ACT No. XV of 1987 AN ACTIo makt provision for the ~5rabli$hm~m and functions of a Commis.sion for the j"ves/igalion of artain injustices, and for purposes connected thtrewith.

I assen t .

PAUL XUEREB

(L. s .)

Acting President

19th AugusC 1987

ACT No. XV of 1987

AN ACTIo makt provision for the ~5rabli$hm~m and functions of a Commis.sion

for the j"ves/igalion of artain injustices, and for purposes connected

thtrewith.

BE IT ENCA TE D by the President. by and with the advice and COnsent

of tbe House of Representative. in this prcsem Parliament assembled. and

by the authority of the same. as follows:_

This Act may be cited as the Investi gation of Injustices Act.

(I)

1987. (2) Tbis Act ~hall COme into force On ,ueh date as the Minister

responsible for justice ma~' by !lOticc in the Gazette appoint. and different

dates may be so appointed for different provisions and different purposes of

this Act.

Tn 1his Act. unless the context otherwise requires-

""tion·· includes failure to act

"the Commission·· means the Commission for Investigation of

Injustices established under ""ction 3 of this Act;

··person aggneved·· means the perwn who claims to have sustained

such injustice as is mentioned in section 6(1) of this Act. and where such

perwn is dead. the heirs of such person;

"public officer·· has tbe same meaning as is assigned 10 it by seclion

124 of the Constitution of Malta;

"statutory I.>ody .. means any corporation Or other body corporate

by law.

~'tablished

( 1) There shall be a Commission, (0 be known as the Commission

for investigation of Injustices. which shall consist of a chai rman and two other

members, appointed by the Prim e Minister.

(2)

The chairman shall be a person who holds, or has held the

office of a judge or of a magistrate in Malta or who has praCliced U an

advocate in Malta for periods amounting in the aggregate to 1101 less than

twelve }'cars.

(3) A person 'hall not be qualified to hold office as a me mber of

the Commission if he is a Minister. a Parliamentary Secretary , a member of,

or a candidate for election to , Ibe House of Representatives, a member of a

local government authority or if he is a public officer other than a public

officer who is qualified 10 be appointed chairman of the Commission under

su~ction (2) of this section.

(4) Subject to the provisions of this section, th e office of a member

of the Commission shall become vacant-

(a)

at the e xpiration ohhree yeardrom the date of his appointment;

",

(b) if any circumstances arise Ihat, if he were not a member of th e

Commission, would cause him to be disqualified for appointment as such.

(5) A member of the Commission may be re moved from office by

the Prime Minister> but he may be removed only for inabi lity to d ischarge

the tunctions of his offi", (whether arising from infirmity of mind or body or

any other cause) or for misbe haviour .

(6) If the office of a member of the Commission is vacant or if a

member is for any reason unable to perform the functions of his office, the

Prime Minister may appoint a pcrson who is qualified to be appointed to be

a member to be a temporary me mber of the Commission , and any pcrson so

appointcd shall , subject to the provisions of su~ctions (4) and (5) o f this

section. cease to be such a member when a person has been appointed to fill

the vacancy or, as the case may be, whe n the membe r who was unable to

perform the fu!lctions of his office resumes those fU!lctions_

(7) Any member of the Commission may be challen8ed or shall

abstain in the same circumstances as a judge of the Sup<,:rior Courl$; and in

any such case the Prime Minister shall appoint a pcl'$On qualified for $UCh

appointment 10 be a member o f the Commission for the particular case or

cases in respect of which the member has been chaUengedor has abstained.

The Prim e Minister may, whenever the Commission so reque .. ",

appoint a person or designate a public officer to assist it in the conduct of

any of its investigations.

(I ) This Act applies to the Gove rnment, 10 ~ny statutory body and

to any partnership Or other body in which the G overnment or anyone or

mOre of Ihe said bodies aforesaid or any combination the reof has a controlling

imerest Or Over whkh it ha. effecti ve control \hereinafter in this A ct referred

to as "the persons to whom this Act applies~ .

(2) In this Act , reference to the Government includes a reference

to any Government department or other authorily o f the Governmenl, any

Minister or Parliamentary Secretary, any public o fficer and any memher of

or servant of an authority as aforesaid and reference 10 a statutory or other

body orto a partnenhip includes a rderence 10 any direclor. member, manager

or olher officer of such body or partnership or of its controlling body.

(3) This Act shall apply as aforesaid even where the persons to

whom it applies have acted in a<:cordance with recommendations recei.-ed or

after holding consultations according to law Or after observing other legal

requiremenls.

(I) TheOlmmissionshall have thepowcrto investigateanywrittcn ~. of lbe

complaint made by any person who claims to have sustained injustice in eom""...,.,.

consequence of any undue distincTion, exclusion or preference which has been

made or given to his prejudice, Or of any disability o r restriction to which he

has been SUbjected. by any action taken by any person to wlwm this Act

applie$, and in particular but without prejudice to the generality of the

foregoing, the Commission may investigate such a complainl in respect of

any of the following

(a) appointments of public officers;

(b)

appoi ntments of members, officers or employees of any such

body;

(cl recruitment for employment;

(d)

licences or permits required by law ;

(el

requisitions and allocations of premises under housing laws;

(I")

transfers of immovable property by way of sale or other title;

(g)

contracts for the supply of goods. services or facilities;

(h) any other matter which may be approved by resolution of the

House of Representatives.

(2) Notwithstanding the provisions of subsection (1) of this section,

the Commission may, if it considers it desirable so to do, decline to exercise

its power under this section in any case where ad«juatc means of redress for

the alleged injustice are or have been available 10 the complainant under any

other law

Provided that the Comm ission may conduct an inve$tigation if

satisfied that in the particular circumstances it is nol reasonable 10 expect the

complainant to resort or have resoned to such means of redress.

(I) Where the Olmmission proposes \0 conduct an investigation Proced.", in

pursuant to a complaint under Ihis Act . it shall afford 10 the principal officer ~ of

of the authority. department or body concerned, and to any person wllo is ,n_"pt.,., •.

alleged in the complaint to have taken or autlwrised the action complained

of, an opponunity to comment on any allegations contained in the complaint.

(2) E.'ery such investigation shaJJ be conducted in privale , but

except as aforesaid IIIe procedure for conducting an im'Cstigation shall be

such 3'S the Olmmission considers appropriate in the circumstances of the case ,

(3) Withoul prejudice 10 the generality of subsection (2) of this

section, the Commission may oblain infonnation from such persons and in

such manner, and make such inquiries as it thinks fil. and for this purpose

may require any officer of Ihe authority, department or body concerned to

furnish infonnation orproduce any documents relevant to the investigation,

(I) Th e Commi ssionshall have power. exercisable lhrough its~hair·

rnan _

(a) to summon witnesses;

(b) to administer a n 03th to any witnes, and to any person COn-

cerned in th e inquiry. and require them to gi~e evide""", ,

(2) Summonses for a((endance o f witnesses ma y be in the fonn!>Ct

out in the Schedule to thi' Act or in such Olher form as may be appropriale

to the ca"" and shall be signed by Ihechairm an or secrelary of the Commis·

sion,

(3) A summons ma y be served ei the r by hand Or by post. Whae

il is served by hand il shall be sufficie nl to prove servi~ by evidence that Ihe

summons was lefl wilh a person Over the age of 16 years at the pla~e of

residen~e or of business of the person summoned; and if served by post it

shall be sufficient to prove service by evidence that the summons was properly

addressed and postoo

(4) Any person summoned as aforesaid who refuses, or without

sufficien t ca u", fails. to allend at the time and place mentioned in Ih e sum·

mons. Or refu"",. withuut sufficient cause, to an~wer nr to an,wc r fully a nd

sa tisfactorily. 10 the best of his knowledge. and be lief all questions put 10 him

by Or with the concurrence of the Commission. Or refuses or fails. witho ut

sufficiem cause , to produce any document he waS req uired 10 produce by or

with the cOnCurrenCe of Ihe Commission shal l be li able on conviction to a

fine (mu/t(1) nOI exceeding five hundred Maltese liri or to imprisonment not

exceeding three month$, or to both fine and imprisonment

Provided thal. wilhoul prejudice 10 the generality of Ihe provisions

of paragraph (b) of subsection (I) of this section. nO person giving evidence

before the Commission ma y be compelled to answe r any Question Which tends

to expose him to any criminal prosecution. and every such person shall. in

respect of any evidence given by him before Ihe Commission be entitled to

the same privileges to which a wit ness giving e vidence before a court of law

is entilled ,

(5) No proceedings shall be commenced in respect of an)' offence

against Ihis section without the concurrence of the Al1om~ y General.

A com plaint made under this Act shall nol be enlertained -

( 1)

<a) in the case of a complai nt with respect 10 matte rs occurring

after Ihe coming imo force of this ACI. if the complaint is made after the

lapse of Ihree monlhs from the day on which the person aggrie ~ed fiT'S!

had knowledge of the ma11er complai ned of; and

(b) in the case of a complaint with respect to ma11eT! occurring

or

the coming into force of this A~1, if such matte rs

before Ihe dale

occurred more Ihan sixleen years prior to the said date Or if the complai nt

is made afler the lapse of six months from the said date

(2) Notwithstanding Ihe foregoing provisio ns of subsection (I) o f

thi s !CClion. Ihe Commission may conduct an investigat ion pursuant \0 •

complaim under Ibis ACI made aflcr the expiration of Ibe said Ihree montbs

or six monlhs. as the case may be, if il conSiders Ihal Ihere are special

cireumst;lnces Ihal justify such a coul'SC ,

HI. (1) The Commission shall send \0 Ihe Prime Min ister. at Ihe

earlie", opportunil y. a report of the result of Ihe inve<l igation: and where Ihe

Commission finds Ihal an injust ice has beeu committed or sustained the report

shall contaill recommelldatioll' as to the redress Ihal the Commission considers

appropriate in the circum'lallces,

(2) The Commis,io n shall also infonn the complainant . in writin g.

of the justificati'''' or o therwise of his compla in t ,

I I . (I) There shall be a Secretary to Ihe Commissioll who shaH be a

person appointed as such by the Prime Mini'ler or a public officer desigllaled

by the Prime MilliSler to perform the fUllctions of Secretary.

(2) The Commission shall also have such othe r staff as the Prime

Minister may deem necessary and apJX>int or designate as aforesaid ,

(1) Ghandu jk"n hemm Segre!arju lal-Kummis~joni li ghand·.jkun

persuna maluura fdik il-kariga mill-Prim Mi nislru jew uffitjal pubbliku

nomina! mill_Prim Minislru sabiex iwenaq il-funzjQnijiel ta' Segretarju .

(2) n-Kummissjoni gllandu jkollha wkoll dawk I-ufficjali I-ol'lra li

I-Prim Mini~tru jista - jqis mehliega u ~ jatltar jew jinnomina ki f imsemmi qabel.

Il. (1) Kull min jinhalar biex ikun. jew biex iservi bl'lala, chai,man

jew membru tal-Kummissjoni jew jinhalar jew jig; nominal biex jassisti lill_

Kum missjoni tah! I·artikolu 4 la' dan I·At!. ghandu, qabel ma jiel'lu dawk

id-dmirijiet. jiehu u jiffirma !urament fiI-fonna murij a fl-Iskeda li tinsab ma'

dan I-At!.

(2) Dak il·!uramcnt jista' jiuiel'led quddiem Kummissjonarju li

gl'landu s-setgha ~ jaghti Aurament u ghandu jig; de pozitat ghand ]· Avukat

Gen erali.

(I) Every person appointed to be . or to ",IVe as, chairman or

member of Ihe Comm i,~ioll or appointed or desigllated to assist Ihe Comm is-

sion under "'ction 4 of this Act . shall. before entering upon those duties.

take and subscril.>e an oalh in Ihe form sel out in the Schedule to thi, Act .

(2) Such oalh shall be takell before any commissioner for oat hs

and shall be deposited wi th the Anomey Ge lleraJ .

Information obtained b)' the members of the Commission. any per- Secrecy 04

SOn appointed under section 4 of this Act Or any other of its officers in Ihe inform""",_

course of. Or f"r the pu rpose of an investigation under this Act shall nOt be

disclosed except for the purposes of the in\'estigation and of any reJX>r1 to be

made thereon under this Act , or for the purpose of any pro.:cedings under

scction 8 of this Act. and the members of th e Commission and its officers

shall not be called upon to give evidencc in any proceedings. other than such

as aforesaid, of matters coming to their knowledge in th e course of an inves·

tigation under this Act

Any salary or e ~pensc payable in carrying this ACI into effect shall E>.PCMe> 01

be defrayed ou! of the Consolidaled Fund withouI any further appropria tion ad., ;ni"""i""

other Ihan Ihis Act ,

SC HE DULE

(Section 8)

A.

Summons to Witnesses

(T he in. estigation of Injustkes Act. 1987)

To A .B, (name of pefS(ln summoned and residenee)

You arc hereby summoned to appear before

at

(place) on

(date and time)

and to give evidence respecting

(t he maner of the inquiry).

Given under my hand this

day of

(Sigllature of Chainnan

or ot her memhc r)

A

(Section 12)

H. Form of oath to be taken by chairma n or member of Commission Or pcrson assisti ng

Commission.

i,

having bun appointed

to the ChairmanlMember ofJpenon assisting the Commission for investigation of Injustices

do swear/solemnly affirm that I will faithfully , fully. impartially and to the best of my ability

discharge the trust and perform the duties devolving upon me by virt ue of the said appointment.

So help me God.

Passed by the House of Representatives al Sitting No. 21 of the 121h August , 1987.

JIMM Y F AJl.RU01A

Speaker

P . MUSCAT TEJl.R16llE

ACling Clerk 10 the House of Repre5emativd.