ACT No. VllI of 1997 AN ACT to make provision for the establishment of an independent Tribunal for the hearing of complaints of certain injustices occurring between 1987 and 1995. (provisionsofcode)

I assent.

(L.s.)

•

GUZE' CASSAR

Acting President

5th. May , 1997

ACT No. VllI of 1997

AN ACT to make provision for the establishment of an independent

Tribunal for the hearing of complaints of certain injustices

occurring between 1987 and 1995.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows

This Act may be cited as the Tribunal for the Investigation of

Injustices Act,1997, and shall come into force on such date as the Prime

Minister may by notice in the Gazette establish, and different dates

may be so established for different provisions and different purposes

thereof.

(Section 5)

PART A

The President

The House of Representatives

The Cabinet

•

The Judiciary

Any Tribunal constituted by or under any law

The Commission for the Administration of Justice

The Electoral Commission

The Malta Broadcasting Authority

The Employment Commission

The Permanent Commission against Corruption

The Commission for Investigation of Injustices

The Attorney General in the exercise of the powers referred to in subsection (3) of

section 91 of the Constitution

Any Counselor Legal Adviser to the Government acting in such a capacity

The Director of Audit in respect of the functions under subsections (4) and (5) of

section 108 of the Constitution

The Armed Forces of Malta except as provided in Part B hereof

The Security Services.

PARTB

The Public Service Commission

The Armed Forces of Malta in respect only of appointments, promotions, transfers,

pay and pension rights of officers and men of the Force.

PARTC

Matters not subject to Investigation.

1. Any matter certified ·by.the Prime Minister to affect the internal or external

security of Malta.

Action taken in matters certified by the Minister responsible for foreign affairs

2. to affect relations or dealings between the Government of Malta and any other

Government of Malta and any other Government or any international organisation of

States or Governments.

3. Action taken by the minister responsible for justice under the Extradition Act

(Cap. 276).

4. The commencement or conduct of cjvil or criminal proceedings before any

court of law or any tribunal in Malta, or of proceedings in respect of military offences

under the Malta Armed Forces Act (Cap. 220) or of proceedings before any international

court or tibunal.

5. The exercise of the power of the Prime minister under section 515 of the

Criminal Code (Cap. 9).

6. Any criminal investigation by the Police.

In this Act unless the context otherwise requires -

"the Tribunal" means the Tribunal for the Investigation of

Injustices established under section 3 of this Act;

"injustice" has the meaning assigned to it under section 6 of

this Act;

"person aggrieved" means an individual who claims to have

sustained such injustice as is mentioned in section 6 of this Act

but does not include a company or other commercial partnership

or an individual or other person claiming as a shareholder or

member of a company or other commercial partnership, or a group

or association which includes any such company or other

commercial partnership;

"public officer" has the same meaning assigned to it by section

124 of the Constitution;

"statutory body" means any corporation or other body

corporate established by law and includes any partnership or body

in which the Government or anyone or more of the said bodies

aforesaid or any combination thereof has a controlling interest or

had a controlIing interest between the 9th May, 1987 and the 15th

May, 1995 or over which the Government or anyone or more of

the said bodies or a combination thereof has effective control or

had effective control between the 9th May, 1987 and the 15th May,

1995.

PARTC

(Section 7)

Matters not subject to Investigation.

A. Application for complaint

1. Any matter certified by ,the Prime Minister to affect the internal or external

In the Tribunal for the Investigation of Injustices

security of Malta.

2. Action taken in matters certified by the Minister responsible for foreign affairs

AB

to affect relations or dealings between the Government of Malta and any other

(complainant) .

Government of Malta and any other Government or any international organisation of

States or Governments.

versus

3. Action taken by the minister responsible for justice under the Extradition Act

CD

(Cap. 276).

(respondent)

4. The commencement or conduct of civil or criminal proceedings before any

Application of AB

court of law or any tribunal in Malta, or of proceedings in respect of military offences

Respectfully states

under the Malta Armed Forces Act (Cap. 220) or of proceedings before any international

That the

between the 9th May 1987 and th e 15th May, 1995 and more precisely on

or around

court or tibunal.

.............................. ( state date) he suffered injustice in that h

~hi~h· h~~· b~~~· ~~d~·~; ~;~~~~~e ~~e th~ ~~due distinctio~, exclusion or prefe~

5. The exercise of the power of the Prime minister under section 515 of the

restriction to which he has been SUbjeC~~~U Ice of complamant or the disability or

Criminal Code (Cap. 9).

6. Any criminal investigation by the police.

. ' That

the of

facts

ofthe case were brief! y as follow s ................................. (state

.

bnef!y

facts

case).

'. That list

he which

intends shows

to produce

with in sup po rt 0 f h· IS c.omplamt

. the witnesses shown in the

aftached

intends to prove by his testimo:;~pect to each wItness the facts that the complainant

The applicant therefore humbl

..

.

~ requests thIS Tnbunal to hear and detennine this

complaint in accordance with

and to grant me redress by or~:~!nbunal for the Investigation oflnjustices Act, 1997

..... : ............ : ...............

ofredress possible), or where suc~ ~~&

(state here form

compensation to me in the sum of

ess Is ,not possIble to order the payment of

may not exceed Lm5000).

. ...................................... (state sum which

Signature of complainant

or person on his behalf

Address of complainant.

Address of respondent.

Suppliment tal-Gazzetta tal-Gvern ta' Malta, Nru. 16,459, 23 ta' Mejju, 1997

TaqsimaA

(Section 8)

B. Summons to Witness

The Tribunal for the Investigation ofInjustices Act, 1997

To A.B. (name of person summoned and his address)

You are hereby summoned to appear before the above Tribunal at

(place)

on (date and time)

and to give evidence respecting

(the matter of the inquiry).

day of

of the year

Given under my hand this

(Signature of Registrar).

MALTA

Passed by the House of Representatives at Sitting No. 60 of the

30th April, 1997.

ATT Nru. IX ta' 1.1997

ACT No. IX of 1997

Myriam Spiteri Debono

Speaker

AN ACT enacted by the Parliament of

AIT mahrug b'ligi mill-Parlamentta' Malta.

Malta.

A.TT biex jemenda Diversi Ligijiet AN ACT to amend Various Financial

RICHARD J. CAUCIfl

Finanzjarji.

Laws.

Clerk to the House of Representatives.

Ippubblikat mid·Dipaniment ta'l-Infomm.zjoni - 3. Pjazza Kastilja - Published by the Department of Information - 3, Ca~iliUe Place

Mitbugh fl-I stamperija tal-Gvem - Printed at the Government Printing Pre:rs

(1) There shall be one or more Tribunals, each of which is Tribunal for

h T ·b una I " lor t h e In vesagatlOn

. . 0 f nJustices

l··

an d eac h oflnjustices.

to be known as ten

consisting of a president, appointed by the President of Malta acting on

the advice of the Prime Minister.

(2) The president shall be a person who holds, or has held

the office of a judge or of a magistrate in Malta or who has practised as

an advocate in Malta for periods amounting in the aggregate to not less

than twelve years; provided that an advocate appointed as president of

the Tribunal shall not be allowed the private practice of his profession.

(3) A person shall not be qualified to hold office as president

of the Tribunal:-

(a) if he is or has been a member of or a candidate for

election to the House of Representatives; or

if he is or has been a member of a local council.

(b)

(4) Subject to the provisions of this section, the office of

president of the Tribunal shall become vacant

(a) at the expiration of the tenn for which the Tribunal is

appointed;

(b) if any circumstances arise that, if he were not president

of the Tribunal would cause him to be disqualified for appointment

as such;

(c) in the case of a president who is a judge or magistrate

on his ceasing to be a judge or magistrate and in the case of a

president who is not a judge or magistrate if he resigns his office

by letter to the President of Malta.

(5) (a) The president of the Tribunal shall not be removed from

his office except by the President of Malta upon an address by the

House of Representatives supported by the votes of not less than

two-thirds of all the members thereof and praying for such removal

on the ground of proved inability to perfonn the functions of his

office (whether arising from infinnity of body or mind or any other

cause) or proved misbehaviour.

(b) The provisions of the Commission for the Administration

of Justice Act,1994 shall apply, mutatis mutandis, to a motion as

is referred to in paragraph (a) hereof as it applies to a motion under

subsection (2) of section 97 of the Constitution.

(6) If the office of president of the Tribunal is vacant or if,

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

President of Malta acting on the advice of the Prime Minister may

appoint a person who is qualified to be appointed president of the

Tribunal to be a temporary president of the Tribunal, and any person so

appointed shall, subject to the provisions of subsections (4) and (5) of

this section, cease to be such a president when a person has been

appointed to fill the vacancy or, as the case may be, when the president

who was unable to perform the functions of his office resumes those

functions.

(7) The president of the Tribunal may be challenged or shall

abstain in the same circumstances as a judge of he Superior Courts; and

in any such case the Registrar of the Tribunal shall assign that case to

another tribunal whenever such other tribunal is in office, so however

that where only one tribunal is in office or when abstentions or challenges

are raised in all the tribunals in office, the President of Malta acting on

the advice of the Prime Minister shall appoint a person qualified for

such appoivtment to be president of the Tribunal for the particular case

or cases in respect of which the president has been challenged or has

abstained.

(8) A person other than a judge or magistrate appointed as

president of the tribunal shall during the tenure of his office enjoy the

same salary, allowances and benefits of a judge of the superior courts.

(Artikolu 8)

(Artikolu 7)

B. Tahrika ta' Xhud

Att ta' 1-1997 dwar it-Tribunal ghall-Investigazzjoni ta' Ingustizzji

A. Rikors dwar ilment

Lil A.B. (isem iI-persuna mharrka u fejn toqghod)

Fit-Tribunal ghall-Investigazzjoni ta' Ingustizzji

Inti hawnhekk tinsab imharrek biex tidher quddiem it-Tribunal hawn

AB

imsemmi fi (post)

(persuna Ii taghmell-ilment)

fi (data u hin)

versus

u Ii tixhed dwar

CD

(il-kwistjoni ta' I-inkjesta).

(intimat)

Iffirmat minni 11um

ta'

tas-sena

Rikors ta' AB

Jesponi bir-rispett

(Firma tar-Registratur).

Illi bejn id-9 ta' Mejju, 1987 u 1-15 ta' Mejju, 1995, u b'mod iktar preCii fijew

ghall-habta ta' .................................... (hawn semmi f'Iiema data), huwa sofra ingustizzja

f'Ii ...................................... (hawn semmi Iiema distinzjoni, eskluijonijew preferenza

indebita saret jew inghatat bi pregudizzju tal-persuna Ii taghmell-ilment jew id-diiabilita

Mghoddi mill-Karnra tad-Deputati fis-Seduta Nru. 60 tat-30 ta' April, 1997.

jew restrizzjoni Ii huwa jkun gie suggett ghaIiha).

Illi I-fatti tal-kai kienu fil-qosor kif gej .................................... (aghti fil-qosor il-

fatti tal-kai).

MYRIAM SPITERI DEBONO

Illi huwa bi hsiebu jgib biex isostni I-ilment tieghu Iix-xhieda murija fl-elenku

Speaker

hawn anness Ii jindika ghar-rigward ta' kull xhud dawk il-fatti Ii r-rikorrent bi hsiebu

jgib prova dwarhom bix-xiehda tieghu.

RICHARD J. CAucrn

Ghaldaqstant ir-rikorrent umilment jitlob lil dan it-Tribunal Ii jisma' u jiddeCiedi

Skrivan tal-Kamra tad-Deputati.

dwar dan I-ilment skond I-Att ta' 1-1997 dwar it-Tribunal ghall-Investigazzjoni ta'

Ingustizzji, u Ii jinghata rimedju billi jigi ordnat illi .............................................. (hawn

semmi x' ghamla ta' rimedju jista' jinghata), jew inkella jekk dan ir-rimedju rna jistax

jinghata, Ii jigi ordnat Iijithallas lili kumpens f' ammont ta' ..... ~ .......................................... .

(semmi ammont Ii majkunx ta' aktar minn Lm5,000).

Firma tal-persuna Ii taghmel

I-ilment jew ta' persuna Ii

tidher ghalih

Indirizz tal-persuna Ii taghmell-ilment

Indirizz tal-intimat.

The term of the Tribunal shall expire on the expiration of four

years from the coming into force of this Act

Provided that the said term may, at any time before its expiry,

be extended by resolution of the House of Representatives for a further

period or periods each of not more than one year.

(Artikolu 7)

A. Rikors dwar ilment

Fit-Tribunal ghall-Investigazzjoni ta' Ingustizzji

AB

(persuna Ii taghmell-ilment)

versus

CD

(intimat)

Rikors ta' AB

Jesponi bir-rispett

Illi bejn id-9 ta' Mejju, 1987 u 1-15 ta' Mejju, 1995, u b'mod iktar preCii fijew

ghall-habta ta' .................................... (hawn semmi f'Iiema data), huwa sofra ingustizzja

f'Ii ...................................... (hawn semmi Iiema distinzjoni, eskluijonijew preferenza

indebita saret jew inghatat bi pregudizzju tal-persuna Ii taghmell-ilment jew id-diiabilita

jew restrizzjoni Ii huwa jkun gie suggett ghaIiha).

Illi I-fatti tal-kai kienu fil-qosor kif gej .................................... (aghti fil-qosor il-

fatti tal-kai).

Illi huwa bi hsiebu jgib biex isostni I-ilment tieghu Iix-xhieda murija fl-elenku

hawn anness Ii jindika ghar-rigward ta' kull xhud dawk il-fatti Ii r-rikorrent bi hsiebu

jgib prova dwarhom bix-xiehda tieghu.

Ghaldaqstant ir-rikorrent umilment jitlob lil dan it-Tribunal Ii jisma' u jiddeCiedi

dwar dan I-ilment skond I-Att ta' 1-1997 dwar it-Tribunal ghall-Investigazzjoni ta'

Ingustizzji, u Ii jinghata rimedju billi jigi ordnat illi .............................................. (hawn

semmi x' ghamla ta' rimedju jista' jinghata), jew inkella jekk dan ir-rimedju rna jistax

jinghata, Ii jigi ordnat Iijithallas lili kumpens f' ammont ta' ..... ~ .......................................... .

(semmi ammont Ii majkunx ta' aktar minn Lm5,000).

Firma tal-persuna Ii taghmel

I-ilment jew ta' persuna Ii

tidher ghalih

Indirizz tal-persuna Ii taghmell-ilment

Indirizz tal-intimat.

(1) Subject to the provisions of subsection (3) of this section

this Act applies to the Government, and to any statutory body as defined

in section 2 of this Act (hereinafter in this Act 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 authority of the

Government, any Minister or parliamentary Secretary, any public officer

and any member of, or servant of, an authority of the Government.

Reference to a statutory or other body includes a reference to any

director, member, manager or other officer or servant of such body.

(3) (a) This Act does not apply to the persons or bodies

listed in Part A of the First Schedule to this Act.

(b) This Act shall not apply to the bodies listed in Part

B of the First Schedule to this Act, unless proof to the

satisfaction of the Tribunal is produced showing that all

available means of redress have been exhausted.

(c) The Prime Minister may by order in the Gazette

amend, vary or substitute the lists in Part A and Part Bof the

First Schedule to this Act. No order under this paragraph

shall have effect unless it is approved by a resolution of the

House of Representatives.

(d) The Tribunal shall not entertain a complaint that

requires the investigation in respect of such action or matter

as is described in Part C of the First Schedule of this Act.

(4) This Act shall not apply to any act or omission

occurring before the 9th May, 1987 or after the 15th May, 1995.

(1) The Tribunal shall have the power to hear and Powernof the

determine any written complaint made by any person who claims to Tribunal.

have sustained injustice in consequence of any undue distinction,

exclUsion or preference which has been made or given to his prejudice,

or of any disability or restriction to which he has been subjected, by

any action taken by any person to whom this Act applies in respect of

any of the following

(a)

appointments, promotions or transfers of public

officers;

(b) appointments, promotions or transfers of members,

officers or employees of any body established by law;

(c)

recruitment for employment;

(d)

licences or permits required by law;

(e) 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 Tribunal shall decline to exercise its powers under this

section in any case where a co.mplaint thereon has been investigated by

the Commission set up under the Investigation of Injustices Act or

action has been taken on the matter before a court of law.

(1) Complaints before the Tribunal shall be made by

application substantially in the form set out in the Second Schedule to

this Act.

(2) The application shall contain a statement as to the facts

on which it is based, and shall be accompanied by

(a) a list of witnesses together with their full address stating

in respect of each of them·the proof by the testimony of each witness

it is intended to establish by their evidence; and

any document in support of the application

(b)

(3) The application together with the said list and documents

if any shall be filed in the Registry of the Tribunal during the time in

which the Registry of the Superior Courts is kept open. A copy of the

said application, list and documents if any shall be served upon the

person to whom this Act applies against whom the complaint is directed

(hereinafter referred to as "the respondent").

(4) The respondent shall file a reply in the said Registry by

not later than twenty days of the receipt of the application. The reply

shall contain

(a) a statement of the fact upon which the respondent bases

his rebuttal of the claim and shall be accompanied by a list of his

witnesses together with their full addresses stating in respect or

each of them the proof it is intended to establish by his evidence;

and

(b)

any document in rebuttal ofthe claim.

The reply, lists and documents shall be served on the complainant.

(5) After the lapse of the period referred to in subsection

(4) the Tribunal shall fix a date and time for the hearing of the complaint.

This date and time is to be notified to the complainant and the respondent

by the Registrar who shall also issue the necessary summons for the

hearing of witnesses. On that day the Tribunal shall hear, under oath,

the evidence of the complainant and the respondent as well as that of

the other witnesses; the complainant and the respondent shall then make

their submissions to the Tribunal.

(6) During the hearing the parties may be assisted by a

lawyer or legal procurator or any other person who enjoys their trust

Provided that no person may claim fees for assisting a person

before the Tribunal which are higher than those which may be charged

by an advocate for ·the same service.

Every such hearing shall be conducted in public.

(7)

(8) The Tribunal shall give the parties a fair hearing within

a reasonable time.

(9) (a) The decision of the Tribunal shall be delivered in

public.

(b) In its decision the Tribunal shall decide whether

the complaint is justified and in arriving at its decision it shall

take into consideration the laws, regulations or provisions of

the Estacode in force at the time of the act or omission upon

which the complaint is based.

( c) Where the Tribunal decides that the complaint is

justified in whole or in part, it shall, subject to the provisions

of paragraph (d) hereof, recommend redress in kind, bearing

in mind the laws, regulations and the provisions of the

Estacode as are in force on the date of the recommendation .

. (d) Where in accordance with such laws, regulations

or provisions of the Estacode it is not possible for the Tribunal

to order redress in kind, the Tribunal· may recommend the

payment of compensation which shall in no case exceed the

sum of five thousand liri.

(e) The decision of the Tribunal shall be final and no

appeal shall lie therefrom.

. (10) It shall be the duty of the Registrar to ensure that the

decision of the Tribunal be sent to the Prime Minister within ten days

ofits deli very .

It shall be the duty of the Prime Minister to implement

(11)

the recommendations of the Tribunal by setting up such procedures

and giving such directives as are necessary for the implementation of

the said recommendations.

(12) The provisions of subsection (1) of section 460 of the

Code or Organization and Civil Procedure shall not apply to any

proceedings before the Tribunal.

(13) The Minister responsible for justice may by regulations

establish the fees payable to the Registry of the Tribunal.

(1) The Tribunal shall have power, exercisable through its

president -

(a)

to summon witnesses;

(b) to administer the oath to any witness and require him to

give evidence.

(2) (a) Summonses for attendance of witnesses shall be

in the form set out in the Second Schedule to this Act, and shall be

signed by the registrar of the Tribunal.

(3) The provisions relating to service under Title IV of Part

I of Book Second of the Code of Organization and Civil Procedure

shall mutatis mutandis apply to the service of summons under this Act

as well as to the service of complaints, replies, lists and other documents

referred to in section 7 as well as any other Acts filed by the parties or

issued by the Tribunal.

(4) Any person summoned as aforesaid who refuses, or

without sufficient cause fails, to attend at the time and place mentioned

in the summons, or refuses, without sufficient cause, to answer or to

answer fully and satisfactorily, to the best of his knowledge and belief

all questions put to him by or with the concurrence of the Tribunal, or

refuses or fails, without sufficient cause, to produce any document he

was required to produce by or with the concurrence of the Tribunal,

shall be liable, on conviction, to a fine (multa) not exceeding five

hundred liri or to imprisonment not exceeding three months, or to both

such fine and imprisonment

Provided that, notwithstanding the generality of the provisions of

paragraph (b) of subsection (1) of this section, no person giving evidence

before the Tribunal may be compelled to answer 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 the Tribunal be

entitled to the same privileges to which a witness giving evidence before

a court of law is entitled.

Proceedings in respect of any offence against this section

(5)

shall be instituted at the instance ofthe Attorney General.

A complaint made under this Act shall not be entertained if it Period of

is made after the lapse of six months from the date of the coming into complaint.

force of this Act.

The Tribunal shall, every six months starting from the date Report.

of commencement of this Act, make a report of its decisions to the

House of Representatives; such report shall be submitted by the Registrar

to the Speaker who shall cause it to the brought to the notice of the

House of Representatives.

There shall be a Registrar to the Tribunal who shall be Registrar and

(1)

. 0 f th e 0 ffi Ice 0 f th e otherstaff

veste d Wit . h t h e responsl ·b·l·

h d mInistration

..

I Ity lOr

tea

&

Tribunal, and who shall ensure a fair distribution of duties between the

various presidents by assigning to them the applications filed as aforesaid

as far as may be by rotation in accordance with the date of filing of the

applications, so however that the Registrar may in his discretion take

into account the subject matter of each application so as to ensure that

applications of the same nature are, as far as may be, dealt by the same

Tribunal.

(2) The Registrar shall be a person appointed by the Prime

Minister or a public officer designated by the Prime Minister to per-

form the functions of registrar.

The Tribunal shall have such other staff as the Prime

(3)

Minister may deem necessary and appoint or designate as aforesaid.

The president, including a temporary president shall, Oathsof

(1)

before entering on the execution 6fhis office, take, before the President ~:g~~~ce

of Malta, the oath of allegiance set out in the Constitution of Malta and to be taken by

the following oath

Oath of Office

I .................................... do swear that I will faithfully

perform the duties of president of the Tribunal for the Investigation of

Injustices without favour or partiality, according to justice and right,

and in accordance with the laws and customs of Malta, to the honour of

God and the Republic of Malta, and that I will not hold, either directly

?r indirectly, any communication with any complainant or respondent

In any case before the said Tribunal, his Advocates or Legal Procurators,

or with any other person on behalf of such person, in regard to any

application pending or about to be fIled in the said Tribunal, except in

the Tribunal in public hearing saving the cases expressly provided for

by law; and that I will disclose in the Tribunal and make known to the

President of Malta any such communication as may be made to me.

And I do further swear that I will not act, either directly or indirectly, as

an Advocate,or arbitrator, nor give in any case counsel or advice to any

person in regard to any complaint already entered or to be entered in

the said Tribunal, saving the cases excepted by law, without the

permission of the President of Malta first had and obtained upon an

application to that effect. So help me God.

(2) Where any communication as is referred to in the form

of oath contained in subsection (1) of this section consists in an anony-.

mous letter or in a letter the writer whereof cannot be readily identified,

or where any such communication contains insulting or offensive ex-

pressions, the president need not read out the communication but may

instead during a public hearing disclose the fact of such receipt and

shall in any case make the content thereof known to the President of

Malta.

The president of the Tribunal shall not be called upon to give

evidence in any proceedings, on matters coming to his knowledge in

the course of any proceedings in corinection with any complaint under

this Act.

Any salary or expense payable in carrying this Act into effect

shall be defraycd out of the Consolidated Fund without any further

appropriation other than this Act.

Subject to the provisions of this Act, the provisions of the

Code of Organization and Civil Procedure relating to practice and

procedure before the Civil Court shall mutatis mutandis apply to the

practice and procedure before the Tribunal.