TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES ACT

TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES [ CAP. 394. 1

CHAPTER 394

TRIBUNAL FOR THE INVESTIGATION OF

INJUSTICES ACT

To make provision for the establishment of an independent tribunal for

the hearing of complaints of certain injustices occurring between 1987 and

1995. (2nd June, 1997) *

ACT VIII of 1997 , as amended by Act XVI of 1997 ; and Legal

Notice 425 of 2007 .

The short title of this Act is the Tribunal for the

Investigation of Injustices Act.

(Article 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

article 91(3) of the Constitution

Any Counsel or Legal Adviser to the Government acting in such a

capacity

The Auditor General in respect of the functions under article 108(5)

and (8) of the Constitution

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

The Security Services.

PART B

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.

PART C

Matters not subject to Investigation.

1. Any matter certified by the Prime Minister to affect the

internal or external security of Malta.

2. Action taken in matters certified by the Minister

responsible for foreign affairs to affect relations or dealings

between the 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 civil or criminal

TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES [ CAP. 394. 9

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 tribunal.

5. The exercise of the power of the Prime Minister under

article 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 article 3;

"injustice" has the meaning assigned to it under article 6;

"person aggrieved" means an individual who claims to have

sustained such injustice as is mentioned in article 6 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 article

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 any one or more of the said bodies aforesaid or

any combination thereof has a controlling interest or had a

controlling interest between the 9th May, 1987 and the 15th May,

1995 or over which the Government or any one 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.

(Article 7)

A.

Application for complaint

In the Tribunal for the Investigation of Injustices

AB

(complainant)

versus

CD

(respondent)

Application of AB

Respectfully states

That between the 9th May, 1987 and the 15th May, 1995 and

more precisely on or around the..............................(state date) he

suffered injustice in that he was......................................(state here

the undue distinction, exclusion or preference which has been made

or given to the prejudice of complainant or the disability or

restriction to which he has been subjected).

That the facts of the case were briefly as follows .........................

........................................... (state briefly facts of case).

That he intends to produce in support of his complaint the

witnesses shown in the attached list which shows with respect to

each witness the facts that the complainant intends to prove by his

testimony.

The applicant therefore humbly requests this tribunal to hear and

determine this complaint in accordance with the Tribunal for the

Investigation of Injustices Act, 1997, and to grant me redress by

ordering........................................................ (state here form of

redress possible), or where such redress is not possible to order the

payment of compensation to me in the sum of .................................

(state sum which may not exceed €11,646.87).

Signature of complainant

or person on his behalf

Address of complainant.

Address of respondent.

CAP. 394.] TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES

(Article 8)

B.

Summons to Witness

The Tribunal for the Investigation of Injustices 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).

Given under my hand this

day of

of the year

(Signature of Registrar).

(1) There shall be one or more tribunals, each of which is

to be known as the Tribunal for the Investigation of Injustices and

each consisting of a chairman, appointed by the President of Malta

acting on the advice of the Prime 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 practised as

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

less than twelve years; provided that an advocate appointed as

chairman of the tribunal shall not be allowed the private practice of

his profession.

*See article 1 of the Act as originally enacted, part of which has been omitted under

the Statute Law Revision Act, 1980, and Legal Notice 63 of 1997.

CAP. 394.] TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES

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

the tribunal -

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

election to the House of Representatives; or

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

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

chairman of the tribunal shall become vacant

(a) at the expiration of the term for which the tribunal is

appointed;

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

chairman of the tribunal would cause him to be

disqualified for appointment as such;

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

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

case of a chairman who is not a judge or magistrate if

he resigns his office by letter to the President of Malta.

(5) (a) The chairman 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 perform the functions of

his office (whether arising from infirmity of body or

mind or any other cause) or proved misbehaviour.

(b) The provisions of the Commission for the

Administration of Justice Act shall apply, mutatis

mutandis, to a motion as is referred to in paragraph (a)

as it applies to a motion under article 97(2) of the

Constitution.

(6) If the office of chairman 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 chairman of the

tribunal to be a temporary chairman of the tribunal, and any person

so appointed shall, subject to the provisions of subarticles (4) and

(5), cease to be such a chairman when a person has been appointed

to fill the vacancy or, as the case may be, when the chairman who

was unable to perform the functions of his office resumes those

functions.

(7) The chairman of the tribunal may be challenged or shall

abstain in the same circumstances as a judge of the 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 appointment to be chairman of

the tribunal for the particular case or cases in respect of which the

chairman has been challenged or has abstained.

TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES [ CAP. 394. 3

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

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

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

courts.

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.

(1) Subject to the provisions of subarticle (3), this Act

applies to the Government, and to any statutory body as defined in

article 2 (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.

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

of the First Schedule, 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 B

of the First Schedule. 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.

(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

determine any written complaint made by any person who claims to

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;

CAP. 394.] TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES

(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 subarticle (1), the

tribunal shall decline to exercise its powers under this article in any

case where a complaint 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.

(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

(b) any document in support of the application.

(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 accom-

panied by a list of his witnesses together with their full

addresses stating in respect of each of them the proof it

is intended to establish by his evidence; and

(b) any document in rebuttal of the claim.

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

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

TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES [ CAP. 394. 5

before the tribunal which are higher than those which may be

charged by an advocate for the same service.

(7)

Every such hearing shall be conducted in public.

(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), 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 eleven thousand and six

hundred and forty-six euro and eighty-seven cents

(11,646.87).

(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 of its delivery.

(11) It shall be the duty of the Prime Minister to implement 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 article 460(1) of the Code of

O rg a n i z a t i o n a n d C i v i l P r o c e d u r e s h a l l n o t a p p l y t o a n y

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

(a) to summon witnesses;

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

to give evidence.

(2) Summonses for attendance of witnesses shall be in the form

set out in the Second Schedule, and shall be signed by the registrar

of the tribunal.

CAP. 394.] TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES

(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 article 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 one thousand and one hundred and sixty-four euro and

sixty-nine cents (1,164.69) or to imprisonment not exceeding three

months, or to both such fine and imprisonment

Provided that, notwithstanding the generality of the

provisions of subarticle (1)(b), 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.

(5) Proceedings in respect of any offence against this article

shall be instituted at the instance of the Attorney General.

A complaint made under this Act shall not be entertained if

it is made after the lapse of six months from the date of the coming

into force of this Act.

The tribunal shall, every six months starting from the date

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 be brought to the

notice of the House of Representatives.

(1) There shall be a registrar to the tribunal who shall be

vested with the responsibility for the administration of the office of

the tribunal, and who shall ensure a fair distribution of duties

between the various chairmen 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

perform the functions of registrar.

(3) The tribunal shall have such other staff as the Prime

Minister may deem necessary and appoint or designate as

aforesaid.

TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES [ CAP. 394. 7

(1) The chairman, including a temporary chairman shall,

before entering on the execution of his office, take, before the

President of Malta, the oath of allegiance set out in the Constitution

of Malta and the following oath

Oath of Office

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

perform the duties of chairman 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,

e i t h e r d i r e c t l y o r i n d i r e c t l y, a n y c o m m u n i c a t i o n w i t h a n y

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 subarticle (1) consists in an anonymous letter or

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

a n y s u c h c o m m u n i c a t i o n c o n t a i n s i n s u l t i n g o r o ff e n s i v e

expressions, the chairman 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 chairman 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 connection with any

complaint under this Act.

Any salary or expense payable in carrying this Act into

effect shall be defrayed 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.

CAP. 394.] TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES