It was up to the Prime Minister, Konrad Mizzi and Keith Schembri to decide whether the latter two should resign pending investigations into 17 Black, Environment Minister José Herrera told Times of Malta.

The police are investigating media reports that 17 Black is owned by Tumas Group CEO and Electrogas shareholder Yorgen Fenech.

According to leaked e-mails, two Panama companies set up Dr Mizzi, the Tourism Minister, and Mr Schembri, the Prime Minister’s top aide, had arrangements to receive payments of $2 million from 17 Black and another company, Macbridge, whose owner is not known.

Prime Minister Joseph Muscat has already fended off calls for Mr Schembri to step down, telling journalists it was 17 Black not his chief of staff that was being investigated.

Dr Herrera was asked whether he thought Mr Mizzi and Mr Schembri should resign their current posts.

There could not be a resignation with every allegation

He replied that “by far and large, important rule of law principles are applied properly” in Malta. The concept of separation of power between the judiciary, the executive and Parliament ensured a system of checks and balances.

Therefore, in case of any allegations, the judiciary pro-cess kicked off automatically and the necessary investigations took place, he said.

The decision of whether “a person, pending investigations, should resign or not, lies with that person himself and the Prime Minister,” Dr Herrera said, adding there could not be a resignation with every allegation.

“I believe the Prime Minister is being cautious and allowing State organs to act according to the rule of law principles.

“I agree with the way the Prime Minister is handling these sensitive issues,” Dr Herrera remarked.

Criticism on the state of rule of law in Malta was unsubstantiated, he added, otherwise the executive would be able to stop investigations by the judiciary or suspend a judge.