The Malta Independent 28 July 2026, Tuesday
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Restoring Public faith

Malta Independent Friday, 29 September 2006, 00:00 Last update: about 13 years ago

It is good news to hear that the government is attempting to push through more reforms at the law courts in an effort to get the cogs of the ancient machine that is our legal system to turn faster.

Parliamentary secretary Carmelo Mifsud Bonnici has announced a number of measures that have just been published in the Government Gazette and they are very much welcome. The main issue at stake as explained by Dr Mifsud Bonnici is that people want redress. The courts, since the concept of rule of law has been applied, are there to serve the needs of the people, and not, we repeat not, the judiciary and the legal profession.

The people of Malta and Gozo have gripes about the legal system, particularly when it comes to civil cases. People involved hate the fact that they get to court to waste a whole morning because all cases are cited at 9am, and it then just goes by luck of the draw.

Then, the case can be put off by up to a whole year! This is not befitting of a modern European country in the year 2006. And shame on those members of the judiciary who do put off cases to such lengths. This is a democratic country where the populace is governed by laws. But we cannot have a situation where when it is one of the larger players (the government, political parties, police), the case gets pushed through quick smart – yet your ordinary Joe has to wait years on end. It is stressful, worrying and yes, inhumane.

So the measures being pushed through by Dr Mifsud Bonnici are to be applauded. The first measure he is proposing is that when a case is filed, it must be appointed for hearing within two months – and this is a definite step in the right direction.

But perhaps the most important development is that judges may only adjourn a case for a two-month period. Anything beyond that and the parties have a right to request that the judge be changed if the case does not move forward. This is very positive indeed, especially as people will at least know that they can only face a maximum wait of two months before they at least get called into court again.

However, we must also avoid situations where cases still get adjourned because one or the other parties does not turn up, or because a lawyer does not have his robe, or for no apparent reason whatsoever. This mentality must be checked. The PS also explained that the Chief Justice will be obliged to report to the Commission for the Administration of Justice any requests to have a judge replaced. This is also positive as it will serve for accountability purposes. There are more measures being put through, but unfortunately, the courts of Malta, like many others in the world, just seem to take ages to adopt change. One remembers the chaos, and sometimes downright refusal by members of the judiciary and lawyers themselves to use the computerised system.

This cannot be the case, change is needed everywhere and one can sum it up this way – a lawyer who is on the legal aid roster who should be contactable at a moment’s notice, does not even have a mobile phone! That is the kind of mentality we need to change. Everything in the world revolves around public opinion. The law courts have had a few judders in past years, it is up to those who work in the profession to restore the public’s faith.

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