Editorial: The best person for the job

The chief justice will have to relinquish office in less than a month when he reaches retirement age. And the people can only hope there is no repeat of what happened when the post of ombudsman and commissioner for standards in public life became vacant.

The incumbent, Mark Chetcuti turns 68 on February 4. The constitution lays down that a judge shall vacate his office on reaching 65 but the tenure can be extended by another three years.

The chief justice is appointed by the president after parliament approves the nomination through a resolution approved by at least two-thirds of all MPs. 

If such qualified majority is not secured, the outgoing chief justice remains in office until that happens.

President Myriam Spiteri Debono felt she should raise the matter of the new chief justice’s appointment in her Republic Day speech. 

She might have been sensing something or was privy to certain information. Or else, like many of us, she could still remember the lack of agreement between the two sides of parliament when it came to appoint the present ombudsman and standards commissioner.

The president spoke during an occasion where the country’s ‘top brass’ was present, which could indicate she wanted to hammer the point home.

“I hope for discerning discussions leading to agreement. Agreement is a sign of maturity and unity in the leadership of our country,” she told her distinguished audience.

Sadly, a month after the president’s appeal, the hope for “discerning discussions” are not known to have yielded any positive result. Times of Malta reported a few days ago talks between the government and the opposition had yet to start.

Ordinary citizens cannot be blamed if they consider such an attitude to indicate that the political leaders take sensitive appointments lightly. 

Which, of course, would be an insult to the people, especially those aware of the crucial role the chief justice has in the administration of the justice system.

This is not another ‘position of trust’ appointment where, more often than not, cronies are rewarded for their loyalty rather than ability. 

Most people have no other option but to stomach such instances, even if they are not happy about them at all. In the case of an office like that of the chief justice it is a different matter altogether.

It should neither be a case of you-scratch-my-back-and-I-scratch-yours, nor horse trading. 

The best person for the job must be found. Qualified people do exist, and a choice is possible. 

The president made the point too in her address: “Our country does not lack suitable and capable individuals who possess the essential qualities to serve the people in these roles – we do have persons on whom consensus can be reached.”

The best person for the job must be found. Qualified people do exist, and a choice is possible

In fact, she is certain agreement can be reached on the right person to fulfil the role without having to resort to the “saving provision” offered by the constitution, that of having the incumbent remain in office until the necessary majority in parliament is secured.

Soon after Alex Borg was elected Nationalist Party leader and was welcomed at the Labour Party headquarters by Robert Abela in September, they pledged mutual respect. 

Here is a golden opportunity to put that into action.

The two main political parties have just agreed to enshrine the national anthem day in the constitution. 

May they now deliberate constructively the choice of the next chief justice without unnecessary drama.