The future of Adrian Delia as opposition leader continues to hang in the balance and is inching closer to the constitutional court, with dissenting PN MPs expressing frustration at the lack of a decision on the matter by President George Vella.

One MP told Times of Malta: “Irrespective of the outcome, it is disgraceful on the president’s part to leave the country waiting for three days”.

Several PN MPs said they would have expected a quicker decision from the president.

Vella held one-to-one meetings with all opposition MPs on Friday and concluded that two-thirds of them did not have confidence in Delia as opposition leader.

During their meetings, the MPs proposed Therese Comodini Cachia as Delia’s replacement. The president, in fact, received advice from unnamed constitutional experts over whether he can strip Delia of his position as leader of the opposition in parliament.

As the country stood still awaiting a decision which would seal Delia’s fate and that of the PN, Delia did not make any public appearance yesterday, he did not give his usual Sunday morning interview and the PN issued no statements.

Instead, it was the 19 members of the PN parliamentary group who voted against the party leader in a confidence vote last week who issued two statements, including one in reply to a speech by Prime Minister Robert Abela.

The dissident MPs and the party’s two MEPs insisted that their decisions were always taken in the interests of members, the party and the country.

Despite losing a vote of confidence last Tuesday, Delia is refusing to resign, insisting he had to respect the will of the party members who elected him.

While internal pressure is mounting from the pro-Delia camp to expel the MPs who want a change in leader, the 19 dissidents said they would continue to work to strengthen the Nationalist Party and make it a strong opposition.

They said thousands of people expressed new hope for the party led by a person who would truly represent the principles and values which, during the years the country was administered by the PN, made it a democratic, modern and European country.

Some MPs also claimed they were receiving messages of support from pro-Delia camp.

The Nationalist Party headquarters was closed yesterday and PN leader Adrian Delia, inset, was nowhere to be seen. Photos: Matthew Mirabelli

The Constitution cannot solve a conflict by creating the same conflict or worse still a new one

The 19 members said they were seeing, hearing and feeling the sense of worry among members on the party’s situation.

The developments in the past days showed how the electorate which always supported the PN was eager for a “necessary change” for the country to have an opposition led by a person who had integrity, was serious, honest and credible and supported the national and party interests before his or her own.

They insisted they will not lose heart in front of the challenges ahead and would continue to do their utmost within the party structures, parliament and directly with the electorate. They said they were giving “a message of courage” to those who always supported the PN and to the Maltese and Gozitans of goodwill.

“That which is right will prevail,” they said.

In reply to Abela’s speech, the group said he had no interest in changing Delia as his political adversary because he stood to gain with him at the helm of the PN.

They said they had full confidence that the mechanism provided by the Constitution would lead to the appointment of Comodini Cachia as opposition leader in line with their unanimous decision.

But this mechanism does not seem completely clear to all parties involved.

According to the Constitution, it is the country’s president who appoints the leader of the opposition from the party in opposition whose numerical strength in  the  House  of  Representatives  is  greater than  the  strength  of  any  other  opposition  party.

According to article 90 (2), the person appointed must be the party’s leader.

However, article 4 states that the president has the power to revoke the appointment of the leader of the opposition if he has ceased to command the support of the largest single group of members in opposition to the government.

Some constitutional experts believe the law is clear but other lawyers, among them former PN general secretary Paul Borg Olivier, admits that the article in question is not that clear.

“The drafting of this section is rather poor, fudged and does not give a clear answer, [but] one has to read and interpret it in the spirit for which this section of the Constitution was intended to protect: the protection of the post of leader of the opposition in a functioning legislature, who must always enjoy the support of the largest group in opposition as a means to the checks and balance.

“The constitution cannot solve a conflict by creating the same conflict or worse still a new one,” Borg Olivier wrote in a Facebook post.

MPs who spoke to Times of Malta yesterday believed the matter is inching closer to the constitutional court for a ruling on whether the opposition leader must be the leader of the party or whether the party leader and the opposition leader could be two different MPs.