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Constitutional Development Politics Zolabytes

Now there’s no Daphne to blame – guest post

The author of this guest post is known to me. Opinions expressed in this post are the author’s and I do not necessarily subscribe to all of them.

The Labour Party has just secured its third term after garnering 55.1% of the popular vote against the Nationalist Party that only managed to secure 41.74%. After the Electoral Commission published its data on Monday, it was then time to look at the numbers and how both parties fared during the election.

In 2017, then disgraced prime minister Joseph Muscat called for an early election in the wake of the Panama Papers leak which saw his right-hand man Keith Schembri and then minister Konrad Mizzi caught red handed with offshore structures set up to allegedly receive kickbacks and a third mysterious company. That same year, we also had a then economy minister allegedly visiting a brothel while on government business and ‘17 Black’ dropped by investigative journalist Daphne Caruana Galizia.

Following the June snap election, many took to Facebook to “analyse” the PN’s internal situation and demand change from the Nationalist Party, even though they would never bring themselves to vote for the party, despite claims to the contrary. Whilst celebrating Labour’s victory, and at the time “absolving” Mizzi of his sins, many sought to pin the defeat on someone or something.

The easiest target was Daphne Caruana Galizia – she had been targeted by trolls and the Labour party machine for years. Journalists only discovered solidarity after her assassination otherwise the country is made up of people too busy polishing their egos, and her stories had not yet been “proven”. As the country’s institutions were dismantled, especially the police force, there was no one out there willing to investigate her stories. Thereby remaining largely just what they were – articles on a blog. While some took up those stories and started questioning, others stopped at who wrote them. Incapable of formulating an opinion of their own, then it was reduced to “hatred” towards the Labour Party and its then-leader or even worse the journalist was some PN stooge.

(Fast forward to a few years later and people realised that there was truth to those stories, however, some of the country’s institutions continue to drag their feet). It was in this context that Caruana Galizia was blamed for the PN’s loss and subsequently isolated when Adrian Delia and his baggage was taken to the party. It is obvious that after such a defeat, in a country that treats politics like a derby match, people within the party wanted heads to roll and a new start.

Specifically for this post, I went to look up reports carried by the Labour propaganda machine in the aftermath of the election and the time Delia was elected.

The seeds of the second colossal loss by PN were sown in 2013 Martin Scicluna had told us in an article on the 2017 election where he argued that the PN had ignored its post-mortem report following the previous election. Scicluna had argued that the PN should have formally disassociated itself from Caruana Galizia.

2022 was the first election without Daphne Caruana Galizia, the first one without her commentary, sharp wit and everything in between. And here we are again, with the PN losing to the PL with over 39,000. However, there is no Daphne to blame this time around, as people seek to blame by proxy, and “independent” newspapers push the Labour line whether consciously or not, by bashing those who have stood with activists in the anti-corruption fight.

In this election, the winner is the mafia who wanted to ensure that everything was closed off as soon as the “people spoke” in free but not so fair elections.

What led to this?

Labour insiders have said the election was called when its polls were showing that there would be no “maġġoranza assoluta” over PN. The election had to be held after the Pope’s visit, not the week before. What we have observed in the weeks that followed was Labour out in full force trying to reach out to those who were thinking of abstaining from voting for one reason or another. Then the party took the power of incumbency to a whole new level – TVs, laptops, one-year internet subscriptions, jobs, hampers, berthing spots were among the freebies given out in the last two weeks of the campaign. Not to mention the cheques and other “bonuses” given by the government. The PN in this context was reduced to a third party. It could have never outdone the PL in its freebies.

Then we also got the PL’s feel-good concerts which ultimately saw artists (instead of sending the party in government to hell for the Covid double standards employed between partisan events and other art events) performing on a stage that was indirectly funded by the taxpayer. This time around, we had several people in receipt of gifts during the campaign posting freely to Facebook, without the police taking any action against treating – an offence during the electoral campaign.

The PN could never compete with this. It was a free election but not necessarily a fair one. This does not only apply to PN but also applies to the smaller parties.

If one had to analyse the PL’s campaign, apart from harping about its major pledges, the PL dedicated equal time to addressing the undecided voters and those who mulled on abstaining. Each speech always referred to “grievances” and then we got Abela telling us that we could go directly to him or Lydia Abela with our “grievances” as he promised solutions.

The Nationalist Party then side-lined corruption as one of its major issues despite being rife. By doing so, it also side-lined the MPs who had been most vocal about it. Instead of opting for the so-called bread and butter issues without addressing the elephant in the room – the Ukraine war and its impact, the ruling party’s short-sighted vision of spending in the short term without any regard to the future, and sending mixed messages.

Those who are still angry at PN’s previous administrations and its track record on the environment find it difficult to trust a party who tries to please both the environment lobby and the construction industry in the same breath.

Then there are the PN’s two souls that constantly find themselves pitted against each other – the conservative and the liberal one. Labour is not liberal, Labour uses liberal issues to achieve its goals and this is done by what the polls are saying. If Labour was liberal it would have never drafted and tabled the cyberbullying bill – which will serve to introduce criminal libel by another name. As an example we can take recreational cannabis: We can win 100s of votes with cannabis, then we give them recreational cannabis. We’re losing votes due to the cannabis legislation, so we do not mention it anymore – that was the reasoning employed.

Many have taken to Facebook to tell PN what to do. No one bothered telling PL what to do, despite the stories on Abela’s ODZ villa or Abela’s connections to the criminal underground, or seeking to absolve Rosianne Cutajar through an election. What we got was Joseph Muscat, Emmanuel Cuscheri and others who are angry at the PN for removing Adrian Delia speaking about cliques and elitism ad nauseam following the party’s loss.

No-one turned to the PL to tell it what to do next. No one demanded answers over things that came to light over the past months. No one demanded that the people in power, now with a nine-seat majority, behave better. No one took to task the Labour leader for refusing to sit down with independent media. While the Labour Party was busy complaining to editors about different journalists who asked thorny questions to their beloved leader.

Instead, we have an opposition party quickly but surely hitting the destruct button as it seeks to blame someone for the loss, without understanding the context in which this loss happened, and possibly heeding unsolicited advice from various quarters, who are not so many words are asking the PN to abandon the anti-corruption fight.

Repubblika did the right thing to sit out this election. It cannot be blamed for it.

There’s no party out there to save us. If the PN wants to work towards an electoral victory it should convince the people out there why it is a better option and decide on the issues which it wants to take up and take them up. If the majority is happy with the freebies, then that is what they want. What it can do is convince them why this is wrong and decide to fight back or leave.

Now, back to what led to this long-ish guest post. In this election, we saw those who within the Labour Party opposed Muscat being voted out bar two – Chris Fearne and Clifton Grima. As with Fearne, he enjoys a lot of popularity, however, the plan was always for him to be kicked upstairs.

Then two Opposition MPs did not make it to Parliament – Jason Azzopardi and Karol Aquilina – whose faces ended up on a PL billboard, and whom PN has hidden throughout the whole campaign, even though if you had to take a good look at the previous opposition parliamentary group – bar Aquilina, Azzopardi, Therese Comodini Cachia – you’d be lucky to squeeze out 500g of grey matter. The three of them also enjoy respect from the anti-corruption activists – something which the likes of Delia and others do not.

However, in the aftermath of the election when Aquilina and Azzopardi were not elected both through the PN’s own doing and with a little help from Labour, now we get all the experts urging them to bow out of politics. And one should look at the messengers this time round. What interests do the messengers have? Anyone who has done a campaign at least once in their life can see the coordinated and concentrated efforts all around us.

These concentrated efforts are not only aimed at the two candidates seeking election through casual elections which after all is their right – in our system the seat belongs to the candidate and not the party – but is also aimed at a cohort of anti-corruption activists whose strings cannot be pulled by either of the two parties, who are self-sufficient enough not to require government jobs, who have nothing to lose because they have made it in their lives, and who were wise enough to not touch the election with a barge pole.

What we have here is the mafia back at work – the mafia works in a climate where it is perceived not to exist. Eliminating the two most vocal voices in parliament on the anti-corruption fight and pleasing the Labour narrative is isolating them, and the activists. Funnily enough, some media were quickly picking up Facebook posts that would garner website hits and perpetuate the narrative. Others are busy throwing Facebook posts and going on about “elites, negativity or the establishment” and other stupid propaganda we have been fed throughout the last ten years. On one hand, you’ve got trolls pushing the narrative, on the other hand, you have those who genuinely believe it because it also suits them for whatever reason. One thing we must surely do is we must fight to ensure that Daphne Caruana Galizia’s work and sacrifice is not buried under a so-called fresh start for the Labour Party with the complacency of the Nationalist Party that is aspiring to win the next election as though it was some football match where you get a bunch of new players, while remaining the same party that fails to convince.

Categories
Constitutional Development Rule of Law

Alarum! Inflation!

Households will experience the biggest fall in their living standards since records began as they face soaring inflation, tax increases and rising energy bills. In a bleak assessment of the year ahead, the Bank of England warned people that take-home pay would fall by five times the amount it did during the financial crisis of 2008. It will be the worst hit to real incomes since comparable records began in 1990.

Britons facing biggest drop in living standards – The Times

It’s a ticking time bomb and it is among us as we go about our daily lives. The warning signs are increasing daily and we ignore it at our peril. It is the result of a combination of a number of factors that might be contributing to speed up the countdown to D-Day and these factors include the pandemic, the energy crisis and the return of threats to global stability. The worst contributing factor, if not the main one, is the degeneration of liberal democracies and the proliferation of false republics.

The armageddon that I speak of is inflation. Not to be confused with a simple rise in prices, it is a possible breaking point, a crisis moment that will force a shift in the social paradigm.

Malta has already begun to feel the rumblings of the storm. Unable to operate in a vacuum the dangers of rising prices, increased energy bills and a general devaluation of the money in people’s pockets would spell disaster even in the case of a diligent government trying to navigate through the latest international crisis.

We have been there before. In 2008 the Gonzi government did manage to cushion the impact of a global financial crisis. Which did not mean that we did not emerge with a disgruntled business class. This time round we would do well to harbour strong doubts with regards to the capability of the Abela government to weather such a storm.

Here lies the problem. The Abela government inherited a system of governance that had already compromised the real republican constitution. An all-powerful executive hijacked the remaining pillars of the constitutional checks and balance denuding the system of any semblance of a republican charter based on the rule of law.

The compromised state is unable to generate any kind of policy beyond the populistic and is only able to plunder public funds for the benefit of the select few. The power of incumbency is used to maintain an illusion of normality notwithstanding the imminent signs of economic and social disaster.

Take the latest measure announced of distributing 200 or 100 euro cheques as one-off compensation for the damage caused by the pandemic. At an estimated 70 million euros this measure falls far short of creating a clear far-sighted policy to weather the impact of the incoming storm. Instead it is a temporary distraction for the population.

What we are facing is a collapse in living standards. The price hike will be the last thing on our minds compared to the devaluation of take-home pay, rising energy bills and rising cost of living. There will be a limit to the number of times the government chooses to plunder public money.

The real question is: how long before the anger spills to the streets? How long before partisan loyalty no longer suffices to blindfold citizens from the real effects of a faltering economy? How long before they realise that the institutional rape of our state has left our country exposed to the elements?

Categories
Constitutional Development Politics

The Government Spokesperson

““Incongruous, out of line and condemnable”. The government reaction to the insipid insinuation by Labour stalwart, deposed mayor Anthony DeGiovanni was left to a “government spokesperson” who was fielding questions from the press. DeGiovanni had appeared on a radio programme earlier and repeated a Labour troll’s favourite concerning the assassination of journalist Daphne Caruana Galizia.

Matthew, Daphne’s son, was somehow to blame for the “mistake” of parking the family car outside the house leaving it exposed to possible assassins and their bomb planting ways. DeGiovanni comes from the same school of crap-spewing sewage producers as Mario Azzopardi who also this week inveighed against Robert Abela for having begrudgingly declared his support of Roberta Metsola’s EP Presidency candidature.

Coming as they did on the wave of the latest poll results indicating a swell of support for Labour, DeGiovanni’s comments are a good example of the kind of swill that feeds the masses. The same kind of swill that is provoked by Abela’s nationalistic comments with regards to Roberta Metsola. These “tropes for trolls” are woven through repetition and mass reproduction while being given undeserved space on the media.

Tellingly, the condemnation of DeGiovanni’s wild insinuations only come as a reaction to further press inquiry and not as an instinctive calling into line. Furthermore the condemnation is in the form of the anonymous spokesperson with no further repercussion seemingly on the horizon. DeGiovanni remains a 72 year old junior lawyer appointed to the public payroll by his daughter notwithstanding his history of unreliability as a public servant.

One last remark concerns the subject that led to DeGiovanni’s baseless assertions. The discussion concerned the calls for resignation of Anglu Farrugia, Speaker of Malta’s House of Representatives. Matthew Caruana Galizia, among others, had called for the bumbling buffoon to resign following his latest contribution to the neutering of the power of the House. Much like a government spokespersons sterile “condemnation”, Farrugia had informed Rosianne Cutajar of a decision that she be reprimanded without following through with the reprimand itself.

These are our institutions at work. Alas the filthy hand of a poisoned faculty that keeps churning half-baked lawyers can be seen once again in the latest series of events. Speaking of which, the theory by law-chitect Musumeci whereby any decision concerning justice should be left to the people remains strong among the Labourite community. Rule by law of the majority continues to threaten our constitutional set up.

It is a theory and system that goes against everything that democratic representation through a system of checks and balances should be about. It flies in the face of the very roots of what law is about and is a recipe for the total annihilation of our fledgling liberal democracy.

We are servants of the law so that we may be free. For how long?

Categories
Constitutional Development

The rebels won’t let go

The heat is on at PN HQ. The 80 strong executive is meeting having been summoned by Adrian Delia. It’s time for a showdown with the 19 rebels showing no sign of surrendering their battle after the setback suffered by the hapless Presidential decision.

What would seem to be another long night has been kick started by another motion of confidence in Delia brought by Dr Michael Axiaq. The vicissitudes of the renewed PN leadership race is actually a tiny pixel in the much bigger landscape of the state of our political system. What interests me here is why the rebels insist on staying. Why the battle they are fighting is the battle, first and foremost, for the Nationalist Party.

Therese Comodini Cachia was quoted as saying that “it is not her intention to split the party”. Chris Said seems to be of the same opinion. And so on and so forth. Not for one second does the option of splitting from the PN and setting up a rival, larger, opposition party seem to have crossed their minds.

Make no mistake about what is happening here. Much as the rebels might be seen as voices for change away from the shady politics represented by Delia and the corrupt government, their inability to create a definite schism between themselves and the old wreck of a party they aspire to win back is telling.

The pull of the party is too great and that is the sign that the rebels, no matter how rebellious, are only willing to go so far to change the stagnant system that has a stranglehold on the nation. They are unable to cut off their dependency on a party system built to fit a constitution wrought in its image, and designed to fit a sick method of pathetic alternation like a glove.

I have written elsewhere that a new PN would have to renege everything it has been until now otherwise those who take over will only be prone to the same mistakes that have been committed in the past.

The rotten system that has taken hold of the nation is fighting back tooth and nail. Like zombies in a trance some participants in the political arena unwillingly lend themselves to the system’s fight for survival. Yesterday’s Presidential decision was such an example of the system’s desperate lurches at self-preservation.

Tonight, in the long night of knives and squaring of thoughts, another tentacle of the system attempts to survive to the detriment of a switch towards a healthier constitution.

We are a long, long way from recovery.

“If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.” Dwight D. Eisenhower.

Categories
Constitutional Development

George fought the law and Adrian won

PR 201337 – “Press Release from the Office of the President” does not feature on the DOI Press Release page. It should be there since PR 201336 and PR 201338 are both on the page. I tried to find out whether the President’s Office that has its own PRO had distributed the PR through the DOI. Unfortunately Caroline Muscat, theShiftNews editor, could not confirm because – get this – the DOI refuses to add theShiftNews to the newsroom list.

Why does the President (and for what matters, even the Speaker of the House) use the DOI for his PR? Shouldn’t they have their own PR office issuing its own press releases? But those are not the glitches in our democracy that we are here to comment today. We are more concerned with the content of the PR 201337 because it concerns the long-awaited disquisition by the President (upon advice of anonymous legal experts) concerning the issue of the Leader of the Opposition in the House (LOOH for short).

Let us begin from the end. At the end of his statement, the President invokes the Principle of Necessity as the underlying reason for his decision. The beauty of the use of this principle is that it sets the minds at rest of all those who disagree with the interpretation favoured by the President and his men (and Adrian Delia of course). Why so? Well the reason is simple. The Principle of Necessity is used as a last resort in the words of the medieval jurist Henry de Bracton “when that which is otherwise not lawful is made lawful by necessity”.

In layman’s terms the President is saying that he is conscious of the unlawfulness of his decision and interpretation but a higher necessity required him to rule in such a manner anyway. It would be facile to blame the President’s medical background but that would mean ignoring the legal savants who deemed this perilous advice to be good enough for him to administer on the nation.

Said advisors skimmed through Article 90’s inherent contradictions and in lieu of providing a solution based on law, they chose to apply the aforementioned Doctrine of Necessity: an unlawful solution in the better interests of… There lies the crux… the better interests of whom? In the words of the President this would be the “protection of the democratic process and the serene atmosphere which must reign in Parliament and in the country in general”.

In opting for this doctrine the President’s advisors steamrollered over any consideration concerning article 90 other than the admission that a combined reading of 90(4) and 90(2) could result in revoking and appointing Adrian Delia ad infinitum. Having discarded the possibility of leaving the LOOH office vacant (there will be a LOOH according to article 90 has been read as there will be one at all times) the solution was simple: we keep him there because it is a remedy for serenity.

The ball was then thrown into the political party court (from whence it came) with the President washing his hands of the problem and saying “come back when you have a new leader of the party or when you have solved your trust issues”.

Which begs the question. How serene and progressive is our parliamentary democracy when a President reads the constitution (unlawfully by his own admission) in such a way as to impose a LOOH on the opposition who has lost the trust of 2/3 of them?

The press pounced on the words ‘depart from the constitution’ when reporting the President’s Press Release. It’s worse. He openly broke it. “That which is otherwise not lawful” remember?

George Vella fought the law and Adrian Delia has won. Time to quote Swift again…

“It is a maxim among these lawyers, that whatever hath been done before may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice and the general reason of mankind. These, under the name of precedents, they produce as authorities, to justify the most iniquitous opinions; and the judges never fail of decreeing accordingly.”

– Jonathan Swift, Gulliver’s Travels
Categories
Constitutional Development

Delia’s Crazy Catch 22

It’s a crazy cycle in Maltese political and legal life but every now and then a public exponent decides to unearth his own version of Joseph Heller’s Catch 22. The latest to jump on the bandwagon is none other than the Dar Centrali resident-in-chief Adrian Delia.

Fresh from his visit to dithering President George Vella, he announced ad urbi et orbi from his bedside table, erm, podium at Dar Centrali that he is still Leader of the Opposition and Leader of the Party. He then proceeded to issue a thinly veiled challenge to the Rebel MPs (it’s a moniker that stuck). When they go to the President for their individual confession they would do well to bear in mind that should they succeed in getting his position revoked the next step would be his reappointment as Leader of the Opposition.

Yes, you read that right. As a strategy it is utter genius. It plays on ignorance of the law of the worst kind. The kind that might even convince a hesitant President not to do the right thing. What Delia is saying is that sure enough article 90(4) should lead to his revocation if all the conditions fall in place (as they did after that fateful vote) but we then need to appoint a new leader of Opposition in Parliament.

And what does the article on appointment (90(4)) say if not that the Leader of the Party in Opposition should be appointed Leader of the Opposition in the house. Logical no? Delia wants to trigger a Catch 22 loop simply to be able to force the MPs to challenge him in his home turf. Dar it-Tesserati.

Sadly for Delia the law is not an ass unless it is read/interpreted by one. This literal interpretation cannot and should not function. If the Party Leader no longer enjoys the confidence of the majority of MPs then he will not be reappointed. Not unless George Vella falls for the Catch 22. The President will then fall on that member who enjoys the confidence of the majority. And that, my friends, is definitely not the Dar Centrali resident.

“There was only one catch and that was Catch-22, which specified that a concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind. Orr was crazy and could be grounded. All he had to do was ask; and as soon as he did, he would no longer be crazy and would have to fly more missions. Orr would be crazy to fly more missions and sane if he didn’t, but if he was sane he had to fly them. If he flew them he was crazy and didn’t have to; but if he didn’t want to he was sane and had to. Yossarian was moved very deeply by the absolute simplicity of this clause of Catch-22 and let out a respectful whistle.

Catch 22 , Joseph Heller