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Court temporarily stops Magic Kiosk removal

A court this morning upheld a request by the owner of the Magic Kiosk to issue a provisional warrant of prohibitory injunction to stop the dismantling of the Magic Kiosk in Sliema.

Government workers started removing the kiosk early on Friday morning after the second of two leases on the government land expired.

The court ordered the works to stop until a final decision is taken on January 21.

Magic Kiosk owner Joe Pace is claiming discrimination.

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Comments

p.grima (on 14/1/09)
Some speak of compensation, and right of first refusal.......Yes, but to the Bonello family; who were earning a living from that site too, before it was yanked from them, just to be given to Mr.Pace. (a friend of a friend?)
At that time the Bonello family had no chance to possibly defend their rights, not to mention compensation.
They simply had to lump it, and move it.
James Muscat (on 14/1/09)
@ charles zammit...by that reasoning, any illegal activity should be allowed to continue as long as it creates employment...that's hardly the path to a better life for the population in general...I think however, that the people who lost their jobs because of this mishap should be given every assistance possible to find new ones
Dr. Etienne A. Calleja (on 14/1/09)
@ F. Spiteri

We are not Joe Pace and that is why we can reason whatever way we want to. Using your reasoning, the Bonello's should have their Kiosk back....BY RIGHT.

@ F Spiteri (AGAIN)

The boathouses in Armier and elsewhere are illegal, true. But one illegality does not mean that you can commit another. Besides, even if I were to believe that you don't know Joe Pace, given that this was a question of corruption, you cannot not talk about politics - because it was a political issue and remains one. So stop talking out the back of your head.

@ Marc Ellul

Get your facts right. When the demolishing started there was no protest in court. There still isn't. But a few days after the demolishing started, Joe Pace filed a warrant of prohibitory injunction.

@ Peter Grech

In case you weren't noticing, the Magic Kiosk isn't there any longer. So it can't be there to stay since it has been removed.
charles zammit (on 14/1/09)
yesterday i was having my car filled up when i overheard the guy before me telling the petrol pump attendant that he together with other nine full time employees and another ten part time ones lost their job. good for you hon minister carry on cleaning...........
Philip Sultana (on 14/1/09)
With or without permits, the Magic Kiosk was a disgraceful eyesore that overwhelmed a rare small pretty square and cheapened the Sliema Ferries area. Let them set up umbrellas but there should be no permanent structures other than the original kiosk.
E Muscat Azzopardi (on 14/1/09)
I recall the Magic Kiosk before it was turned into the current aluminium monstrosity. It was exactly what it said it was - a kiosk. There was plenty of room around the small structure allowing the surrounding space to be the only real 'pjazza' in Sliema. The more venerable members of the community used the square as a meeting place and to us as kids it meant an ice-cream and a safe area to run around in. I was delighted at the prospect of the area being restored and now am completely mystified at the way the current usurpers of the space are being protected. You might recall that the aluminium and glass structure was selected as a 'temporary structure'. Let's hope that the permanence it has enjoyed for the last couple of decades is abolished without further nonsense.
F Spiteri (on 14/1/09)
@David Shaw
Yes, David, there are various problems!! If you were in Mr. Pace's position I am more than sure you would not reason it out his way!! He is making a living from this kiosk, just the same way I make a living from my employment. I would be torn to pieces if my employer shall decide one day to offer my employment on tender, after so many years! Let's not speak politics in similar situations, but speak rationally! I repeat that I don't even know who this person is, but the whole story is totally unfair on him and his family! He should be given priority in the offer of the new kiosk, by right!
stephen mifsud (on 13/1/09)
the Magic Kiosk brings many good memories for many immigrants from the past that spent time there with there families drinking sensation or ruggataa....anyways i will miss it ....full stop.
Keith Davis (on 13/1/09)
The Magic Kiosk was just like a huge rubbish bin in the heart of Sliema.

These bosses just want to get rich from our public land and then charge us sky high prices.

Please make way for the Garden.

Dave Shaw (on 13/1/09)
@ F Spiteri

I believe that the government shall issue tenders for the management of the new kiosk, and the best bidder will take it, what's the problem about this ? Why should Mr. Pace or any previous owners have any preferential treatment....?
Reno Spiteri (on 13/1/09)
If the area for the Magic Kiosk was illegally taken away by two notorious Labour ministers in the ugly 70's/80's from the Bonello family and given to any third party for political reasons as seems to be the case, then this person who has been milking away thousands of LM or Euros from this prime site, should not only be evicted from this area now that his leases have expired and therefore he has no legal status left, but he must be made to re-inburse the Bonello family for all losses incurred by them throughout these long years of hardship.
They say that the law is an ass, in this case it has been proven to be so from the very beginning and this latest decision to stop the eviction and removal of this eyesore unless there is a real valid reason to do so certainly wins the bucket.
Godfrey A Grima (on 13/1/09)
No wonder he called it Magic Kiosk.!! Keep up the good work in cleaning up our tiny island!
F Spiteri (on 13/1/09)
Mr Joe Pace is asking to have the ownership of the new kiosk. He is not asking anything out of this world! I do not even know who this Mr. Joe Pace is but, for truth's sake, if I were in his position, I would not do anything different ... an issue somehow reminding me of the famous drama "Il-Madonna tac-Coqqa"!!
If I do recall well, Mr. Pace even offered the government to pay all expenses incurred for this new project in Sliema.
I have visited Sliema for a thousand times and I never managed to capture Magic Kiosk as an eyesore, sorry. I am sure however, that a smaller kiosk would be nicer in our eyes.

And I invite whoever feels an expert in eyesores, to visit the boathouses in Armier and Munxar area, St. Thomas Bay ... a total disaster on our country. They occupied ILLEGALY a piece of land from Malta (seafront of course!!!) and the government is still defending them!

Why not invest all this machinery shown in this photo in these areas plese??
Joseph Ellul (on 13/1/09)
And while you are at it just cut down the tree too. I cannot see the front of the Majestic and the other side is also partly covered. All the place needs is a good clean up and a few aluminium benches for the old folks. Malta seems to be getting more of them lately. The young ones seem to prefer London and Paris.
L. Zammit (on 12/1/09)
Mr Mallia: Maybe the Bonello family should be given the right of first refusal, hux?
Christopher Mamo (on 12/1/09)
@ no person in particular:

"...taken over by a person with the blessing of a Labour Minister who was of the opinion that he was God"

It's ALWAYS Labour, isn't it?????? PN had from 1987 to date, bar a 96-98 siesta, to set the record straight, but didn't.

I guess it's better late than never, but come on... it's Labour's, only Labour's and Labour only's fault.

Always.

Please do taken Dr. Gonzi's example of how we should be doing politics in the new millennium!
seychell michael (on 12/1/09)
Those wh are defending the owner of The Magic Kiosk - I have never seen a Kiosk so big which has also succeeded to double its sizi to become a two in one joint - should read the detailed article by Daphne Caruana Galizia published six years ago and re-published again in the Malta Independent on Sunday yesterday 11 January.

If there are any political victims in this whole story thes are are the Bonello family who suffered not only the loss of income to mantain their familyes, but more so for being terrorised by the police who were acting on instructions from higher auhorities. It suffice to say that on one occasion legal action was taken against the Bonello family because a broom was resting on L-Orizzont the GWU paper!

Regarding the tears being shed for the Kiosk employees , one should ask whether these were shed also when one of the employees lost his job some years back, for having a sandwich bite in between serving patrons whilst going in and before going out of the kitchen.

Michael Seychell
victor vella (on 12/1/09)
The green aquarium, was supposed to be the same size as the previous kiosk.The lease was for open air Kiosk. Trees were removed and the square taken over by a person with the blessing of a Labour Minister who was of the opinion that he was God.Shame on the owner to fight this case in court, didnt he extract enough from the area?I also wonder but then again I am not a legal minded person or lawyer, if the lease expired and the owner didnt want to re lease it can any court order the owner(goverment) to lease it again?
john fenech (on 12/1/09)
If I am not mistaken Mr Pace protest was because he was refused permission to setup another kiosk in the new refurbished square. If this is so why on earth did the court stop the dismantling of the kiosk or what little is left.
If there was another reason the court injunction was issued very late in the day! On the other hand, if there was another reason for the court injunction, were the authorities abusive in their actions? So what happens if the court rules in Mr. Pace’s favour, rebuild another kiosk, because the court was late to deliver the injunction and the government was hasty to restore the square to its former glory!!
Deo Catania (on 12/1/09)
@James Sultana. Perfect, but people seem to quickly forget!!!!!!! and they are making a fuss about a small sqaure as if anyone is waiting eagerly to go spend a day sitting there watching traffic and tall buildings/tower cranes. They made a total show off with this kiosk, extreme heavy machinery, a whole police force...........just goes to show the stupidity of this country never seizes to amaze.
Noel Cutajar (on 12/1/09)
@Karl Abela - the blurry past which you are referring to... look at the blurry present...go to Marfa as a start.
Marc Ellul (on 12/1/09)
Can't say that I'm impressed with this approach from the authorities. To my mind, this is a show of force and nothing else and it's also arbitrary. When so much public land on the north and south coast is still encroached, ODZ applications are approved and the Xemxija bypass has been partially closed for years, what is one supposed to make of the Magic Kiosk comedy ? What also baffles me is why the authorities removed half the structure when there was a protest pending in court ? What if the court rules in favour of Mr Pace ?!
oliver mallia (on 12/1/09)
In my opinion, Mr Pace should be finished from the kiosk, and the kiosk will be issued for tender. Place like that can easily be rented more than 350euros daily.
All money from the rent will be given to the Sliema local council for the up keep.
I consider to be fare with Mr Pace, if issued with tender he should have the right of first refusal.
If I am wrong with my idea to keep the kiosk, please correct me.
c.camilleri (on 12/1/09)
Reading in an other English paper how the Pace family got the lease of this public place in place of the Bonello brothers it is amazing how they have the cheek to claim discrimination.
So now we are having to have to wait up to the 21st Jan. to see this eyesore removed. The Bonello brothers had never been given any chance to go to the courts. They were simply driven out and replaced by the Pace family.
Karl Abela (on 12/1/09)
Whether its a landmark or note, it still remains illegal and reminds the country of our blury past. This country needs to get used to a government who is determined to restore environmental and planning order.

There are many crocodile tears that are being shed over this green aluminium structure in an attempt to make this look politcal but you know what?.....THE COUNTRY IS BEHIND THE GOVERNMENT TO GET OUR COUNTRY IN ORDER....we have had enough of cowboys in this country.
John Caruana (on 12/1/09)


Get rid of this green ugly aquarium as soon as possible - Give the square back to Sliema and to the Nation. it is Not the property of Joe Pace to protest, it is not his to claim discrimination. Get Rid of it!
James Sultana (on 12/1/09)
Reading the comments of messrs Carabott,Gatt and Roberts, one question springs to my mind:

WHERE WERE THESE GENTLEMAN WHEN THE WELL-KNOWN "BUISNESS TYCOON" BUILT MOST OF HIS HOTEL EXTENSION ON PUBLIC LAND WITHOUT PERMITS?

At least Mr. Pace did have a VALID LEASE in his posession at some time-the tycoon didn`t have anything -in fact he had built on land WHICH WAS NEVER OFFERED TO ANYONE.

Yet no army was sent to demolish what he had built!! Not just that: he was arraigned in the court of "justice" and rather than have everything confiscated and the land either offered properly for development or else given back to the public, HE WAS FINED AND ORDERED TO PAY A REASONABLY SMALL SUM TO BUY IT- PRACTICALLY A DIRECT OFFER AT BARGAIN PRICE!!

As regards the "new" development .... ARE WE SURE THAT IT WILL BE ONLY A KIOSK AS SHOWN ON THE PLANS? That the piazza will not be taken over by chairs and tables on which you can`t sit unless you buy from the kiosk? Given the number of caffes in the area, I don`t know how worth it would just a "vending kiosk" be !
Tiziana Grima (on 12/1/09)
I doubt how much the removal of the Magic Kiosk has anything to do with Mr. Pace's political opinion.
If its true what Mr. Pace is saying, then he should have taken the case case to court a long time ago as he new about it for quite some time.
L. Stivala (on 12/1/09)
even though its an eye sore , people will always call it the magic kiosk corner wheter you like it or not.
anthony cassar (on 12/1/09)
only in Malta !
Criss Camilleri (on 12/1/09)
What to-day? Now that the place looks like a BOMB had struck the Kiosk? Isn't a bit to late now?

George Poitier (on 12/1/09)
Is the Government suing the previous illegal tenant for misuse of land. Yes, I think if he tries going to Brussels, then he should cough up 20 years or so in fines like us common mortals.
J. Mifsud (on 12/1/09)
@ Peter Grech.
I wouldn't call it a landmark, but a black mark on Labour's past!
Alexander Laurence (on 12/1/09)
If the space occupied by the (illegally placed?) Magic Kiosk is to be re-worked as a nice quiet square, I'd rather keep it as it is then have it occupied by people spilling out from another establishment, most probably drinking ones. Just look at what has happened to Joann Garden in Tarxien! All the youths from the bar in the corner at the bottom of the garden pollute the same garden! What a disgrace!
benjamin wood (on 12/1/09)
I love these kiosks.they are part of the every day landscape of our urban areas.sometimes its the 'ordinary' which can give us a sense of place.From Auberges and cathedrals at one end of the spectrum to old buses and pastizzerias and even docks as part of the industrial landscape.London docklands would have been poorer if the amalgamation of cranes and hoists were not amalgamated into contemporary buildings.
joseph cachia (on 12/1/09)
Peter Grech.
Were you born YESTERDAY. Is an ALUMINIUM structure put up the other day a LANDMARK?
How about the old Taxi and Karozzin Stand ? Bet you don't remember the site.
When the square is cleared, we can have couple of benches where we can enjoy an afternoon sitting.
And perhaps you do remember how the aluminium present kiosk owner aquired the site?
Was it fair. (Though, it may be a rubberstamp unfair change of hands affair)
That time it was SANT who perhaps counted the tenners.
J Farrugia (on 12/1/09)
Peter Grech is condoning CORRUPTION. He knows that Joe Pace has absolutely no title to the place, and therefore has no legal title over the Magic Kiosk. And the courts are doing a disservice to this country in upholding his request for a warrant of prohibotry injunction. Government plans cannot be stopped for baseless accusations of political discrimination. Yes there was political discrimination but during the time that Patrick Holland gave this piece of land to Joe Pace. That was the time of political discrimination against the previous owner of the kiosk.
Graham Crocker (on 12/1/09)
It is a reminder of how things were done in times of Mintoff, when towns were run by criminals.
It is a reminder of all the lives that were ruined by a corrupt government and the harassment the Bonello family faced.

But that snot colored box occupying public land, is no Landmark. It is a stain.
A camilleri (on 12/1/09)
@ Peter Grech

What about the previous much smaller kiosk owner, the Bonello family? These were thrown out by the previous administration.


The piazza is public land and should not be taken by anyone.

You claimed that Magic Kiosk is a landmark?? I think you ought to find this term in a dictionary, since you have absolutely no idea what it means...... What sort of cultural architecture or symbolism does it have?? Maybe the golden era (Mintoffian regime era)?? Better if it is removed illum qabel ghada!

Those who would like to read the whole story should visit www.daphnecaruanagalizia.com

Very interesting story!!!!!
mikepace (on 12/1/09)

Keep it up Mr Pace you have the right to defend yourself regarding your business and your workers in the Hague as soon as possible .
A. Charles (on 12/1/09)
Peter Grech, the Eiffel Tower, the Rome Colisseum, Port des Bombes, Auberge des Castilles are land marks; Magic Kiosk is an aberration and an insult to good aesthetics.
salvu abela (on 12/1/09)
@Ramon Casha,

So is Fort Chambrey, so is Il- Mendqa Marsalforn, so is Mgarr Harbour in front of certain restuarants. These are a few in Gozo,very easy for one to see.
kenneth Roberts (on 12/1/09)

I wouldn't call magic kiosk a land mark...... more of a skid mark!
The lease is up, he had been notified, and he was using part of the land after the lease expired.... all the warning signs where there. He has no right to the land there, i think the nice public square would be a nicer land mark to have instead of that horrible building.
Mike Gatt (on 12/1/09)
Is the discrimination he is claiming against the owners of the former kiosk who were evicted so that he could build this eyesore?

and @ peter grech

The Macic Kiosk might be a landmark, but so what? Even a pile of rubble becomes a landmark if left standing long enough. That a monstruous blue aluminium structure is considered a prominent landmark in Sliema speaks volumes about the passivity towards the defacement of this once-lovely town over the last few decades. Don't you think?
Peter Carabott (on 12/1/09)
This is really good. You can now occupy a public place and do business on it with court protection!!!!
Ramon Casha (on 12/1/09)
If magic kiosk is a landmark, then maghtab is a pretty swiss mountain
J. Cachia (on 12/1/09)
Whilst praising the initiative of clearing the site of any illegal structures (which now seems debatable), we first put on the loose an army of uncoordinated wannabe demolition men and place them in the heart of the Sliema commercial centre (together with enough heavy machinery capable of demolishing a concrete bunker).

We then learn that these are not even capable of dismantling what is essentially a lightweight structure in one day.

Now, with all the mess and danger in the area (...in the above photo do you see any barriers or hoarding to conceal the ongoing works, or to serve as a protection to pedestrians and motorists alike??), we have to wait for the court hearing and maybe wait even more until the verdict is called!

Il vera pajjis tal-mickey mouse! Lanqas haqq min jarana!
peter grech (on 12/1/09)
well done joe, and may god help you to win this case. Magic kiosk is a land mark and cannot be removed.

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