I refer to the front page article in The Sunday Times of Malta entitled ‘Electoral law must cover third party seats, says commission’ (October 15).

The Electoral Commission points out that nowhere in the report on the 2017 general election does it state or call “...for a legal mechanism that would ensure strict proportionality...”.

Paragraph 12.2 of the said report clearly states that the constitutional proviso for extra parliamentary seats had again to be applied in the June 2017 elections and that the subject in question was a matter that was aired during a stakeholders’ meeting.

Editorial note: The above-mentioned Article 12.2 is found under the section entitled ‘Observations and Suggestions’.  It states that: “It was also pointed out, though this is not the case at present, that constitutional amendments meant to guarantee proportionality do not apply if the third party is elected in government.” While the Commission is insisting it did not explicitly call for changes in the law, what is the point of flagging this flaw in the electoral law if not to address it before it is too late?

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