Fifty years ago, Malta transitioned from monarchy to republic, replacing the Queen of the United Kingdom with its first Maltese president. What many may not realise is that the transition was rooted in legal ingenuity and political strategy.

It was a move that did away with the need for a referendum, as was being requested by the then Nationalist opposition. They argued that, according to the 1964 Independence constitution that was still in force, the amendments to the constitution – that were needed for Malta to become a Republic – required a referendum.

But there was a loophole. 

At the time, former Labour minister Alex Sceberras Trigona was a freshly graduated lawyer who was very much aware of the loophole – which was taught to law students by Prof. Edwin Busuttil. But he took this a step further when he delved deeper into the subject for his LLD dissertation, which was brought to the attention of Prime Minister Dom Mintoff.

A young Alex Sceberras Trigona

The loophole came in the form of Section 6, known as the supremacy clause, which states that the constitution is supreme above other laws. However, unlike other sections of the constitution, it was not entrenched. This meant the section that made the constitution supreme could be changed by a simple majority of one vote. Entrenched sections needed a two-thirds majority. 

In simple terms, a legal loophole allowed the Labour government, led by Mintoff, to temporarily delete Section 6 of the 1964 constitution that rendered the constitution supreme and make the necessary amendments without any obstacles by making parliament supreme over the constitution.

The majority of MPs – 49 out of 55 – voted in favour of the changes that would make Malta a Republic. Once that was done, Section 6 was voted back in – and this time it was entrenched. 

“It was especially remarkable as this consensus was achieved to change so many constitutional clauses entrenched with a two-third majority – with a majority of only one parliamentary seat,” Sceberras Trigona told Times of Malta.

The Times of Malta front page of December 14, 1974, announcing that Malta had become a Republic.

The former Labour minister added that the manoeuvre contributed to sustaining the new republic’s birth based on “an extraordinary bipartisan national consensus” which the 1964 constitution lacked.“

This was the very first constitution ‘made by the Maltese for the Maltese’ as so aptly described by Mintoff,” he said.

Former Nationalist Minister and European Commissioner Tonio Borg, who was a teenager back then, explains that this manoeuvre also allowed for more leverage in negotiations. He explained that while there was political agreement on the changes to the constitution, the bone of contention was the mechanism used. 

The day Malta became a Republic: Prime Minister Dom Mintoff together with Deputy Prime Minister Anton Buttigieg, President Sir Anthony Mamo and Lorry Sant saluting the crowd from the President’s Palace in Valletta. Photo: National Archives of Malta

A source of pride

On December 13, 1974, Sir Antony Mamo became Malta’s first president. His son John recalls the day and the events leading up to it. 

“Discussions were held between a small number of leading members of both parties. These discussions were held at San Anton Palace. My father was then governor general…. although he was not officially a party to the discussion, he acted as facilitator, mentor or adviser to the party delegates when they felt the need for his guidance,” he told Times of Malta. 

He said Republic Day should serve as a reminder that on major issues of national importance, the two political parties can rise to the occasion, put their heads together and come up with optimal solutions. 

“Most of all they should put aside partisan pique in the greater interest of the nation. This is what happened in the run-up to December 13, 1974,” he said.

The first official photo of Sir Anthony and Lady Mamo at San Anton Palace in 1971.

The creation of the Republic of Malta was a source of pride to all Maltese citizens and had special significance for his family.

“My father’s appointment as the first Maltese president was a tremendous source of pride and love. Since my boyhood, my father had occupied important public positions… At a young age, I did not grasp the importance of that post.  I do remember very clearly though that we saw very little of daddy at home as he would return from work late at night, as the office also involved being an adviser to the prime minister and the government of the day.”

He recalls his father being an early riser and used to lecture criminal law to university students by 8am.

“The legendary Mamo Notes on criminal law written around 1946 have remained untouched till the present day and are the standard text for all students who followed the law course. The notes are also consistently referred to in cases before the Criminal Court.”

His father served as attorney general and was then elevated to the office of Chief Justice and president of the Constitutional Court. He also served as acting governor general when the incumbent was unable to perform his functions.

In 1971, he was unanimously appointed by the House of Representatives as first Maltese governor general, which served as further preparation when he became president of the Republic until his retirement in 1976.

The Republic Day monument in Marsa. File photo

“I do not remember any major constitutional issues arising during my father’s tenure of office as governor general or president, although his regular meetings with the political leaders would often involve advising and acting as an honest broker.

“One source of disappointment for my father is that in certain cases, where there was strong public sentiment, people expected him to intervene when the constitution did not permit him to do so, or literally precluded the president from intervening. I am not sure if there is a remedy to this very unjust criticism of the president which happens from time to time except further education of the public at large,” he said.

This subject was touched upon by Judge Giovanni Bonello, a constitutional expert, who back then was a 38-year-old lawyer specialising in human rights and constitutional law litigation. He believes that not much changed with the 1974 constitution.  

“In reality, virtually nothing really changed from the 1964 Independence constitution. The 1974 retouches were possible exclusively because of Independence. What ‘changed’ was that Elizabeth the First, Queen of Malta, who had absolutely zero powers, was replaced by presidents, who also act as if they have zero powers… All the small or large changes in governance were only the consequence of the revolutionary 1964 Independence. No independence, no republic.”