Former PBS presenter Norman Vella today filed a Constitutional application asking the court to declare the Employment Commission unconstitutional. 

Mr Vella, who is locked in a Commission dispute with the Prime Minister,  is arguing that the latter's decision to change the Commission chairperson halfway through the case is tantamount to "changing the referee at half-time." 

The Commission is composed of five members, with the Prime Minister and Opposition Leader appointing two members each and a chairperson picked by the Prime Minister in consultation with the Leader of Opposition. 

Mr Vella has a pending case againt the Prime Minister and Principal Permanent Secretary. He has alleged that instructions to end his PBS deployment were politically motivated.

When his case began, the Commission was led by Michael Mallia. But his three-year term was not extended by the existing Prime Minister. The Commission is now led by Franklin Testa.

"The chairperson has no security of tenure. Their term lapses after three years, after which they must rely on the Prime Minister if it is to be extended.

"How can I have a fair hearing if the person judging me is relying on the person I'm up against to continue their tenure?" Mr Vella asked when contacted by Times of Malta. 

The court application was signed by Karol Aquilina and Jason Azzopardi.