The owners of the building occupied by the De Paule Band Club in Paola insisted on Monday that a law which the government has proposed to enable the club to hold on to the property is illegal and immoral.

The owners recently won back repossession of the property in Paola Square at the end of a 20-year-long battle in the law courts.

"The government now intends to pass legislation effectively requisitioning these premises without providing adequate compensation," the owners said.

The bill proposes that the club would have to pay higher rent, but the owners said this would still not reflect the real rental value of the property. Furthermore, the band club would retain possession and they would be unable to enjoy their property.

The proposed legislation is intrinsically and fundamentally, legally, politically and morally incorrect as it rewards persons who breach the nation's own laws.

"The proposed legislation is intrinsically and fundamentally, legally, politically and morally incorrect as it rewards persons who breach the nation's own laws. It is also discriminatory as it singles out a section of society and through specific legislation, disadvantages only this section," the owners said. 

They said that they understood the government's concern about the contribution made by band clubs.

However, they could not understand, much less agree, that the should alone bear the cost of making these premises available to the club and to society.

"Since everyone seems to agree that the club contributes to the community, the community should pay for the premises at its current realistic market value."

The owners said the course of action envisaged in the Bill has been repeatedly condemned by the European Court of Human Rights.

Since everyone seems to agree that the club contributes to the community, the community should pay for the premises at its current realistic market value

"It is clearly unconstitutional and it makes a mockery of the judiciary and the rule of law.  It also supplants the judiciary's role through ad hoc instant legislation, making the country's laws which govern people's interaction  unpredictable, conflicting and irrisory."

Describing the proposed bill as a vote-catching one, the owners said they intend to ultimately seek redress.

However they said they are willing to sell the premises, at a fair price, and they would consider the band club as the preferred bidders, but they were not willing to forego the family heirloom.

They said they expected all Members of Parliament to realise that the way proposed by the Bill is not equitable, and is not in line with the rule of law. 

But should the Bill be approved by the House, they urged the President, as the guardian of the Constitution, to refuse to sign it. 

"Failing even that, the owners shall have to see what steps they should take within the law, to safeguard the family's property as is their constitutional right."

The statement was signed on behalf of the owners by Hugh Peralta, legal adviser. 

See the statement in full on pdf below.