The person co-opted to fill the parliamentary seat vacated by David Stellini must also hail from Gozo to be in conformity with the Constitution, according to former European Court of Human Rights judge Giovanni Bonello.
Doubts on the legality of co-opting a non-Gozitan to succeed Mr Stellini, who resigned last week, were first cast by the Nationalist Party’s own regional committee of Gozo.
In a letter to party leader Adrian Delia last Sunday, the committee contested the decision made the day before by the executive committee to nominate Jean Pierre Debono, who had contested the seventh electoral district, comprising Żebbuġ (Malta), Dingli, Mġarr, Mtarfa and Rabat.
The committee said the seat should have gone to Gozitan candidate Kevin Cutajar, despite the latter having narrowly lost a vote on the matter in the executive committee meeting.
Apart from contesting the manner in which the ballot was conducted, the committee claimed the decision to nominate a non-Gozitan was in breach of both the letter and the spirit of the Constitution.
This argument was based on a constitutional amendment enacted in 2007 whereby Gozo was declared as one electoral district regardless of the change in its population. Moreover, the committee cited a provision in the General Elections Act on special cases such as co-option.
Asked whether he subscribed to the Gozo committee’s view, Dr Bonello noted that the Constitution was the law that regulated all laws and, consequently, its provisions had to be respected by all.
The new member must have the same links with Gozo, constituents and constituencies as the member he is substituting
The matter of co-option of a new member of the House of Representatives, he noted, was governed by several constitutional rules, including two in particular.
“The first is that Gozo is deemed to be a special region, different from the rest of Malta, and one to which specific constitutional rules are to apply. The Constitution recognises the particular identity and characteristics of Gozo as a separate and different entity from Malta,” he said
The second rule was that when the need of co-opting a new MP arose, the new member must be “as nearly as can be of the interests and opinions represented and held by the vacating member”. This meant, Dr Bonello continued, that the new MP must be of the same political party and represent the same interests as the previous one.
“As the vacating member represented Gozitan interests – already defined as separate and distinct from Maltese interests – it follows that, to be in conformity with the express will of the Constitution, the new member must have the same links with Gozo, Gozitan constituents and constituencies as the member he is substituting,” he pointed out.
The PN has yet to decide on the co-option because, as Mr Debono last Monday announced, he was not taking up the seat amid internal dissent and mounting controversy. Though Dr Cutajar is the only candidate who expressed interest, the party will again convene the executive committee to make a decision. The matter was further complicated after Mark Anthony Sammut stepped down as president of the executive committee.
Contacted by Times of Malta, Dr Cutajar on Wednesday declined to comment when asked if there had been any developments following a letter he sent to Dr Delia last Monday enquiring about the way ahead.
Questions sent to the PN were not answered by the time of writing.