President George Vella has been encouraged to take a more active role as guardian of the Constitution. However, he says there are no legal or constitutional grounds empowering him to take any measures “to solve the prevailing political situation”.
It needs to be recalled that in his inaugural address last April, Dr Vella said:
“We need to introduce anew a genuine respect towards our national symbols. Respect towards the Maltese flag, and everything it represents. Respect towards our national anthem. Respect towards our national language. Respect towards our history and cultural heritage. Respect towards our constitutional structures and our laws. Above all, respect for the supreme laws governing our country as embodied in the Constitution of Malta.
“These are the foundations of national unity.
“This unity can only be reinforced when there is consensus, when respect for each other is the order of the day and when no civil tensions and industrial disputes threaten our daily lives.”
Are not the “national symbols” the President spoke about at stake, directly or indirectly, one way or another? That is why many expect the President to act.
“In my capacity as President, one of my foremost duties will be that of guarantor of the Constitution, even if I should point out that our Constitution at no point mentions or describes specifically the duties linked to the Office of President of the Republic.
“My duty is to preserve the Constitution and see that it is respected. The same applies to our constitutional structures that are so necessary for the fulfilment of democracy and rule of law,” Dr Vella said.
The President surely need not have any constitutional powers to have a private word with the Prime Minister and convince him that both the national good and party interests demand that he leave forthwith. Yet this, given the incumbent’s political baggage, may be easier said than done. At the end of the day, both as an MP and as a Cabinet minister, Dr Vella had supported Joseph Muscat in drawing up the roadmap that has led to the present mess.
The Constitution provides for the appointment of the Prime Minister and for his possible removal in case of a vote of no confidence. But what happens if the incumbent were, say, to be arraigned on fraud charges and granted bail? He would, of course, be presumed innocent in the eyes of the law, and those around him might raise this point, as they often do, and decide the prime minister can remain in office unless he is found guilty by a court.
It is such situations, and what will happen post-Joseph Muscat, that the President must deal with immediately.
Waiting for the outcome of the constitutional convention is no answer because so many more plots, of whatever kind, could be concocted in the corridors of power by then.
To ensure the present situation is not perpetuated once Dr Muscat leaves, the President should already be sitting with the contenders for the premiership to ensure that good governance and the rule of law truly prevail. To do this, he would need to call on his full consitutional powers, his wisdom, experience and role of father-figure to the nation, and navigate carefully between them.
Dr Vella must do what the Constitution demands from him as its guardian, both in terms of the letter of the country’s supreme law and, more so, its spirit.