Court rejects Jorge Spiteri's bid to retain eNGO seat on Planning Board
Civil Court rules injunction cannot force PA to keep him in the post
A Civil Court decree has rejected architect Jorge Spiteri’s attempt to cling to the Planning Authority’s environmental NGO seat, confirming that such an injunction cannot be used to force the authority to keep him in the post.
The proceedings concerned Spiteri’s claim to continue serving as the member of the Planning Board representing eNGOs under article 63 of the Development Planning Act.
Spiteri asked the court to bar the PA from treating him as no longer a member of the Planning Board representing eNGOs and from stopping him in any way from attending, taking part in, or voting in his capacity as the eNGOs representative at board meetings.
The PA argued in court that Spiteri was “trying to compel the authority to do something, even though the function of such a warrant is precisely the opposite – to stop an act from being done”.
In court, the PA argued that Spiteri is disqualified as a public officer from sitting on the Planning Board and that he had not been directly nominated by environmental NGOs, echoing concerns first raised by eight NGOs when his appointment was announced in July.
The eNGOS had subsequently voted for another representative to be appointed.
The Court agreed with the arguments of the Planning Authority and underlined that a prohibitory injunction is a negative measure intended to prevent specific unlawful acts, and cannot be used to obtain what would in substance be a positive or mandatory order regulating how a public authority should act.
As a result, the Court rejected Spiteri’s demand for the issue of a prohibitory injunction and ordered him to pay all costs.
In a statement reacting to the decree, the PA reiterated its commitment to “act at all times within the parameters of the law and to ensure that the appointment of all Board members, including those representing environmental NGOs, respects the statutory framework.”