if he were not a member of
the Commission, would cause him to be disqualified for
appointment as such.
(6) Subject to the provisions of subsection (7) of this section, a
member of the Electoral Commission may be removed from
office by the President acting in accordance with the advice of
the Prime Minister.
(7) A member of the Electoral Commission shall not be
removed from office except for inability to discharge the
functions of his office (whether arising from infirmity of mind
or body or any other cause) or for misbehaviour.
(8) If the office of a member of the Electoral Commission is
vacant or if a member is for any reason unable to perform the
functions of his office, the President, acting in accordance with
the advice of the Prime Minister, given after he has consulted
the Leader of the Opposition, may appoint a person who is
qualified to be appointed to be a member to be a temporary
member of the Commission; and any person so appointed shall,
subject to the provisions of subsections (5), (6) and (7) of this
section, cease to be such a member when a person has been
appointed to fill the vacancy or, as the case may be, when the
member who was unable to perform the functions of his office
resumes those functions.
(9) In the exercise of its functions under this Constitution the
Electoral Commission shall not be subject to the direction or
control of any other person or authority.
Section 61 [Electoral Divisions]
(1) The Electoral Commission shall review the boundaries of
the electoral divisions referred to in section 56(1) of this
Constitution at intervals of not less than two nor more than five
years and may, in accordance with the provisions of this
section, alter such boundaries to such extent as it considers
desirable in the light of the review:
Provided that the Commission shall carry out such a review
and, in accordance with the provisions of this section, alter the
said boundaries whenever Parliament has made provision
altering the number of electoral divisions; and in addition the
Commission may at any time carry out such a review and, in
accordance with the provisions of this section, alter the said
boundaries to such extent as it considers desirable in
consequence of the holding of a census of the population in
pursuance of any law.
(2) Any provision by Parliament altering the number of
electoral divisions shall come into effect when the alteration of
the boundaries of the electoral divisions that, in accordance with
the provisions of subsection (1) of this section, is consequential
thereon comes into effect.
(3) Whenever an alteration of boundaries is made by the
Commission under this section the following provisions shall
have effect:
(a) the Chief Electoral Commissioner shall, as soon as
practicable after it is made, communicate the alteration to the
Prime Minister and to the Leader of the Opposition;
(b) not later than two months from the receipt of such
communication, the Prime Minister shall cause the alteration to
be placed before the House of Representatives for consideration
by it;
(c) not later than five months from the receipt of the said
communication by the Prime Minister, the House may, by
resolution, either approve the alteration or refer it back to the
Commission for reconsideration;
(d) upon the expiration of six months from the date on which
the alteration was communicated to the Prime Minister, or, if
the alteration is approved by the House, upon such approval,
or, if the alteration is referred back to the Commission, upon
the expiration of two months from such reference, the Chief
Electoral Commissioner shall cause the alteration to be
published in the gazette either in its original form or, if it has
been modified by the Commission, as so modified; and
(e) any such alteration shall come into effect upon the next
dissolution of Parliament after the alteration is published in the
Gazette under paragraph (d) of this subsection:
Provided that nothing in this paragraph shall be construed as
preventing the publication of any electoral register or any other
requirement connected with the registration of voters from
being carried out in accordance with the alteration, under any
law for the time being in force in Malta, before that dissolution.
(4) An alteration of the boundaries of any electoral division
under this section shall be made in such manner as secures that,
at the time when the Commission carries out its review, the
number obtained by dividing the total electorate in the
division (as ascertained by reference to the electoral register in
force at that time) by the number of members to be returned to
the House of Representatives from that division is as nearly
equal to the electoral quota as is reasonably practicable:
Provided that any such alteration may be made in such manner
that the number of voters in that division is, at the time when
the Commission carries out its review, greater or less than the
electoral quota multiplied by the number of members to be so
returned, but in no case by more than five per centum, in order
to take account of geographical vicinity, differences in density
of population and other relevant factors.
(5) For the purposes of any review carried out under this
section, "electoral quota" means the number obtained by
dividing the total electorate of Malta (as ascertained from the
electoral register in force at the time when the Commission
carries out that review) by the total number of members to be
returned to the House of Representatives at the general election
following the next dissolution of Parliament.
(6) The conduct of elections in every electoral division and of
any vote taken under the provisions of section 66(3) of this
Constitution shall be subject to the direction and supervision of
the Electoral Commission.
Section 62 [Re-Election]
Whenever the seat of any member of the House of
Representatives becomes vacant the vacancy shall be filled in
the manner provided by or under any law for the time being in
force in Malta.
Section 63 [Election Control by Constitutional Court]
Any question whether --
(a) any person has been validly elected as a member of the
House of Representatives;
(b) any member of the House has vacated his seat therein or is
required, under the provisions of subsection (2) of section 55 of
this Constitution, to cease to perform his functions as a
member; or
(c) any person has been validly elected as Speaker from among
persons who are not members of the House or, having been so
elected, has vacated the office of Speaker,
shall be referred to and determined by the Constitutional Court
in accordance with the provisions of any law for the time being
in force in Malta.
Section 64 [Clerk]
(1) There shall be a Clerk to the House of Representatives.
(2) The office of the Clerk to the House of Representatives and
the offices of the members of his staff shall be public offices.
Part 2 Powers and Procedure of Parliament
Section 65 [Legislation]
(1) Subject to the provisions of this Constitution, Parliament
may make laws
(2) Without prejudice to the generality of subsection (1) and
subject to the provisions of subsections (3), (4) and (5) of this
section, Parliament may by law determine the privileges,
immunities and powers of the House of Representatives and the
members thereof.
(3) No civil or criminal proceedings may be instituted against
any member of the House of Representatives for words spoken
before, or written in a report to, the House or a committee
thereof or by reason of any matter or thing brought by him
therein by petition, bill, resolution, motion or otherwise.
(4) For the duration of any session members of the House of
Representatives shall enjoy freedom from arrest for any civil
debt except a debt the contraction of which constitutes a
criminal offence.
(5) No process issued by any court in the exercise of its civil
jurisdiction shall be served or executed within the precincts of
the House of Representatives while the House is sitting or
through the Speaker, the Clerk or any officer of the House.
Section 66 [Qualified Majority]
(1) Subject to the provisions of this section, Parliament may
alter any of the provisions of this Constitution and (in so far as
it forms part of the law of Malta) any of the provisions of the
Malta Independence Act, 1964.
(2) In so far as it alters --
(a) this section; or
(b) Section 1, subsection (2) of section 2, subsection (1) of
section 3, subsection (1) of section 5, section 6, sections 32 to
48 (inclusive), sections 51, 52, 56? 57, 60 and 61,
subsection (3) of section 65, subsection (2) of section 75,
section 76 (other than subsection (2) thereof), sections 77 and
78, section 80, section 91 sections 95 to 100 (inclusive),
sections 102 to 110 (inclusive), sections 113, 114, 118, 119 or
120 of this Constitution: or
(c) section 124 of this Constitution in its application to any of
the provisions specified in paragraph (a) or (b) of this
subsection,
a bill for an Act of Parliament under this section shall not be
passed in the House of Representatives unless at the final voting
thereon in that House it is supported by the votes of not less
than two-thirds of all the members of the House.
(3) In so far as it alters --
(a) this subsection or subsection (4) of this section; or
(b) subsection (2) of section 76 of this Constitution, a bill for an
Act of Parliament under this section shall not be presented to
the President for his assent unless not less than three nor more
than six months after its passage through the House in the
manner specified in subsection (2) of this section it has been
submitted to the electors qualified to vote for the election of
members of the House of Representatives and the majority of
the electors voting have approved the bill.
(4) The provisions of subsection (10) of section 56 of this
Constitution shall apply to the voting on a bill submitted to the
electors under subsection (3) of this section as they apply to
voting at the election of members of the House of
Representatives, and subject as aforesaid the vote on such bill
shall be taken in such manner as Parliament may prescribe.
(5) In so far as it alters any of the provisions of this
Constitution other than those specified in subsections (2) and (3)
of this section, a, bill for an Act of Parliament under this
section shall not be passed in the House of Representatives
unless at the final voting thereon in that House it is supported
by the votes of a majority of all the members of the House.
(6) An Act of Parliament altering the number of members of the
House of Representatives shall not affect the membership of the
House before the dissolution of Parliament next following its
enactment.
(7) In this section --
(a) references to any of the provisions of this Constitution or of
the Malta Independence Act, 1964 include references to any law
that amends or replaces that provision; and
(b) references to the alteration of any of the provisions of this
Constitution or of the Malta Independence Act, 1964 include
references to the amendment, modification or re-enactment,
with or without amendment or modification, of that provision,
the suspension or repeal of that provision and the making of a
different provision in lieu of that provision.
Section 67 [Regulation of Procedure]
(1) Subject to the provisions of this Constitution, the House of
Representatives may regulate its own procedure.
(2) The House of Representatives may act notwithstanding any
vacancy in its membership (including any vacancy not filled
when the House first meets on or after the appointed day or
after any dissolution of Parliament) and the presence or
participation of any person not entitled to be present at or to
participate in the proceedings of the House shall not invalidate
those proceedings.
(3) Any provision made in pursuance of subsection (1) of this
section for setting up Committees of the House to enquire into
matters of general public importance shall be designed to secure
that, so far as it appears practicable to the House, any such
Committee is so composed as fairly to represent the House.
Section 68 [Oath of Members of Parliament]
No member of the House of Representatives shall be permitted
to take part in the proceedings of the House other than
proceedings necessary for the purposes of this section until he
has taken and subscribed before the House the oath of
allegiance:
Provided that the election of the Speaker and Deputy Speaker
may take place before the members of the House have taken
and subscribed such oath
Section 69 [Presidency of Parliament]
(1) There shall preside at any sitting of the House of
Representatives --
(a) the Speaker; or
(b) in the absence of the Speaker, the Deputy Speaker; or
(c) in the absence of the Speaker and the Deputy Speaker, such
member of the House (not being a Minister or a Parliamentary
Secretary) as the House may elect for that purpose.
(2) References in this section to circumstances in which the
Speaker or the Deputy Speaker is absent include references to
circumstances in which the office of Speaker or Deputy Speaker
is vacant.
Section 70 [Quorum]
(1) If at any sitting of the House of Representatives any
member who is present draws the attention of the person
presiding at the sitting to the absence of a quorum and, after
such interval as may be prescribed in the Standing Orders of the
House, the person presiding at the sitting ascertains that a
quorum of the House is still not present, the House shall be
adjourned.
(2) For the purposes of this section --
(a) a quorum of the House of Representatives shall consist of
fifteen members; and
(b) the person presiding at the sitting of the House shall not be
included in reckoning whether there is a quorum present.
Section 71 [Majority]
(1) Save as otherwise provided in this Constitution, all
questions proposed for decision in the House of Representatives
shall be determined by a majority of the votes of the members
thereof present and voting.
(2) The Speaker shall not vote unless on any question the votes
are equally divided, in which case he shall have and exercise a
casting vote.
(3) Any other person shall, when presiding in the House of
Representatives, retain his original vote as a member and, if
upon any question, the votes are equally divided, shall also
have and exercise a casting vote.
Section 72 [Bills]
(1) The power of Parliament to make laws shall be exercised by
bills passed by the House of Representatives and assented to by
the President.
(2) When a bill is presented to the President for assent, he shall
without delay signify that he assents.
(3) A bill shall not become law unless it has been duly passed
and assented to in accordance with this constitution.
(4) When a law has been assented to by the President it shall
without delay be published in the Gazette and shall not come
into operation until it has been so published, but Parliament
may postpone the coming into operation of any such law and
may make laws with retrospective effect.
Section 73 [Finance Bills]
Except upon the recommendation of the President signified by a
Minister, the House of Representatives shall not --
(a) proceed upon any bill (including any amendment to a bill)
that, in the opinion of the person presiding, makes provision for
any of the following purposes, that is to say, for imposing or
increasing any tax, for imposing or increasing any charge on
the revenues or other funds of Malta or for altering any such
charge otherwise than by reducing it, or for compounding or
remitting any debt due to Malta;
(b) proceed upon any motion (including any amendment to a
motion) the effect of which, in the opinion of the person
presiding, would be to make provision for any of the purposes
aforesaid; or
(c) receive any petition which, in the opinion of the person
presiding, requests that provision be made for any of the
purposes aforesaid.
Section 74 [Legal Languages]
Save as otherwise provided by Parliament, every law shall be
enacted in both the Maltese and English languages and, if there
is any conflict between the Maltese and the English texts of any
law, the Maltese text shall prevail.
Part 3 Summoning, prorogation and dissolution
Section 75 [Sessions]
(1) Each session of Parliament shall commence at such time as
the President may by proclamation appoint and shall be held at
such place or places as the President by proclamation, or as the
House of Representatives in any manner it may deem
appropriate, may from time to time appoint.
(2) There shall be a session of Parliament once at least in every
year, so that a period of twelve months shall not intervene
between the last sitting of Parliament in one session and the
first sitting thereof in the next session.
(3) The House of Representatives shall meet not later than two
months after the publication of the official result of any general
election by the Electoral Commission on a day appointed by the
President
Section 76 [Dissolution]
(1) The President may at any time by proclamation prorogue or
dissolve Parliament.
(2) Subject to the provisions of subsection (3) of this section,
Parliament, unless sooner dissolved, shall continue for five
years from the date of its first sitting after any dissolution and
shall then stand dissolved.
(3) At any time when Malta is at war, Parliament may from
time to time extend the period of five years specified in
subsection (2) of this section for not more than twelve months
at a time
Provided that the life of Parliament shall not be extended under
this subsection for more than five years.
(4) If between a dissolution of Parliament and the next ensuing
general election of members of the House of Representatives an
emergency arises of such a nature that, in the opinion of the
Prime Minister it is necessary to recall Parliament, the
President may by proclamation summon the Parliament that has
been dissolved to meet, and that Parliament shall thereupon be
deemed (except for the purpose of section 77 and, in relation to
the next ensuing general election, section 61(3) and 66(6) of
this Constitution) not to have been dissolved but shall be
deemed (except as aforesaid) to be dissolved on the date on
which the polls are concluded in the next ensuing general
election.
(5) In the exercise of his powers under this section the President
shall act in accordance with the advice of the Prime Minister:
Provided that --
(a) if the House of Representatives passes a resolution,
supported by the votes of a majority of all the members thereof,
that it has no confidence in the Government, and the Prime
Minister does not within three days either resign from his office
or advice a dissolution, the President may dissolve Parliament;
(b) if the office of Prime Minister is vacant and the President
considers that there is no prospect of his being able within a
reasonable time to appoint to that office a person who can
command the support of a majority of the members of the
House of Representatives, the President may dissolve
Parliament; and
(c) if the Prime Minister recommends a dissolution and the
President considers that the Government of Malta can be earned
on without a dissolution and that a dissolution would not be in
the interests of Malta, the President may refuse to dissolve
Parliament.
Section 77 [Re-Election]
A general election of members of the House of Representatives
shall be held at such time within three months after every
dissolution of Parliament as the President acting in accordance
with the advice of the Prime Minister, shall by proclamation
appoint.
Section 78 [President]
(1) The executive authority of Malta is vested in the
President
(2) The executive authority of Malta shall be exercised by the
President, either directly or through officers subordinate to him,
in accordance with the provisions of this Constitution.
(3) Nothing in this section shall prevent Parliament from
conferring functions on persons or authorities other than the
President.
Section 79 [Cabinet]
(1) There shall be a Cabinet for Malta which shall consist of the
Prime Minister and such number of other Ministers as may be
appointed in accordance with section 80 of this Constitution.
(2) The Cabinet shall have the general direction and control of
the Government of Malta and shall be collectively responsible
therefor to Parliament.
Section 80 [Appointment of Prime Minister]
Wherever there shall be occasion for the appointment of a
Prime Minister, the President shall appoint as Prime Minister
the member of the House of Representatives who, in his
judgment, is best able to command the support of a majority of
the members of that House and shall, acting in accordance with
the advice of the Prime Minister, appoint the other Ministers
from among the members of the House of Representatives:
Provided that if occasion arises for making an appointment to
the office of Prime Minister or any other Minister while
Parliament is dissolved, a person who was a member of the
House of Representatives immediately before the dissolution
may be appointed as Prime Minister or any other Minister as if,
in each case, such person were still a member of the House of
Representatives, but any person so appointed shall vacate office
at the beginning of the next session of Parliament if he is not
then a member thereof.
Section 81 [Vote of No Confidence]
(1) If the House of Representatives passes a resolution,
supported by the votes of a majority of all the members thereof,
that it has no confidence in the Government, the President may
remove the Prime Minister from office:
Provided that the President shall not do so unless three days
have elapsed and he has decided not to dissolve Parliament
under section 76 of this Constitution.
(2) The office of Prime Minister shall also become vacant --
(a) when, after any dissolution of parliament, the Prime
Minister is informed by the President that the President is about
to re-appoint him as Prime Minister or to appoint another
person as Prime Minister:
(b) if he ceases to be a member of the House of Representatives
otherwise than by a dissolution of Parliament: or
(c) if, under the provisions of subsection (2) of section 55 of
this Constitution, he is required to cease to perform his
functions as a member of the House of Representatives.
(3) The office of a Minister, other than the office of Prime
Minister, shall become vacant --
(a) upon the appointment or re-appointment of any person to the
office of Prime Minister;
(b) if his appointment to his office is revoked by the President,
acting in accordance with the advice of the Prime Minister;
(c) if he ceases to be a member of the House of Representatives
otherwise than by a dissolution of Parliament or
(d) if, under the provisions of subsection (2) of section 55 of
this Constitution, he is required to cease to perform his
functions as a member of the House of Representatives.
Section 82 [Empowering Ministers]
(1) Subject to the provisions of this Constitution, the President,
acting in accordance with the advice of the Prime Minister,
may, by directions in writing, assign to the Prime Minister or
any other Minister responsibility for any business of the
Government of Malta including the administration of any
department of government.
(2) Nothing in this section shall empower the President to
confer on any Minister authority to exercise any power or to
discharge any duty that is conferred or imposed by this
Constitution or any other law on any person or authority other
than that Minister.
Section 83 [Absence of Prime Minister]
(1) Whenever the Prime Minister is absent from Malta or on
vacation, or is unable by reason of illness to perform the
functions of his office, the President may authorise any other
member of the Cabinet to perform those functions (other than
the functions conferred by this section) and that member may
perform those functions until his authority is revoked by the
President.
(2) The powers of the President under this section shall be
exercised by him in accordance with the advice of the Prime
Minister:
Provided that if the President considers that it is impracticable
to obtain the advice of the Prime Minister owing to his absence
or illness he may exercise those powers without that advice.
Section 84 [Inability of Ministers]
(1) Whenever a Minister other than the Prime Minister is
unable, by reason of his illness or absence from Malta, to
perform the functions of his office, the President may appoint
another member of the House of Representatives to be a
temporary Minister:
Provided that if occasion arises for making an appointment
while Parliament is dissolved, a person who, immediately
before the dissolution, was a member of the House of
Representatives may be appointed as a temporary Minister as if
he were still a member of that House, but any person so
appointed shall vacate office at the beginning of the next session
of Parliament if he is not then a member thereof.
(2) Subject to the provisions of section 81 of this Constitution, a
temporary Minister shall hold office until he is notified by the
President that the Minister on account of whose inability to
perform the functions of his office he was appointed is again
able to perform those functions or until that Minister vacates his
office.
(3) The powers of the President under this section shall be
exercised by him in accordance with the advice of the Prime
Minister.
Section 85 [Advice of Cabinet]
(1) In the exercise of his functions the President shall act in
accordance with the advice of the Cabinet or a Minister acting
under the general authority of the Cabinet except in cases where
he is required by this Constitution or any other law to act in
accordance with the advice of any person or authority other
than the Cabinet:
Provided that the President shall act in accordance with his own
deliberate judgment in the performance of the following
functions --
(a) in the exercise of the powers relating to the dissolution of
Parliament conferred upon him by the proviso to subsection (5)
of section 76 of this Constitution;
(b) in the exercise of the power to appoint the Prime Minister
or remove the Prime Minister from office conferred upon him
by section 80 and subsection (1) of section 81 of this
Constitution;
(c) in the exercise of the powers conferred upon him by section
83 of this Constitution (which relates to the performance of the
functions of the Prime Minister during absence, vacation or
illness) in the circumstances described in the proviso to
subsection (2) of that section;
(d) in the exercise of the power to appoint the Leader of the
Opposition and to revoke any such appointment conferred upon
him by section 90 of this Constitution; and
(e) in signifying his approval for the purposes of subsection (4)
of section 110 of this Constitution of an appointment to an
office on his personal staff.
(2) Where by this Constitution the President is required to act in
accordance with the advice of any person or authority, the
question whether he has in any case received, or acted in
accordance with, such advice shall not be enquired into in any
court.
(3) The reference in subsection (1) of this section to the
functions of the President shall be construed as a reference to
his powers and duties in the exercise of the executive authority
of Malta and to any other powers and duties conferred or
imposed on him as President by or under this Constitution or
any other law.
Section 86 [Government by Recommendation]
(1) Where by this Constitution the Prime Minister is required to
exercise any function on the recommendation of any person or
authority he shall exercise that function in accordance with such
recommendation.
Provided that --
(a) before he acts in accordance therewith he may once refer
that recommendation back for reconsideration by the person or
authority concerned; and
(b) if that person or authority, having reconsidered the original
recommendation under the preceding paragraph, substitutes
thereof a different recommendation, the provisions of this
subsection shall apply to that different recommendation as they
apply to the original recommendation.
(2) Where by this Constitution the Prime Minister is required to
perform any function after consultation with any person or
authority, he shall not be obliged to perform that function in
accordance with the advice of that person or authority.
(3) Where by this Constitution the Prime Minister is required to
perform any function in accordance with the recommendation
of, or after consultation with, any person or authority, the
question whether he has in any case received, or acted in
accordance with such recommendation or whether he has
consulted with such person or authority shall not be enquired
into in any court.
Section 87 [Information of President]
The Prime Minister shall keep the President fully informed
concerning the general conduct of the Government of Malta and
shall furnish the President with such information as he may
request with respect to any particular matter relating to the
Government of Malta.
Section 88 [Parliamentary Secretaries]
(1) The President, acting in accordance with the advice of the
Prime Minister, may appoint Parliamentary Secretaries from
among the members of the House of Representatives to assist
Ministers in the performance of their duties;
Provided that if occasion arises for making an appointment
while Parliament is dissolved, a person who immediately before
the dissolution was a member of the House of Representatives
may be appointed as a Parliamentary Secretary as if he were
still a member of that House, but any person so appointed shall
vacate office at the beginning of the next session of Parliament
if he is not then a member thereof.
(2) The provisions of subsection (3) of section 81 of this
Constitution shall apply to Parliamentary Secretaries as they
apply to Ministers.
Section 89 [Oath of Ministers]
A Minister or a Parliamentary Secretary shall not enter upon
the duties of his office unless he has taken and subscribed the
oath of allegiance and the oath of office set out in the Third and
in the Second Schedule to this Constitution.
Section 90 [Leader of the Opposition]
(1) There shall be a Leader of the Opposition who shall be
appointed by the President.
(2) Whenever there shall be occasion for the appointment of a
Leader of the Opposition, the President shall appoint --
(a) if there is one opposition party whose numerical strength in
the House of Representatives is greater than the strength of any
other opposition party, the member of the House of
Representatives who is the Leader of that party; or
(b) if, by reason of an equality in the numerical strength of the
opposition parties in the House or by reason that there is no
opposition party, no person is qualified for appointment under
paragraph (a) of this subsection, the member of the House who,
in the judgement of the President, commands the support of the
largest single group of members of the House in opposition to
the Government who are prepared to support one leader.
(3) The office of Leader of the Opposition shall become vacant
--
(a) if after any dissolution of Parliament, he is informed by the
President that the President is about to appoint another person
as Leader of the Opposition;
(b) if he ceases to be a member of the House of Representatives
otherwise than by a dissolution of Parliament;
(c) if, under the provisions of subsection (2) of section 55 of
this Constitution, he is required to cease to perform his
functions as a member of the House of Representatives; or
(d) if his appointment is revoked under the provisions of
subsection (4) of this section.
(4) If, in the judgment of the President, a member of the House
of Representatives other than the Leader of the Opposition, has
become the Leader in the House of the opposition party having
the greatest numerical strength in the House or, as the case may
be, the Leader of the Opposition has ceased to command the
support of the largest single group of members in opposition to
the Government, the President shall revoke the appointment of
the Leader of the Opposition.
(5) Subsection (4) of this section shall not have effect while
Parliament is dissolved.
Section 91 [Attorney General]
(1) There shall be an Attorney General whose office shall be a
public office and who shall be appointed by the President acting
in accordance with the advice of the Prime Minister.
(2) A person shall not be qualified to hold office as Attorney
General unless he is qualified for appointment as a judge of the
Superior Courts.
(3) In the exercise of his powers to institute, undertake and
discontinue criminal proceedings and of any other powers
conferred on him by any law in terms which authorise him to
exercise that power in his individual judgment the Attorney
General shall not be subject to the direction or control of any
other person or authority.
(4) Subject to the provisions of subsection (5) of this section,
the Attorney General shall vacate his office when he attains the
age of sixty years.
(5) Subsections (2) and (3) of section 97 of this Constitution
shall apply to the Attorney General.
Section 92 [Departmental Control]
(1) Where any Minister has been charged with responsibility for
any department of government, he shall exercise general
direction and control over that department; and, subject to such
direction and control, the department may be under the
supervision of a Permanent Secretary:
Provided that two or more departments of government may be
placed under the supervision of one Permanent Secretary.
(2) The Prime Minister shall be responsible for assigning
departments of government to Permanent Secretary.
(3) Power to appoint public officers to hold or act in the office
of Permanent Secretary and to remove from office persons
holding or acting in such office shall vest in the President acting
in accordance with the advice of the Prime Minister given after
the Prime Minister has consulted with the Public Service
Commission.
(4) Heads of departments of government other than those whose
manner of appointment is specifically provided for in this
Constitution shall be appointed from amongst senior public
officers by the Prime Minister acting after consultation with the
Public Service Commission.
Section 93 [Presidential Powers]
(1) The President shall have power to --
(a) grant to any person concerned in or convicted of any
offence a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a
specified period, of the execution of any sentence passed on that
person for any offence;
(c) substitute a less severe form of punishment for any
punishment imposed on any person for any offence; or
(d) remit the whole or part of any sentence passed on any
person for an offence or for any penalty or forfeiture otherwise
due to the State on account of any offence.
(2) (a) Where any person has been sentenced to death by any
court in Malta, the President shall cause a written report of the
case from the trial judge, or, in the case of a court-martial the
person presiding, and such other information derived from the
record of the case or elsewhere as the President may require, to
be sent to the Minister responsible for justice.
(b) The said Minister shall send such written report and
information (if any) to the Cabinet, and the Cabinet shall advice
the President whether he should grant the offender a pardon or
respite in the exercise of the powers conferred on him by this
section.
Section 94 [Secretary of Cabinet]
(1) There shall be a Secretary to the cabinet who shall be a
public officer designated in that behalf by the Prime Minister.
(2) The Secretary to the Cabinet shall be responsible, in
accordance with such instructions as may be given to him by
the Prime Minister for arranging the business for, and keeping
the minutes of, the meetings of the Cabinet and for conveying
the decisions of the Cabinet to the appropriate person or
authority, and shall have such other functions as the Prime
Minister may from time to time direct.
Section 95 [Courts, Constitutional Court]
(1) There shall be in and for Malta such Superior Courts
(2) One of the Superior Courts, composed of such three judges
as could, in accordance with any law for the time being in force
in Malta, compose the Court of Appeal, shall be known as the
Constitutional Court
(a) such questions as are referred to in section 63 of the
Constitution;
(b) any reference made to it in accordance with section 56 of
this Constitution and any matter referred to it in accordance
with any law relating to the election of members of the House
of Representatives;
(c) appeals from decisions of the Civil Court, First Hall, under
section 46 of this Constitution;
(d) appeals from decisions of any court of original jurisdiction
in Malta as to the interpretation of this Constitution other than
those which may fall under section 46 of this Constitution;
(e) appeals from decisions of any court of original jurisdiction
in Malta on questions as to the validity of laws other than those
which may fall under section 46 of this Constitution; and
(f) any question decided by a court of original jurisdiction in
Malta together with any of the questions referred to in the
foregoing paragraphs of this subsection on which an appeal has
been made to the Constitutional Court:
Provided that nothing in this paragraph shall preclude an appeal
being brought separately before the Court of Appeal in
accordance with any law for the time being in force in Malta.
(3) Notwithstanding the provisions of subsection (2) of this
section, if any such question as is referred to in paragraph (d)
or (e) of that subsection arises for the first time in proceedings
in a court of appellate jurisdiction, that court shall refer the
question to the court which gave the original decision, unless in
its opinion the raising of the question is merely frivolous or
vexatious, and that court shall give its decision on any such
question and, subject to any appeal in accordance with the
provisions of subsection (2) of this section, the court in which
the question arose shall dispose of the question in accordance
with that decision.
(4) The provisions of subsections (6) and (7) of section 46 of
this Constitution shall apply to the Constitutional Court and for
that purpose references to that section in the said subsections
shall be construed as references to this section.
(5) If at any time during an election of members of the House
of Representatives and the period of thirty days following any
such election, the Constitutional Court is not constituted as
provided in this section, the said Court shall, thereupon and
until otherwise constituted according to law, be constituted by
virtue of this subsection and shall be composed of the three
more senior of the judges then in office, including, if any is in
office, the Chief Justice or other judge performing the functions
of Chief Justice; and if at any other time the said Court is not
constituted as provided in this section for a period exceeding
fifteen days, such Court shall, upon the expiration of the said
period of fifteen days and until otherwise constituted according
to law, be constituted by virtue of this subsection and shall be
composed of the three more senior judges as aforesaid.
(6) The judges of the Superior Courts shall be a Chief Justice
and such number of other judges as may be prescribed by any
law for the time being in force in Malta:
Provided that the office of a judge of the Superior Courts shall
not, without his consent, be abolished during his continuance in
office.
Section 96 [Appointment of Judges]
(1) The judges of the Superior Courts shall be appointed by the
President acting in accordance with the advice of the Prime
Minister.
(2) A person shall not be qualified to be appointed a judge of
the Superior Courts unless for a period of, or periods
amounting in the aggregate to, not less than twelve years he has
either practiced as an advocate in Malta or served as a
magistrate in Malta, or has partly so practiced and partly so
served.
Section 97 [Conclusion of Office]
(1) Subject to the provisions of this section, a judge of the
Superior Courts shall vacate his office when he attains the age
of sixty-five years.
(2) A judge of the Superior Courts shall not be removed
(3) Parliament may by law regulate the procedure for the
presentation of an address and for the investigation and proof of
the inability or misbehaviour of a judge of the Superior Courts
under the provisions of the last preceding subsection.
Section 98 [Chief Justice]
(1) If the office of Chief Justice is vacant or if the Chief Justice
is for any reason unable to perform the functions of his office,
then, until a person has been appointed to and has assumed the
functions of that office or until the Chief Justice has resumed
those functions, as the case may be, those functions
shall (except to such extent, if any, as other provision is made
by law) be performed by such one of the other Judges of the
Superior Courts as may be designated in that behalf by the
President, acting in accordance with the advice of the Prime
Minister.
(2) If the office of any judge of the Superior Courts (other than
the Chief Justice) is vacant or if any such judge is appointed to
act as Chief Justice or is for any reason unable to perform the
functions of his office, the President, acting in accordance with
the advice of the Prime Minister, may appoint a person
qualified for appointment as a judge of the Superior Courts to
act as a judge of those Courts:
Provided that a person may be so appointed notwithstanding
that he has attained the age of sixty-five years.
(3) Any person appointed under subsection (2) of this section to
act as a judge of the Superior Courts shall continue so to act for
the period of his appointment or, if no such period is specified,
until his appointment is revoked by the President acting in
accordance with the advice of the Prime Minister.
Section 99 [Inferior Courts]
There shall be in and for Malta such inferior courts having such
powers and jurisdiction as may be provided by any law for the
time being in force in Malta.
Section 100 [Magistrates]
(1) Magistrates of the inferior courts shall be Magistrates.
appointed by the President acting in accordance with the advice
of the Prime Minister.
(2) A person shall not be qualified to be appointed to or to act
in the office of magistrate of the inferior courts unless he has
practiced as an advocate in Malta for a period of, or periods
amounting in the aggregate to, not less than seven years.
(3) Subject to the provisions of subsection (4) of this section, a
magistrate of the inferior courts shall vacate his office when he
attains the age of sixty years.
(4) The provisions of subsections (2) and (3) of section 97 of
this Constitution shall apply to magistrates of the inferior
courts.
Section 101 [Oath of Allegiance]
A judge of the Superior Courts or a magistrate of the inferior
courts shall not enter upon the duties of his office taken by
judges unless he has taken and subscribed the oath of allegiance
and such oath for the due execution of his office as may be
prescribed by any law for the time being in force in Malta.
Section 101A [Remuneration]
(1) There shall be a Commission for the Administration of
Justice which shall consist of the President, who shall be the
Chairman, and nine other members as follows:
(a) The Chief Justice who shall be Deputy Chairman and shall
preside over the Commission in the absence of the Chairman;
(b) the Attorney General, ex officio;
(c) two members elected for a period of four years by the
Judges of the Superior Court from among themselves;
(d) two members elected for a period of four years by the
Magistrates of the Inferior Courts from among themselves;
(e) two members appointed for a period of four years as to one
by the Prime Minister and as to the other by the Leader of the
Opposition, being in each case, a person of at least forty five
years of age, and who enjoys the general respect of the public
and a reputation of integrity and honesty;
(f) the President of the Chamber of Advocates, ex officio.
(2) The President shall only have a casting vote; when the
Deputy Chairman presides over a meeting of the Commission
he shall retain his original vote together with the casting vote.
(3) The members elected to the Commission for the
Administration of Justice shall be elected in accordance with
such Rules as may be prescribed by the person or Authority
referred to in subsection (7) of section 46 of this Constitution.
(4) (a) A person shall not be qualified to be appointed or
continue to hold office as a member of the Commission for the
Administration of Justice:
(i) if he is a Minister, a Parliamentary Secretary, a Member of
the House of Representatives or a member of a local
government authority; or
(ii) if he has been convicted of any crime punishable by
imprisonment for any term; or
(iii) if he is disqualified to be elected as a member of the House
of Representatives for any of the reasons stated in
paragraphs (a), (c), (d), (e), (f), (g) or (h) of subsection (1) of
section 54 of this Constitution;
(b) The office of a member of the Commission for the
Administration of Justice shall become vacant if any
circumstances arise that if he were not a member of the
Commission he would not qualify for membership thereof, and
a member of the Commission may abstain or be challenged in
the same circumstances as a judge of the superior courts.
(5) (a) Where a person fills a vacancy caused by a member of
the Commission for the Administration of Justice ceasing to be
such a member for any reason, other than the expiration of the
period of office, such person shall hold office for the unexpired
period of office of the member he replaces.
(b) Where a member of the Commission has been challenged or
has abstained, the President acting in accordance with his own
deliberate judgement shall appoint as a substitute member to sit
on the Commission, a person who in his opinion has as far as
may be the same qualities and qualifications as the member
substituted.
(c) Where the members who, are to be elected under
paragraph (c) and (d) of subsection (1) of this section, or who
are to be appointed under paragraph (e) of the same subsection,
are not so elected or appointed within two weeks from a call for
the purpose by the President, the President who in making such
appointment shall act in accordance with his own deliberate
judgement shall himself appoint members in their stead who
where possible in his opinion shall have the same qualities and
qualifications as such members.
(6) (a) The Commission for the Administration of Justice shall
at all times have a committee for Advocates and Legal
Procurators which shall have such composition, functions,
powers and duties as may be assigned to it by law. The
Commission shall in the exercise of any of its functions in
relation to the professions of Advocates and Legal Procurators
act through the said committee in such manner and subject to
such review as may by the said law be provided.
(b) Notwithstanding the provisions of paragraph (a) of this
subsection, the Commission shall refer to the Committee for
Advocates and Legal Procurators (hereinafter in this section
referred to as "the Committee") any matter concerning the
misconduct of an advocate or legal procurator in the exercise of
their profession, and, saving in the case of an appeal, the
Commission shall not act otherwise than on receipt of, and in
accordance with, the findings of the Committee in any such
matter. So however that, where a report of findings by the
Committee has not been submitted to the Commission within
two months from the day on which the matter was brought
before the Committee, or within such further period or periods
as the Commission may allow, which shall in no case, except
for very exceptional reasons, exceed a further four months, the
Commission shall thereupon itself investigate and determine the
matter.
(c) Without prejudice to the provisions of the foregoing
paragraph the Commission may appoint such other committees
to assist it on any matter falling within its functions as it may
deem fit.
(7) In the exercise of their functions the members of the
Commission and of any of its committees shall act on their
individual judgement and shall not be subject to the direction or
control of any person or authority.
(8) Subsections (2) and (3) of section 121 of this Constitution
shall apply to any committee of the Commission.
(9) There shall be a secretary of the Commission for the
Administration of Justice who shall also act as secretary of any
committee of the Commission. The Secretary of the
Commission shall be appointed by the Commission-from among
public officers assigned to the Courts or from. among members
of the legal professions. The Secretary shall hold office until
such time as his appointment is terminated by the Commission.
(10) A person appointed as a member of the Commission for
the Administration of Justice or any of its committees may be
removed from office by the President, acting in accordance with
the advice of the body or the holder of the office appointing
such member, but he may be removed only for inability to
discharge the functions of his office (whether arising from
infirmity of mind or body or any other cause) or for
misbehaviour.
(11) The functions of the Commission for the Administration of
Justice shall be:
(a) to supervise the workings of all the superior and inferior
courts and to make such recommendations to the minister
responsible for justice as to the remedies, which appear to it,
conductive to a more efficient functioning of such courts;
(b) to advise the minister responsible for justice on any matter
relating to the organisation of the administration of justice;
(c) when so requested by the Prime Minister, to advise on any
appointment to be made in teens of sections 96, 98 or 100 of
this Constitution;
(d) to draw up a code or codes of ethics regulating the conduct
of members of the judiciary;
(e) on the advice of the Committee for Advocates and Legal
Procurators to draw up a code or codes of ethics regulating the
professional conduct of members of; those professions:
Provided that where such advice is not given within such time
as the Commission may establish, the Commission may draw
up such code or codes without the necessity of such advice.
(f) to draw the attention of any judge or magistrate on any
matter, in any court in which he sits, which may not be
conducive to an efficient and proper functioning of such court,
and to draw the attention of any judge or magistrate to any
conduct which could effect the trust conferred by their
appointment, or to any failure on his part to abide by any code
or codes of ethics relating to him;
(g) to exercise, in accordance with any law, discipline over
advocates and legal procurators practicing their profession; and
(h) such other function as may be assigned to it by law.
(12) The Commission for the Administration of Justice shall
each year make a report to the Minister responsible for justice
on its activities during the previous calendar year, and shall at
any time, when it deems fit or as may be required by the said
minister, make a report on any particular matter to the said
minister.
(13) The powers of the President under any law with regard to
the subrogation of Judges and Magistrates and to the assignment
of duties of Judges and Magistrates shall be exercised on the
advice of the minister responsible for justice, so however that,
the minister shall, in advising the President, act in accordance
with any recommendation on the matter by the Chief Justice:
Provided that where the Chief Justice fails to make a
recommendation to the minister, and in any case where the
minister deems it so appropriate, the minister may advise the
President on the matter, in any manner which, in the
circumstances, he considers appropriate:
Provided further than in any such case he shall immediately
publish in the Gazette, a notice of that fact together with the
reasons therefor, and he shall make a statement of such fact in
the House of Representatives not later than the second sitting
immediately after he has so advised the President.
(14) The question whether the Commission for the
Administration of Justice has validly performed any function
vested in it by or under this Constitution shall not be enquired
into in any court.
Section 102 [Revenues]
(1) All revenues and other moneys raised or received by
Malta (not being revenues or other moneys payable into some
other fund, being a fund established by or under any law for the
time being in force in Malta for a specific purpose) shall, unless
Parliament otherwise provides, be paid into and form one
Consolidated Fund.
(2) No moneys shall be withdrawn from the Consolidated Fund
except to meet expenditure that is charged upon the Fund by
this Constitution or any other law
(3) No moneys shall be withdrawn from any public Fund other
than the Consolidated Fund unless the issue of those moneys
has been authorised by or under any law for the time being in
force in Malta.
(4) No moneys shall be withdrawn from the Consolidated Fund
or any other public fund except in the manner prescribed by or
under any law.
(5) The costs, charges and expenses incidental to the collection
and management- of the Consolidated Fund shall be a charge on
the Fund.
Section 103 [Estimates of Revenues]
(1) The Minister responsible for finance shall cause to be
prepared and laid before the House of Representatives before,
or not later than thirty days after, the commencement of each
financial year estimates of the revenues and expenditure of
Malta for that year.
(2) The heads of expenditure contained in the estimates (other
than the expenditure charged upon the Consolidated Fund by
this Constitution or any other law for the time being in force in
Malta) shall be included in a bill, to be known as an
appropriation bill, providing for the issue from the Consolidated
Fund of the sums necessary to meet that expenditure and the
appropriation of those sums for the purposes specified therein.
(3) If in respect of any financial year it is found --
(a) that the amount appropriated by the Appropriation Act for
any purpose is insufficient, or that a need has arisen for
expenditure for a purpose for which no amount has been
appropriated by that Act; or
(b) that any moneys have been expended for any purpose in
excess of the amount (if any) appropriated for the purpose by
that Act,
a supplementary estimate showing the sums required or spent
shall be laid before the House of Representatives and the heads
of any such expenditure shall be included in a supplementary
appropriation bill.
Section 104 [Emergency Budget]
Parliament may make provision under which, if the
Appropriation Act in respect of any financial year has not come
into operation by the beginning of that financial year, the
Minister responsible for finance may authorise the withdrawal
of moneys from the Consolidated Fund for the purpose of
meeting such expenditure as he may consider necessary to carry
on the government of Malta until the expiration of four months
from the beginning of that financial year or the coming into
operation of the Act, whichever is the earlier.
Section 105 [Contingencies Fund]
(1) Parliament may provide for the establishment of a
Contingencies Fund and for authorising the Minister responsible
for finance, if he is satisfied that there has arisen an urgent and
unforeseen need for expenditure for which no other provision
exists, to make advances from that Fund to meet that need.
(2) Where any advance is made in accordance with
subsection (1) of this section a supplementary estimate shall be
presented and a supplementary appropriation bill shall be
introduced as soon as practicable for the purpose of replacing
the amount so advanced.
Section 106 [Debt]
(1) The public debt of Malta shall be a charge upon the
Consolidated Fund and other public funds of Malta.
(2) In this section references to the public debt of Malta include
references to the interest on that debt, sinking fund payments
and redemption moneys in respect of that debt and the costs,
charges and expenses incidental to the management of that debt.
Section 107 [Salaries of Officers]
(1) There shall be paid to the holders of the offices to which
this section applies such salaries as may be prescribed by or
under any law.
(2) The salaries and any allowances payable to the holders of
the offices to which this section applies shall be a charge on the
Consolidated Fund.
(3) The salary payable to the holder of any office to which this
section applies and his terms of office, other than allowances,
shall not be altered to his disadvantage after his appointment,
and, for the purposes of this subsection, in so far as the salary
or the terms of service of any person depend upon the option of
that person, the salary or terms for which he opts shall be
deemed to be more advantageous to him than any others for
which he might have opted.
(4) This section applies to the offices referred to in sections 48,
91, 95(6), 100, 108, 109, 118 and 120 of this Constitution.
Section 108 [Director of Audit]
(1) There shall be a Director of Audit for Malta, whose office
shall be a public office and who shall be appointed by the
President acting in accordance with the advice of the Prime
Minister.
(2) Subject to the provisions of subsection (3) of this section,
the Director of Audit shall vacate his office when he attains the
age of sixty years.
(3) Subsections (2) and (3) of section 97 of this Constitution
shall apply to the Director of Audit.
(4) The accounts of all departments and offices of the
Government of Malta, including the-office of the Public Service
Commission, and the office of the Clerk to the House of
Representatives, and of all Superior and Inferior Courts in
Malta shall be audited and reported on annually by the Director
of Audit and for that purpose the Director of Audit or any
person authorised by him in that behalf shall have access to all
books, records, returns and other documents relating to those
accounts.
(5) The Director of Audit shall submit his reports made under
subsection (4) of this section to the Minister responsible for
finance, who shall cause them to be laid before the House of
Representatives within thirty days of the receipt thereof by him,
or, if the House of Representatives is not sitting, within thirty
days of the commencement of the next sitting of the House of
Representatives.
(6) If the Minister fails to lay any reports before the House of
Representatives in accordance with subsection (5) of this
section, the Director of Audit shall, forthwith on the expiration
of the period mentioned in the said subsection, transmit copies
of such reports to the Speaker of the House of
Representatives (or, if the office of Speaker is vacant or the
Speaker is for any reason unable to perform the functions of his
office, to the Deputy Speaker) who shall, as soon as
practicable, lay them before the House of Representatives.
(7) In the exercise of his functions under the provisions of
subsections (4) and (5) of this section the Director of Audit
shall not be subject to the direction or control of any other
person or authority.
(8) Nothing in this section shall prevent the performance by the
Director of Audit of --
(a) such other functions in relation to the accounts of the
Government of Malta and the accounts of other public
authorities and other bodies administering public funds in Malta
as may be prescribed by or under any law for the time being in
force in Malta; or
(b) such other functions in relation to the supervision and
control of expenditure from public funds in Malta as may be so
prescribed.
Section 109 [Public Service Commission]
(1) There shall be a Public Service Commission for Malta
which shall consist of a chairman, a deputy chairman and from
one to three other members.
(2) The members of the Public Service Commission shall be
appointed by the President, acting in accordance with the advice
of the Prime Minister given after he has consulted the Leader of
the Opposition.
(3) A person shall not be qualified to hold office as a member
of the Public Service Commission if he is a Minister, a
Parliamentary Secretary, a member of, or a candidate for
election to, the House of Representatives, a member of a local
government authority or if he is a public officer.
(4) A member of the Public Service Commission shall not,
within a period of three years commencing with the day on
which he last held office as a member, be eligible for
appointment to or to act in any public office.
(5) Subject to the provisions of this section, the office of a
member of the Public Service Commission shall become vacant
--
(a) at the expiration of five years from the date of his
appointment or at such earlier time as may be specified in the
instrument by which he was appointed; or
(b) if any circumstances arise that, if he were not a member of
the Commission, would cause him to be disqualified for
appointment as such.
(6) A member of the Public Service Commission may be
removed from office by the President, acting in accordance with
the advice of the Prime Minister, but he may be removed only
for inability to discharge the functions of his office (whether
arising from infirmity of mind or body or any other cause) or
for misbehaviour.
(7) If the office of a member of the Public Service Commission
is vacant or if a member is for any reason unable to perform
the functions of his office, the President, acting in accordance
with the advice of the Prime Minister, given after he has
consulted the Leader of the Opposition, may appoint a person
who is qualified to be appointed to be a member to be a
temporary member of the Commission; and any person so
appointed shall, subject to the provisions of subsections (5)
and (6) of this section, cease to be such a member when a
person has been appointed to fill the vacancy or, as the case
may be, when the member who was unable to perform the
functions of his office resumes those functions.
Section 110 [Prime Ministers Power to Appoint Officials]
(1) Subject to the provisions of this Constitution, power to
make appointments to public offices and to remove and to
exercise disciplinary control over persons holding or acting in
any such offices shall vest in the Prime Minister acting on the
recommendation of the Public Service Commission:
Provided that the Prime Minister may, acting on the
recommendation of the Public Service Commission, delegate in
writing, subject to such conditions as may be specified in the
instrument of delegation, any of the powers referred to in this
subsection to such public officer or other authority as may be
specified in that instrument.
(2) A delegation of a power under this section --
(a) shall be without prejudice to the exercise of that power by
the Prime Minister acting on the recommendation of the Public
Service Commission;
(b) may authorise the public officer or other authority
concerned to exercise that power either with or without
reference to the Public Service Commission; and
(c) in respect of recruitment to public offices from outside the
public service, shall unless such recruitment is made after a
public examination advertised in the Gazette, be exercised only
through an employment service provided out of public funds
which ensures that no distinction, exclusion or preference is
made or given in favour or against any person by reason of his
political opinion and which provides opportunity for
employment solely in the best interests of the public service and
of the nation generally.
(3) (a) An appeal shall lie to the Prime Minister acting in
accordance with the recommendation of the Public Service
Commission, from any decision of a public officer or authority
to remove any person from a public office in exercise of power
delegated under subsection (1) of this section:
Provided that such right of appeal shall be without prejudice to
any such other right of appeal as may be provided under section
121(1) of this Constitution in respect of the exercise of any
other power delegated under subsection (1) of this section.
(b) A right of appeal under this section shall be exercised in
accordance with such provision relating to procedure as may be
prescribed by the Public Service Commission under section
121(1) of this Constitution:
Provided that any procedure so prescribed shall be the same for
all classes of public officers.
(c) Where an appeal is brought under paragraph (b) of this
subsection by any public officer he shall, upon the consideration
of the appeal by the Public Service Commission, have the right
to be heard by the Commission in person and to be assisted by
a representative of any trade union to which he belongs.
(4) No person shall be appointed under this section to or to act
in any office on the personal staff of the President except with
the approval of the President.
(5) The provisions of this section shall not apply in relation to
--
(a) the offices referred to in sections 91, 92 (other than
subsection (4) thereof), 94. 95(6), 100, 108 and 111 of this
Constitution; or
(b) appointments to act in any public office for two months or
less in so far as the recommendation of the Public Service
Commission is required for any such appointment; or
(c) appointments to the offices referred to in section 92(4) and
appointments on transfer to and from the offices referred to in
section 112 of this Constitution.
(6) Recruitment for employment with any body established by
the Constitution or by or under any other law or with any
partnership or other body in which the Government of Malta,
or any such body as aforesaid, have a controlling interest or
over which they have effective control shall, unless such
recruitment is made after a public examination duly advertised,
be made through an employment service as provided in
subsection (2) of this section.
Section 111 [Presidents Power to Appoint Officials]
(1) Power to appoint persons to hold or act in the offices to
which this section applies and to remove persons so
representatives appointed from any such office shall vest in the
President, of Malta abroad acting in accordance with the advice
of the Prime Minister:
Provided that in respect of any person selected for appointment
from the public service the Prime Minister shall before giving
his advice under the provisions of this section consult with the
Public Service Commission and, on being removed from the
office to which he has been appointed under the provisions of
this section, the person so appointed shall revert to the rank
which he held in the public service immediately before such
appointment.
(2) The offices to which this section applies are the offices of
any Ambassador, High Commissioner or other principal
representative of Malta in any other country.
Section 112 [Other Power to Appoint Officials]
(1) Power to make appointments on transfer to and from the
offices to which this section applies shall vest in on transfer the
Prime Minister acting after consultation with the Public Service
Commission:
Provided that the person appointed to any such office under the
provisions of this section shall on being transferred from that
office, revert to the rank which he held in the public service
immediately before his appointment to that office.
(2) The offices to which this section applies are --
(a) offices the holders of which are required to reside outside
Malta for the proper discharge of their functions; and
(b) such offices in the Ministry responsible for the external
affairs of Malta as may, from time to time, be designated by
the Prime Minister.
Section 113 [Benefits Law]
(1) Subject to the provisions of section 114 of this Constitution,
the law applicable to any benefits to which this section applies
shall, in relation to any person who has been granted, or who is
eligible for the grant of such benefits, be that in force on the
relevant date or any later law that is not less favourable to that
person.
(2) In this section, "the relevant date" means --
(a) in relation to any benefits granted before the appointed day,
the date on which those benefits were granted;
(b) in relation to any benefits granted or to be granted on or
after the appointed day to or in respect of any person who was
a public officer before that date, the day before the appointed
day; and
(c) in relation to any benefits granted or to be granted to or in
respect of any person who becomes a public officer on or after
the appointed day, the date on which he becomes a public
officer.
(3) Where a person is entitled to exercise an option as to which
of two or more laws shall apply in his case,- the law for which
he opts shall, for the purposes of this section, be deemed to be
more favourable to him than the other law or laws.
(4) Any benefit to which this section applies (not being a benefit
that is a charge upon some other public fund of Malta) shall be
a charge upon the Consolidated Fund.
(5) This section applies to any benefits payable under any law
providing for the grant of pensions, gratuities or compensation
to persons who are or have been public officers in respect of
their service in the public service or to the widows, children,
dependents or personal representatives of such persons in
respect of such service.
(6) References to the law applicable to any benefits to which
this section applies include (without prejudice to their
generality) references to any law relating to the time at which
and the manner in which any person may retire in order to
become eligible for those benefits.
(7) Nothing contained in or done under the authority of any law
shall be held to be inconsistent with or in contravention of this
section to the extent that the law in question makes provision
whereby any benefits to which this section applies are or may
be reduced or withheld --
(a) until the person eligible therefor reaches the age of sixty
years, or such lower age as may be determined by or under a
law, if such person is in receipt of any income to which this
subsection applies and such provision is made in order that any
such income together with any uncommuted benefits aforesaid
do not in the aggregate exceed such amount as may be
determined by, under or in accordance with any law, being an
amount not less than the salary from time to time payable in
respect of the post held by such person on retirement, taking
account only, if such salary is incremental, of the corresponding
increments earned prior to retirement; or
(b) in order to ensure compliance with any legal requirements
relating to any of the purposes of paragraph (a) of this
subsection; or
(c) if the person eligible therefor ceases to be a citizen of
Malta.
(8) The income to which subsection (7) of this section applies is
any remuneration in respect of, or other income deriving from,
any employment, work, service, office, trade, business,
profession or vocation, or from any pension, allowance,
gratuity or similar payment in respect of any such employment
or other source of income.
Section 114 [Reduction by Public Service Commission]
(1) Where any benefits to which this section applies can be
withheld, reduced in amount or suspended by any person or
authority under any law those benefits shall not be so withheld,
reduced in amount or suspended without the concurrence of the
Public Service Commission, unless such benefits are reduced or
withheld in accordance with any law referred to in
subsection (7) of section 113 of this Constitution.
(2) The Public Service Commission shall not concur under
subsection (1) of this section in action taken on the ground that
any person who holds or has held any of the offices referred to
in sections 91, 95(6), 100 and 108 of this Constitution has been
guilty of misbehaviour unless he has been removed from office
by reason of such misbehaviour.
(3) This section applies to any benefits payable under any law
providing for the grant of pensions, gratuities or compensation
to persons who are or have been public officers in respect of
their service in the public service or to the widows, children,
dependents or personal representatives of such persons in
respect of such service.
Section 115 [No Liability of Public Service Commission]
The question whether --
(a) the Public Service Commission has validly performed any
function vested in it by or under this Constitution;
(b) any member of the Public Service Commission or any
public officer or other authority has validly performed any
function delegated to such member, public officer or authority
in pursuance of the provisions of subsection (1) of section 110
of this Constitution; or
(c) any member of the Public Service Commission or any
public officer or other authority has validly performed any other
function in relation to the work of the Commission or in
relation to any such function as is referred to in the preceding
paragraph,
shall not be enquired into in any court.
Section 116 [Individual Complaint Against Invalid Laws]
A right of action
Section 117 [Unlawful Associations]
(1) It shall be unlawful to establish, maintain or belong to any
association of persons who are organised and trained or
organised and equipped for the purpose of enabling them to be
employed for the use or display of physical force in promoting
any political object.
(2) The provisions of this section shall be enforced in such
manner as may be provided by Parliament.
Section 118 [Broadcasting Authority]
(1) There shall be a Broadcasting Authority for Malta which
shall consist of a chairman and such number of other members
not being less than four as may be prescribed by any law for
the time being in force in Malta.
(2) The members of the Broadcasting Authority shall be
appointed by the President, acting in accordance with the advice
of the Prime Minister given after he has consulted the Leader of
the Opposition.
(3) A person shall not be qualified to hold office as a member
of the Broadcasting Authority if he is a Minister, a
Parliamentary Secretary, a member of, or candidate for election
to, the House of Representatives, a member of a local
government authority or if he is a public officer.
(4) A member of the Broadcasting Authority shall not, within a
period of three years commencing with the day on which he last
held office or acted as a member, be eligible for appointment to
or to act in any public office.
(5) Subject to the provisions of this section, the office of a
member of the Broadcasting Authority shall become vacant --
(a) at the expiration of five years from the date of his
appointment or at such earlier time as may be specified in the
instrument by which he was appointed; or
(b) if any circumstances arise that, if he were not a member of
the Authority, would cause him to be disqualified for
appointment as such.
(6) A member of the Broadcasting Authority may be removed
from office by the President, acting in accordance with the
advice of the Prime Minister, but he may be removed only for
inability to discharge the functions of his office (whether arising
from infirmity of mind or body or any other cause) or for
misbehaviour.
(7) If the office of a member of the Broadcasting Authority is
vacant or if a member is for any reason unable to perform the
functions of his office, the President, acting in accordance with
the advice of the Prime Minister, given after he has consulted
the Leader of the Opposition, may appoint a person who is
qualified to be appointed to be a member to be a temporary
member of the Authority; and any person so appointed shall,
subject to the provisions of subsections (5) and (6) of this
section, cease to be such a member when a person has been
appointed to fill the vacancy or, as the case may be, when the
member who was unable to perform the functions of his office
resumes those functions.
(8) In the exercise of its functions under section 119(1) of this
Constitution the Broadcasting Authority shall not be subject to
the direction or control of any other person or authority.
Section 119 [Functions of Broadcasting Authority]
(1) It shall be the function of the Broadcasting Authority to
ensure that, so far as possible, in such sound and television
broadcasting services as may be provided in Malta, due
impartiality is preserved in respect of matters of political or
industrial controversy or relating to current public policy and
that broadcasting facilities and time are fairly apportioned
between persons belonging to different political parties.
(2) The function of the Broadcasting Authority referred to in
subsection (1) of this section shall be without prejudice to such
other functions and duties as may be conferred upon it by any
law for the time being in force in Malta.
Section 120 [Employment Commission]
(1) There shall be an Employment Commission for Malta which
shall consist of a chairman and four other members.
(2) The members of the Employment Commission shall be
appointed by the President who, in appointing the chairman
shall act in accordance with the advice of the Prime Minister
given after he has consulted the Leader of the Opposition, in
appointing two of the four other members shall act in
accordance with the advice of the Prime Minister, and in
appointing the other two members shall act in accordance with
the advice of the Leader of the Opposition.
(3) A person shall not be qualified to hold office as a member
of the Employment Commission if he is a Minister, a
Parliamentary Secretary, a member of, or a candidate for
election to, the House of Representatives, a member of a local
government authority, or if he is a public officer.
(4) A member of the Employment Commission shall not, within
a period of three years commencing with the day on which he
last held office or acted as a member, be eligible for
appointment to or to act in any public office.
(5) Subject to the provisions of this section, the office of a
member of the Employment Commission shall become vacant --
(a) at the expiration of three years from the date of his
appointment; or
(b) if any circumstances arise that, if he were not a member of
the Commission, would cause him to be disqualified for
appointment as such.
(6) A member of the Employment Commission may be removed
from office by the President, acting in accordance with the
advice of the holder of the office on whose advice such member
was appointed, given, where applicable, as provided in
subsection (2) of this section, but such member may be
removed only for inability to discharge the functions of his
office (whether arising from infirmity of mind or body or any
other cause) or for misbehaviour.
(7) If the office of a member of the Employment Commission is
vacant or if a member is for any reason unable to perform the
functions of his office, the President, acting in accordance with
the advice of the holder of the office on whose advice such
member was appointed, given, where applicable, as provided in
subsection (2) of this section, may appoint a person who is
qualified to be appointed to be a member to be a temporary
member of the Commission; and any person so appointed shall,
subject to the provisions of subsections (5) and (6) of this
section, cease to be such a member when a person has been
appointed to fill the vacancy or, as the case may be, when the
member who was unable to perform the functions of his office
resumes those functions.
(8) It shall be the function of the Employment Commission to
ensure that, in respect of employment, no distinction, exclusion
or preference that is not justifiable in a democratic society is
made or given in favour or against any person by reason of his
political opinions.
(9) Any person who alleges that any distinction, exclusion or
preference as aforesaid has been made or given to his prejudice
may apply to the Employment Commission, in such manner and
within such time as may be prescribed, for redress.
(10) Parliament shall make provision conferring upon the
Employment Commission such powers as are necessary or
desirable for the purpose of enabling the Commission
;effectively to afford adequate redress and generally to carry out
its function under this Constitution.
Section 121 [Other Commissions]
(1) Any Commission established by this Constitution may, with
the consent of the Prime Minister or such other Minister as may
be authorised in that behalf by the Prime Minister by regulation
or otherwise regulate its own procedure and confer powers and
impose duties on any public officer or authority of the
Government of Malta for the purpose of the discharge of its
functions.
(2) Any Commission established by this Constitution may act
notwithstanding any vacancy in its membership or the absence
of any member and any proceedings thereof shall be valid
notwithstanding that some person who was not entitled so to do
took part therein.
(3) Any question proposed for decision at any meeting of any
Commission established by this Constitution shall be determined
by a majority of the votes of all the members thereof, and if on
any such question the votes are equally divided the member
presiding shall have and exercise a casting vote.
(4) For the purposes of subsection (3) of this section, the
references to a member of the Electoral Commission shall be
construed as including a reference to the Chairman of that
Commission.
(5) The provisions of this section shall apply to the
Broadcasting Authority established by this Constitution.
Section 122 [Right to Resignation]
(1) Any person who is appointed, elected or otherwise selected
to any office established by this Constitution (including the
office of the Prime Minister or other Minister or Parliamentary
Secretary) may resign from that office by writing under his
hand addressed to the person or authority by whom he was
appointed, elected or selected.
(2) The resignation of any person from any such office as
aforesaid shall take effect when the writing signifying the
resignation is received by the person or authority to whom it is
addressed or by any person authorised by that person or
authority to receive it.
Section 123 [Re-Appointment]
(1) Where any person has vacated any office established by this
Constitution including the office of Prime Minister or other
Minister or Parliamentary Secretary, he may, if qualified, again
be appointed, elected or otherwise selected to hold that office in
accordance with the provisions of this Constitution.
(2) Subsection (1) of this section shall not apply to the office of
President, but shall apply to a person appointed to perform the
functions of President in accordance with section 49 of the
Constitution.
(3) Where by this Constitution a power is conferred upon any
person or authority to make any appointment to any public
office, a person may be appointed to that office notwithstanding
that some other person may be holding that office, when that
other person is on leave of absence pending relinquishment of
the office; and where two or more persons are holding- the
same office by reason of an appointment made in pursuance of
this subsection, then for the purposes of any function conferred
upon the holder of that office the person last appointed shall be
deemed to be the sole holder of the office.
Section 124 [Definitions]
(1) In this Constitution, unless the context otherwise requires --
"Act of Parliament" means any law made by Parliament;
"the appointed day" means 21st September 1964;
"the Cabinet" means the Cabinet established by section 79 of
this Constitution;
"the Commonwealth" means Malta, any country to which
section 28 of this Constitution applies and any dependency of
any such country;
"the Consolidated Fund" means the Consolidated Fund
established by section 102 of this Constitution;
"Constitutional Court" means the Constitutional Court
established by section 95 of this Constitution;
"financial year" means the period of twelve months ending on
the thirty-first day of December in any year or on such other
date as may be prescribed by Parliament;
"Gazette" means the Malta Government Gazette or any other
official journal substituted therefor published by order of the
Government of Malta;
"House" means the House of Representatives established by
section 51 of this Constitution;
"law" includes any instrument having the force of law and any
unwritten rule of law and "lawful" and "lawfully" shall be
construed accordingly;
"Malta" means the Island of Malta, the Island of Gozo and the
other island of the Maltese Archipelago, including the territorial
waters thereof;
"oath of allegiance" means the oath of allegiance set out in the
Third Schedule to this Constitution or such other oath as may
be prescribed by Parliament;
"Parliament" means the Parliament of Malta;
"public office" means an office of emolument in the public
service;
"public officer" means the holder of any public office or a
person appointed to act in any such office;
"the public service" means, subject to the provisions of
subsections (2) and (3) of this section, the service of the
Government of Malta in a civil capacity;
"session" means the sittings of the House of Representatives
beginning when it first meets after the commencement of this
Constitution or after the prorogation or dissolution of
Parliament at any time and terminating when Parliament is
prorogued or is dissolved without having been prorogued;
"sitting" means a period during which the House of
Representatives is sitting continuously without adjournment and
includes any period during which the House is in committee;
"the Speaker" and "Deputy Speaker" mean respectively the
Speaker and the l:)Deputy Speaker elected under section 59 of
this Constitution.
(2) In this Constitution, unless the context otherwise requires,
"the public service" includes service in the office of judge of
the Superior Courts, service in the office of magistrate of the
Inferior Courts and service in the office of a member of the
Malta Police Force.
(3) In this Constitution "the public service" does not include
service in the office of --
(i) Prime Minister or other Minister, a Parliamentary Secretary,
Speaker, Deputy Speaker, a member of the House of
Representatives, a member of a Commission established by this
Constitution;
(ii) save where the holder of the office is selected from the
public service, an Ambassador, High Commissioner or other
principal representative of Malta in any other country; or
(iii) save in so far may be prescribed by Parliament, a member
of any council, board, panel, committee or other similar body
established by or under any law.
(4) For the purposes of this Constitution a person shall not be
regarded as holding a public office by reason only of the feet
that he is in receipt of a pension or other like allowance in
respect of public service.
(5) In this Constitution, unless the context otherwise requires --
(a) a reference to an appointment to any office shall be
construed as including a reference to an appointment on
promotion or transfer to that office and to the appointment of a
person to perform the functions of that office during any period
during which it is vacant or during which the holder thereof is
on vacation or unable (whether by reason of absence or
infirmity of body or mind or any other cause) to perform those
functions; and
(b) a reference to the holder of an office by the term
designating his office or by reference to the provision of this
Constitution establishing that office shall be construed as
including a reference to any person for the time being lawfully
performing the functions of that office.
(6) Where power is vested by this Constitution in any person or
authority to appoint any person to act in or perform the
functions of any office if the holder thereof is himself unable to
perform those functions, no such appointment shall be called in
question on the ground that the holder of the office was not
unable to perform those functions.
(7) References in this Constitution to the power to remove a
public officer from his office shall be construed as including
references to any power conferred by any law to require or
permit that officer to retire from the public service:
Provided that --
(a) nothing in this subsection shall be construed as conferring
on any person or authority power to require any person holding
any of the offices referred to in sections 91, 95(6), 100 or 108
of this Constitution to retire from the public service; and
(b) the provisions of this subsection shall not apply to any
power conferred by any law to permit a person to retire from
the public service where that person has requested permission to
retire from the public service on proved medical grounds.
(8) Any provision in this Constitution that vests in any person
or authority power to remove any public officer from his office
shall be without prejudice to the power of any person or
authority to abolish any office or to any law providing for the
compulsory retirement of public officers generally or any class
of public officers on attaining an age specified therein.
(9) Where any power is conferred by this Constitution to make
any proclamation, order, rules or regulations or to give any
directions or to make any designation, the power shall be
construed as including a power, exercisable in like manner, to
amend or revoke any such proclamation, order, rules,
regulations, directions or designation.
(10) No provision of this Constitution that any person or
authority shall not be subject to the direction or control of any
other person or authority in exercising any functions under this
Constitution shall be construed as precluding a court from
exercising jurisdiction in relation to any question whether that
person or authority has performed those functions in accordance
with this Constitution or any other law.
(11) Where a person is required by this Constitution to make an
oath he shall be permitted, if he so desires, to comply with that
requirement by making an affirmation.
(12) Any reference in this Constitution to a law made before the
commencement of this Constitution shall, unless the context
otherwise requires, be construed as a reference to that law as in
force immediately before the appointed day.
(13) Any reference in this Constitution to a law that amends or
replaces any other law shall be construed as including a
reference to a law that modifies, re-enacts with or without
amendment or modification, or makes different provisions in
lieu of that other law.
(14) Where Parliament has by law provided for the
interpretation of Acts of Parliament, the provisions of any such
law, even if expressed to apply to laws passed after the
commencement thereof, shall apply for the purposes of
interpreting this Constitution, and otherwise in relation thereto,
as they apply for the purpose of interpreting and otherwise in
relation to Acts of Parliament as if this Constitution were an
Act of Parliament passed after the commencement of any such
law as aforesaid:
Provided that, until such time as Parliament has made provision
as aforesaid, the law applicable for the interpretation of this
Constitution and otherwise in relation thereto shall be the law
which was applicable for that purpose on the appointed day.