A group of jewellers and other owners of shops within the footprint of St John's Co-Cathedral in Valletta, argued in court on Monday that the Land Authority could not order their eviction until the long-running issue of who actually owns the properties is settled.

The owners, who mostly operate jewellery shops on St Lucia Street, are contesting the authority's order before the Administrative Review Tribunal, presided by Magistrate Charmaine Galea.

The issue of the ownership of St John's Co-Cathedral dates back to the occupation of Malta by the French in 1798. The Co-Cathedral was the conventual church of the Order of St John. It was taken over by the French forces and, upon their surrender two years later, handed to the British colonial government. However, before his departure from Malta on June 16, 1798, Napoleon wrote to Bishop Labini making the church available to the Bishop of Malta for use as a concalpedare, translated as Co-Cathedral. 

Called as a witness, Hendrick Magro, a lawyer for the Land Authority, said the authority had acted within its powers as administrator of the properties.

He explained that an agreement between the Church and State in 2001 set up the St John’s Co-Cathedral Foundation to administer the Valletta property. However, the foundation always turned to the authority to handle administration, collecting rents due and handing over those payments to the foundation. This meant there were three separate juridical entities at play: the Church, the authority and the foundation.

It was put to the witness, however, that the crucial and long-contested question as to who owned the property remained unanswered.

“That’s irrelevant,” replied Magro, arguing that once the authority had a right to administer the properties, the issue stopped there.

A lawyer for the tenants, Edward Debono, insisted it was only the owner who could proceed for eviction. Since the issue had been declared “unprejudiced” in the 2001 agreement – and hence unresolved – the authority had no right to issue those eviction notices.

Magro replied that the authority had acted to evict the tenants in its role as administrator. As for the payment of rents, prior to the 2001 agreement they were collected by the government. Following the agreement they were collected by the authority to be handed over to the foundation. The foundation had also requested the authority to order the removal of air conditioning units at the properties in question, Magro said.

Such action was always taken by the authority and this was something acknowledged by the tenants themselves.

“Collecting money for someone does not make you the owner,” Debono argued back.  Once the 2001 agreement had provided that the long-standing issue of ownership was to remain “unprejudiced”, then it was still not determined whether the property belonged to the State or the Church. That issue should be determined first.

The case continues next week.

Lawyers Edward Debono, Antoine Cremona and Chiara Frendo are assisting the appellants. Lawyer Ramona Attard is assisting the Lands Authority.