Marsaxlokk council deemed 'unjust' for denying water taxi operator an umbrella

The Marsaxlokk local council was found to have been “unjust” when it denied a water taxi operator, who cannot remain in direct sunlight due to a medical condition, the right to set up an umbrella on shore near his boat.

This was the conclusion of Ombudsman Joseph Zammit McKeon, who called on the council to allow Angel Joseph Caruana to operate his business safely and with the necessary shade.

Caruana, a boat trip operator in Marsaxlokk since 2017, had approached the ombudsman after being stopped from using his typical set-up: a table, signpost and umbrella – needed to sell tickets on land.

Although he had all the necessary permits from Transport Malta, in 2024 his set-up was removed, leaving him exposed to direct sunlight, which posed a health risk. Caruana had previously undergone brain surgery to remove a tumour and had medical certification advising that he avoid sun exposure.

Angel Joseph Caruana needs an umbrella to work safely.

The council argued that boat operators were “not organised” and frequently clashed, with signposts being placed haphazardly. Operators were instructed to place signage near their respective berths and pay for the use of government land, but many refused and placed signs on their boats instead. The council had been in discussions with Transport Malta for six years to formalise operations but said TM never provided a list of berth assignments – as there were disagreement over the rights to some berths.

As a result, the council did not issue permits for umbrellas, fearing it would set a precedent and create logistical conflicts, including disruptions to local fishermen and the Sunday market.

“This decision brings me immense stability and security, a welcome change after fearing for my job due to my medical conditions,” Caruana told Times of Malta.

“I hope my experience inspires others facing injustice to never lose heart and to fiercely advocate for their rights."

The Commission for the Rights of Persons with Disability also became involved, informing the council that Caruana had undergone brain surgery and required protection from the sun. Despite this, the council continued to delay, claiming it needed direction from Transport Malta and even questioned how Caruana managed sun exposure while at sea.

The ombudsman called this line of questioning “unethical”, noting Caruana’s boat was shaded and that his medical condition was well-documented.

The water taxi full of tourists.

Eventually, the council announced plans to set up a centralised ticketing station for all operators.

However, in May, Caruana noticed other operators using umbrellas and inquired with the police, who said he would need a council permit.

When he approached the council with his berth permit from Transport Malta, he was told he had to pay a €3 daily fee to use the umbrella. Caruana argued this was unfair since others were not being charged.

The ombudsman found the council never justified the fee and confirmed Caruana’s case was legitimate: he had a medical condition, was a licensed operator and had complied with regulatory requirements.