The article ‘More compensation over old rent laws’ (The Sunday Times of Malta, July 15) makes relevant reading on the present day topic concerning band clubs and their use of others’ property which they occupy.
As is well known, the highest court of Malta recently decided that the De Paule Band Club should vacate the premises they occupy (which would therefore be returned to its owners with vacant possession) as the band club had in breach of Malta’s laws carried out structural alterations.
Parliament then enacted a law whereby this decision of the Courts of Malta, given in accordance with the Laws of Malta, becomes useless and unenforceable. The landlords are once again deprived of the full rights of ownership.
The government’s practice of enacting legislation to appease sections of the electorate who are in breach of the nation’s laws is a policy which is legally, politically and socially incorrect. Such a policy rewards those who are in breach of the nation’s own laws.
Equally incorrect, it undermines judicial authority and indeed the government’s authority especially when it subsequently attempts to justifiably enforce the nation’s laws against those who are in breach of them – whether fiscal, criminal etc.
All those thus accused can plead in their defence that in comparison they are being discriminated against. It is felt that the Opposition could have based itself on these fundamental inconsistencies and opposed this legislation, and even if such a stand could have been considered anti-populist it would have profitably shown in principle, and in practice, a long-term, correct political attitude. It is submitted that legally this legislation is a stop gap, temporary measure which will ultimately be declared null and void: owners intend to contest its validity – and feel that they have a sound basis for once again a successful outcome. The landlords of the De Paule Band Club have proposed, and are once again proposing, a solution which is a long-term, win-win situation for all concerned, applicable potentially to all/most band clubs and other similar institutions.
Their proposal is that the solution should not be a temporary one but that it is a permanent one. The first premise that needs acceptance is that a band club performs an educational and social service to the community, and that therefore the community should assist the band club, including helping in having adequate premises, from which to operate and accordingly that the State should fund – or provide – such an amenity.
The second premise is that the owners’ right of property, including the right to use and to dispose of the same, is a fundamental human right and must be protected; the particular burden of providing premises so that the above said service to society is provided is not to be borne by the owners.
One then arrives at the solution, namely that the State would buy the property from the owners at a fair market price, on a vacant basis, and grant it to the band club at a reasonable rent for its use throughout its existence.
The band club, the government and the owners can still conclude this saga in this correct manner to the permanent benefit of one and all and with respect to the Laws of Malta, including international laws governing human rights.