The Constitutional Court this evening decided in favour of the Nationalist Party following a Labour Party bid to not allow it to be granted two additional seats in the wake of the general election.

The two seats have been granted due to a constitutional mechanism.

In a statement, the PN noted that in the last legislature, "The Labour Party had governed for half the legislature with two seats more than had been laid down at law, and it had taken three years for the court to rule that this did not fairly represent the wishes of the electorate.

"The Labour Party once again tried to do this and went to Court to again ask for something that would have meant the people's decision was not reflected in Parliament. And once again, the Court decided that the Labour Party was wrong."

Yesterday some big names in politics took the stand to testify such as Partit Demokratiku leader Marlene Farrugia and outgoing PN general secretary Rosette Thake.

Carm Mifsud Bonnici and Frederick Azzopardi were given two seats to make up for the proportional loss in the electoral districts set-up. Labour won 37 seats in the 3 June election against the PN-PD's 28, and this nine-seat gap was bigger in proportion than the 35,000 margin between the two sides. As such, a constitutional proviso allowing for additional seats came into force, with the two candidates closer to election being given a seat.

The PL argued that the principle of proportionality should apply here because those 28 seats are made up of both PN and PD, meaning that there are more than two parties in Parliament.

Earlier this week, during a court sitting, the PL had requested for the PD to be included as a party to the case.

Leader of the PD, otherwise known as tal-orangjo, Marlene Farrugia maintained that to her knowledge, she was still a paid member of the PN.

At an earlier stage of the court session, it had been established that according to the PN statute, in order to contest on its ticket, one had to be a member of the party. While the PN defence team, at the time the issue was raised, contested the validity of calling into question whether the PN statute was followed or not, Farrugia still insisted that she paid her life membership in 1998.

Farrugia formed the PD earlier this year after resigning from the PL. Her partner Godfrey Farrugia, just weeks ago, resigned as PL whip and also contested on the elections as part of the PN-PD's Forza Nazzjonali. He however failed to get elected to Parliament.

Despite many commenting that for the first time in many years a third party had made it into Parliament, Farrugia played down the notion that PD was indeed a third party in Parliament and explained that ultimately PD candidates contested under the PN ticket and all votes to PD and PN went to one Opposition.

The Constitutional Case filed by the PL is against the Electoral Commission who awarded the PN two extra seats.

PL lawyer Pawlu Lia questioned Farrugia on the pre-electoral agreement signed that saw the launch of Forza Nazzjonali. She established that the agreement was signed on 28 April of this year. Asked whether she was still a member of the PN, Farrugia spoke of paying a lifetime membership in 1998 and said "but today, I am a PN MP."

She added that was also a member of the PL.

Farrugia took the opportunity to delve into the motives of why she had left the PL, and cited lack of good governance, several scandals and the Panama Papers affair as her reasons.

Asked instead about her motives to set up a political party, she said that the founding members had a desire for opposition forces to come together and form a credible, transparent and honest alternative government.

"You wanted to exploit the possibility of pooling the first preference votes of both parties, correct?" Lia asked. To the surprise of many, Farrugia promptly replied "yes, but not only".

While Lia was questioning an Electoral Commission representative, the issue of why PD candidates had the distinction of 'tal-orangjoI' next to their name. He brought up the issue again with Farrugia, and asked why there was that distinction between PD and PN candidates.

"We decided to do this so that voters can see that we were contesting on the Nationalist ticket, as one force," she said.

She continued by saying that the background colour doesn't really mean anything, and that "Joseph Muscat likes to wear a blue tie, but it doesn't mean that he's a PN supporter".

Farrugia said that nobody involved themselves with such issues, and that PD officials certainly never interfered about any colour backgrounds the PN like to use. Candidates were allowed to decide for themselves, she added.

"When people voted, although I was on the PN sheet, these people had voted for a candidate who endorsed PD values. They voted for a candidate who was on the PN ticket with the PN logo near her name, there were other parties these people could have voted for."

She said that in Parliament, she will be answerable to the PN whip.

Outgoing Opposition Leader Simon Busuttil was present for the sitting as he has been made a party to the case.

Prof Ian Refalo represented the Electoral Commission and Pawlu Lia represented the PL.

The PN was represented by Paul Borg Olivier and Karol Aquilina.

 

Labour Party signals it will fight on

In a statement the Labour Party signalled that it would continue to see that its “40,000 vote majority would be respected in its majority”  and that it will “use all means possible under the law to do so”.

The party added that it will, “work so that the people’s will through its unprecedented mandate will be truly represented”.

 

The PL also made it a point to note that in its decision that court said that there is no third political party in Parliament.