Widespread debate precedes the nomination of a president. Some choose to speculate on the potential occupant. Given recent discussions over constitutional reforms, several points have been raised regarding the role and function of the president.

The role has been dismissed as being mostly ceremonial with the president a mere figurehead. Since the occupant is often a veteran of the political game, the appointment has sometimes been seen as a convenient way out for retiring (or uncomfortable) politicians.

Some question whether the Office of the President should be given a more executive role, or, perhaps, whether the time has come for the president to be elected in a different manner.

There are three commentaries that can better inform our views and understanding of the role and the Office of the President.

David Attard’s commentary on the Maltese legal system identifies several British constitutional conventions which have been codified in the Maltese Constitution. The office of the head of state – in this case, the President of Malta – is one such office.

The president needs to assent to legislation and s/he is required to appoint as prime minister the person who can secure a majority in the House and as leader of the Opposition the person who commands the support of the largest group of members in opposition.

Attard’s work touches on two critical aspects of the presidency which are often downplayed by observers. The first is the role of the president as a “Guardian of the Constitution”; as a symbol of State transcending political divides and ensuring that the legitimacy of the Constitution is preserved. The second is the role of the president in promoting core values derived from the Constitution:

“In short, he has the important function of promoting the cultural, ethical and social values that underpin Maltese society. These functions grant him a moral authority which should not be underestimated.”

President-Emeritus Ugo Mifsud Bonnici authored the aptly-titled Il-Manwal tal-Presidenza. As the occupant of this position in the mid-1990s, Mifsud Bonnici’s insight is much-valued. Noting a lack of material on the subject, he lists the duties, functions, rights and prerogatives of the president as they manifest themselves in the laws and practices as well as the expectations of citizens.

The manual identifies the role of the president in relation to the three main branches of government - the executive, the legislature and the judiciary. Other functions relate to the promotion of shared values, community representation, as well as interactions with organisations that do not form part of the structures of statehood.

This excellent resource further enhances the view that the role of the president is nuanced and complex.

In his memoirs, President-Emeritus Guido de Marco reflects on the changes enacted in 1974 with the proclamation of the Republic. As a key player, his observations are worth recalling:

“We wanted to make as few changes as possible to the Constitution and we were convinced that, if we left aspects of the presidency undefined, the role would evolve over time according to the historical necessities and the personality of those who occupied this post.”

We can draw one main lesson from the brief history of this Office. It functions best when the occupant steers clear of partisan politics

A quick survey of the occupants proves this point.

Sir Anthony Mamo, the first occupant, was a figure of both continuity and change. He was the last governor-general and the first president, and he gave much-needed gravitas to this position.

Anton Buttigieg was a respected literary figure and a political veteran.

Despite her brusque ways, Agatha Barbara proved to be an essential player in brokering meetings between the government and the Opposition during the most contentious periods of Maltese political development.

 Vincent Tabone started his term with a ‘social boycott’ by the Opposition. That same Opposition, under new leadership, proposed him for a second term such was the respect and affection with which many held this esteemed gentleman.

Ugo Mifsud Bonnici was one of the most cultured occupants of the post, supporting various noteworthy initiatives in the field of culture, literature and the arts. His handling of the 1998 political crisis provides an excellent example of statesmanship and impartiality.

De Marco’s experience in the international arena made him the ideal elder statesman to occupy this post.

Though his appointment was initially controversial, Eddie Fenech Adami occupied this role in an understated and detached manner.

Although he only served as Acting-President, Paul Xuereb deserves great credit for his stewardship during a difficult two-year transition period in the late 1980s. His condemnation of political violence, his efforts to ensure a peaceful transition of power and his quiet dignity make him one of the most worthy occupants of this role.

The last two occupants, George Abela and Marie Louise Coleiro Preca, attempted to “popularise” this role through various charitable initiatives. However, in their search for a more significant role, some of their actions and speeches have opened the Office of the President to a degree of criticism.

The presidency has now been in existence for 45 years; is it, perhaps, worth revisiting its role and its functions? There are some proposals worth considering.

Except for the first occupant, all presidents were active in partisan politics at some point during their public life. While this fact should not, automatically, exclude a person from being considered for the role, we are much poorer as a nation for not nominating certain individuals by virtue of the fact that they were never active in partisan politics.

Another laudable proposal is that the president should obtain a two-thirds majority in the House of Representatives in order to be elected. The last two occupants obtained such a result; however, enshrining such a principle would grant greater popular legitimacy to the occupant.

There are some pitfalls which need to be avoided. The Office of the President can be popular, but it should never be populist. Such a scenario can only be averted by keeping at bay the default mode of public life in Malta – namely, political largesse and partisanship.

We can draw one main lesson from the brief history of this Office. It functions best when the occupant steers clear of partisan politics and controversy; when the occupant is limited to acting as a ‘guardian of the Constitution’.

This role is not marginal. Rather, it is essential to the functioning of the apparatus of statehood. This must not be underestimated by those who seek to politicise this highest office of state.

André DeBattista is an independent researcher in politics and international relations.

This is a Times of Malta print opinion piece

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