Categories
Constitutional Development

The Sale of Public Land

It’s 1626. A Dutch merchant has his eye on a peninsula of land in the region of the New World that the local natives (the Munsee/Lenape) called Manna-hatta (which literally means “the place for gathering wood to make the bows”). Place names tend to have this descriptive element in the local language – Żebbuġ. Għasri, Għajnsielem, Marsalforn. It’s the same the world over. Land is land and what it gives to the people who live on it.

According to a letter by Pieter Janszoon Schagen, Peter Minuit and Dutch colonists acquired the Manhattan peninsula on May 24, 1626, from unnamed Native American people, who are believed to have been Canarsee Indians of the Lenape in exchange for traded goods worth 60 guilders,

“The original inhabitants of the area were unfamiliar with the European notions and definitions of ownership rights. For the Indians, water, air and land could not be traded. Such exchanges would also be difficult in practical terms because many groups migrated between their summer and winter quarters. It can be concluded that both parties probably went home with totally different interpretations of the sales agreement.”

It gets interesting because it turns out that Minuit negotiated with the chief of the Canarsees, when it was the Weckquaesgeeks who actually mostly lived on Manhattan. It was an easy deal to obtain. The vendors would get the rights to a piece of land while the sellers… well the sellers had no concept of right to property and in any case they were nomadic people who actually had no real ties with that piece of land… at least not as much as another tribe who was not involved in the transaction.

Public land – land that belongs to the people. It forms part of the core concept of public goods (res publica). In roman law it was the concept of a good publicly held in common by the people. Res publica also refers to public affairs, affairs relating to the management of the common good. When public land is sold or managed, such sale or management is supposed to be transacted in the interest of the people and their common good.

Modern day republics entrust their governments with the management of public good. That is why transactions involving public land should be conducted with the utmost transparency and no amount of excuses of “commerical sensitivity” can hold water. Transparency is but one safeguard. Accountability to parliament, to watchdogs and to EU institutions is another. The sale of public land – when it is really necessary and justified must take place following the best standards that guarantee the public good is the foremost concern.

When the citizens of the nation fail to understand the importance of the monitoring of such processes then they are open to being conned time and time again by the next Peter Minuit. The tribal leaders of today’s demos who take advantage of this ignorance have little care of the consequences of their transactions. The trinkets and guilders of yesteryear have been transformed in the corrupt practices of today.

Oh foolish nation that allows itself to be led by jackals. The situation is desperate, there are crooks everywhere.

“quotus quisque reliquus qui rem publicam vidisset?
Igitur verso civitatis statu nihil usquam prisci et integri moris: omnes exuta aequalitate iussa principis aspectare…”

(How few were left who had seen the republic!
Thus the State had been revolutionised, and there was not a vestige left of the old sound morality. Stript of equality, all looked up to the commands of a sovereign…) – Tacitus, Annals (I, 3-4)

Categories
Mediawatch Politics

Once Upon a Time in the Republic

once_akkuzaWe are fast approaching the 50th anniversary of our nation’s independence. It’s been fifty years since the sacred instruments were handed over to Prime Minister Borg Olivier in Floriana. And where are we now? Are we a model democracy that can be used as a shining example and beacon among the corrupt and failed states of the post-Fukuyama collapse?

Not if you believe the hype we aren’t. The editorials in the major English dailies are resorting to the use of such terms as “lawlessness” and “laissez-fairism” (they don’t use the last one exactly, they imply it, but they would if they knew it). Fifty years of independence and barely one into Taghna Lkoll’s declared aim of creating a second republic, we seem to be waking up to the gradual break-down of the system of rule of law that invisibly holds a nation together.

Is it really scaremongering? Like hell it is. It was always there for everyone to see. When you have a party that intends to hold on to the thrilling rush of power by way of appeasing as many people as possible as much as possible then you inevitably open the way for the compendium of trickeries that involves turning a blind eye, irrational decision making and more of the sort.

The first blinder that hit the electorate in the face was the sinking of the meritocracy boat. With the nonchalance of a tin pot dictatorship idiots and fools were promoted to high places. If that were not enough they actually invented more high places to accommodate all those who had been promised a piece of the pie. So Taghna Lkoll programmes were to be run by monkeys.

The second blinder was the ransacking of any system of punishment. All the hoo-haa about being strong with the corrupt, all the words about changing a system in order to empower whistleblowers and construct a good government. All well and good for the mass meetings with the faithful and the hypnotised. When push comes to shove though we have seen the proof in the amnesties, in the judges allowed to wriggle free of impeachment and in the “who cares if my latest appointee was also running an illegal hotel” approach. Like meritocracy, the tough talk about being strong with the unjust came crumbling down as quickly as possible.

Now we are hit with the absolutely preposterous notion of playing with elections at whim. This government of the people has arrogated unto itself the power of suspending Local Council Elections while using one “the dog ate my homework” kind of excuse after another to justify the manifestly gross slur upon its democratic credentials. Youngsters promised a first vote in the 2015 elections were brushed quickly under the Labour Carpet of inconvenience and sacrificed as victims to the greater good that is the hunting lobby. Gaddafi and Idi Amin would have been proud.

Then there is the brazen approach to public property that ill-befits any socialist label. The Australia Hall sale to make good for 20-year old debts for furniture is a monumental farce especially when coming from a government party that verbally espouses principles on party financing and good governance. Having already twisted the law in its favour by advising itself as government to return the hall to itself as labour party, the party then went on to sell off this public patrimony to private individuals. Shame? What’s shame? It’s a buzzword that was useful for the Prime Minister’s bromance buddy for a little while before he started giving out Arse Et Gratia payments to the happy people.

Because that is what the people want. Muscat has sussed it out. In this Second Republic, 50 years independent, it is the egoistic cowboys that win the day. That is what they all mean by lawlessness. The law is a mere guideline but if the government sees a few points for itself to be made then the law becomes naught but arse wiping material. It helps us not that the long arm of the law are occupied doing a silly prosecuting bird lovers for displaying illegally shot birds (heaven help us) or proceeding with their obsession with nudity arresting skinny dipping Frenchies.

Our Emperor has long paraded bare before a bewitched populace. Sadly a muddled opposition that keeps shooting itself in the foot (cfr Clyde Puli’s poverty gaffe) will not help much. The opposition actually needs to press hard the obscenity that is this postponing of elections business. Harder than youtube videos. This obscenity have the whole rank and file of the opposition shouting “foul” (and not just shame).

It’s a short step away from a land of cowboys this. Once upon a time in the Republic we had a working constitution and the rule of law. Today we have Labour in government. A round of drinks for all at your local saloon.