An open letter to political party leaders

On Saturday, the people will be exercising their democratic and sovereign right of electing their government for the next five years. As leaders of your parties, you have in the past months outlined your respective visions for Malta's future, including, but not limited to, your visions as to Malta's relations with its direct neighbours.

The democratic processes of this country are governed by a Constitution that was obtained through the hard work of our forefathers. In its 40 years of existence, it has been amended a few times, particularly the provisions relating to the election of representatives of the people in parliament.

Most of the amendments were drafted in a partisan environment when the mindset behind the compromise could be seen as the continued existence of our two-party system while compensating for some quirked imbalance between majority of votes and parliamentary seats obtained. Little or no attention was given to the possibility of a multi-party system developing in the future.

One of the relevant constitutional provisions at election time is article 52 "Composition of the House of Representatives". This article begins by stating that the House of Representatives shall consist of those persons elected in equal proportions from the electoral divisions referred in article 56 of the Constitution.

Article 52(1) is followed by a proviso that outlines the scenarios that compensate for what were envisaged as being "quirky" results from the electorate. The first limb of the proviso (sub-paragraph (i)) contemplates the situation known to all, whereby one party gets a minority of seats and a majority of first count votes that amount to more than 50 per cent of the valid votes.

The second limb (subparagraph (ii)) contemplates the situation where more than two parties contest the election, but where only candidates from two of the contesting parties are elected and one of the two elected parties gets a greater number of votes than the other party with elected candidates (even if less than 50 per cent of valid votes).

In the event of these two situations, the proviso allows for the party garnering the majority of votes to have the number of seats in parliament it obtained compensated should this be necessary for it to have a majority of seats. This would obviously allow such a party to govern.

There is one important situation that is not catered for by these "compromise provisions". What I am referring to is a situation where all three parties contesting the elections elect candidates to the House of Representatives and none of these parties manages to obtain more than 50 per cent of the valid votes.

On the basis of the constitutional provision outlined above, it is clear that the compromise proviso could no longer be applicable since none of the scenarios contemplated therein come into play. Legally speaking, the situation is clear, article 52(1) will apply and no proviso-style adjustments will be deemed necessary. The President of Malta, under the powers given to him according to article 80, "shall appoint as Prime Minister the member of the House of Representatives who, in his judgement, is best able to command the support of the majority of the members of the House".

Clarity is required in order to allow conscious and democratic people to exercise their vote with a serene guarantee that all outcomes regulated by the Constitution will be respected by everyone involved.

The scenario I have outlined might result in a situation where one of the parties, having obtained a relative majority of votes (which however does not exceed the 50 per centum threshold), has obtained fewer seats in parliament than the other two parties combined - or even than one of the other two parties. In such a situation, the number of votes obtained would be relegated to secondary importance and a government would be formed on the basis of seats obtained.

I am sure that the people of Malta would feel greatly reassured by a common commitment on all sides to respect such an outcome, should it arise, and allow the country to proceed along its democratic, constitutional course.

I therefore appeal to you all to openly declare such a commitment clearly and without qualification. Our country, and our people, cannot afford continuous uncertainty as occurred following the results of the referendum on March 8.

It is in this way, away from our partisan mindset, that the political leaders of our society can show a serious commitment, not only to democratic governance but also to respect the people they serve under the constitutional charter that binds us all.