A group of boat owners and a failed bidder for the privatisation of the Gżira yacht marina have successfully obtained a warrant of prohibatory injunction stopping Transport Malta from concluding the privatisation deed. 

The boat owners, who are facing the prospect of losing their berths at the Gżira marina, are claiming irregularities in the tendering process. 

Berth Holders Ltd, a company forming part of the Island Group JV Consortium, and 16 boat owners resorted to court to stop Transport Malta from signing the deed with the winning bidder for the concession which would cover rehabilitation, operation and management of the marina.

The 25-year concession will cover 25,000 square metres, including a capitanerie in the garden and berthing along the quay.

The concession envisages a two-year period during which the operator would upgrade the area and install pontoons, after which fees can be raised according to a schedule set at the operator’s discretion.

At the time, Transport Malta had said that the winning bidder would have to accommodate the 54 boats berthed there.

The unsuccessful bidders had first submitted two requests for information (RFI) under the Freedom of Information Act, explain their suspicion of irregularities in the tender-awarding process. They wanted to obtain, from Transport Malta and the Contracts Department, a copy of the concession contract, if this had already been signed, and if not, an explanation for why this had been delayed.

The boat owners had also requested information regarding the technical specifications of the winning tender but they were referred tp the Contracts Department for information which never materialised. 

However, they recently became aware that the parameters of the tender had changed as another two pontoons had been added to the project. Had this been known beforehand, they said they would have been in a position to make a better offer than the one they actually did. 

The boat owners said they had also been informed by Transport Malta to remove their boats as the privatisation tender was due to be signed imminently. They, however, insisted that Transport Malta had no right to force their eviction since their berthing rights at the Ta’ Xbiex Yacht Marina were the subject of pending court proceedings in which they are claiming that there is a valid contractual relationship with the authority.

They therefore called on the court to stop TM from signing the contract and from removing their boats berthed at the Gżira marina. Mr Justice Noel Cuschieri temporarily upheld their application. 

Lawyers David Camilleri, Joseph Gatt and Lorna Mifsud Cachia are representing the boat owners.