Borg urges chief justice anti-deadlock mechanism, gov to table bill on Monday

Updated 4.30pm

Robert Abela said on Saturday that the government will be tabling a bill to launch an anti-deadlock mechanism to resolve the ongoing chief justice impasse. 

The prime minister made the announcement soon after PN leader Alex Borg called for such a mechanism in a Facebook video.

Borg told social media followers that sitting chief justice, Mark Chetcuti, should remain in his post till that mechanism is agreed upon and a replacement is appointed, Borg said. 

The prime minister has repeatedly called for the introduction of an anti-deadlock mechanism. 

A chief justice needs the backing of two-thirds of parliament to be appointed to the post. In practice, that means that the two parliamentary parties- PL and PN need to agree on a single name. 

Over the last few weeks, Abela has proposed two names: Judges Consuelo Scerri Herrera and Myriam Hayman. 

The PN have shot down both proposals. 

In a video message on Saturday afternoon, Borg said the Nationalist Party had also proposed candidates for the role, but the government had not given its feedback on those names.

“Since we never received a reply on the names we proposed, I will put forward this proposal: that the sitting chief justice should remain in his post, also because he enjoys widespread approval. 

“At the same time, the issue of nominating the chief justice should be subject to new legislation that considers a form of anti-deadlock mechanism,” Borg said.

The specific way in which that mechanism works will need to be agreed upon by both sides of parliament, Borg said. 

“We will even put forward this proposal in our electoral programme,” he said. 

Abela first referred to such a mechanism the day after the PN voted down the government’s first nominee - Judge Consuelo Scerri Herrera. 

“We need to seriously discuss whether we should implement an anti-deadlock mechanism,” Abela told journalists in early February. 

He said this should apply not only to the appointment of the chief justice, but also to the appointment of the Auditor General, Deputy Auditor General and Ombudsman.

However, back then, Abela acknowledged that introducing an anti-deadlock mechanism could prove difficult, as such a change would itself require a two-thirds majority vote, since the provision is entrenched in the constitution.

On Friday, Abela said there was no rush to appoint a new chief justice. 

The requirement for a two-thirds majority vote, without an accompanying anti-deadlock mechanism to appoint the chief justice, was approved in 2020.

Government to table bill 

Reacting with a statement on Facebook, Abela recalled on Saturday that he had called for an anti-deadlock mechanism last month.

"Now that the leader of the opposition has changed his view and agrees with us, the government will, on Monday, table a bill to introduce this mechanism immediately.

"Thus, the appointment of the chief justice will not be prolonged, for the sake of the seriousness and integrity that this constitutional office deserves."

Justice minister reacts

Reacting to Borg's proposal, Justice Minister Jonathan Attard told Times of Malta that ensuring such appointments were made through a two‑thirds majority was "a noble step taken by a Labour Government". 

But no government should ever be held hostage by the opposition, regardless of who is in government and who is in opposition, he said.

"After failing his first test when it comes to these appointments, [Borg] has now come out in agreement with the anti‑deadlock mechanism proposal.

"With responsibility, this very week, I reaffirmed, once again, in a clear and categorical way that every constitutional post should include an anti‑deadlock mechanism. That is the genuine political maturity of this government," he added.