The long protracted and convoluted issue of the exchange of Maltacom land in Qawra with a string of other government properties has been bogged down in legalities, the Malta Independent has learned.

Sources close to both Maltacom, which has now been privatised, and the government have explained that the issue has come to a standstill after the government requested advice from the Attorney General some three months ago or so, however, Maltacom sources claim, a reply has still not yet been received.

To put matters into perspective, the issue came about after the government proposed to give Maltacom a number of parcels of land (to which it is claimed it has no legal title) where various telephone exchange buildings are located. In exchange for these lands, the government would receive from Maltacom, the land that the company has title to in Qawra.

Government sources said that this agreement had been reached with Maltacom officials before privatisation. This could be corroborated by the fact that the actual transaction and draft agreement of the exchange were both included in the Share Sale Agreement between Government and Tecom Investments to which, TMID is informed, Maltacom had clear access prior to the execution of the transaction.

The specific clauses in the Agreement, which is available on Parliament’s website, were reviewed by TMID.

However, after the whole agreement was signed, Maltacom suddenly informed the government that it had decided it did not want to hand over the Qawra property after all. Maltacom sources believe that this could be due to pressure from the minority shareholders. In November 2006, the government filed a judicial letter to safeguard its interests. Moreover, following a series of discussions with Maltacom, government submitted the matter to the Attorney General’s Office for advice on the way forward.

TMID is informed that the government wrote to the AG’s office formally and requested advice on how best to proceed some three months ago, however, it seems that the case has been held up in the backlog of work that the office, which is stretched, to say the least, is getting cleared up.

Government sources said: “The attitude of the opposition is unbelievable. It just keeps on making incorrect statements about this case, intended only to disrupt a very delicate situation. Nevertheless, despite its continuous empty statements, the Opposition never states what it expects the Government to do.” The source continued: “We (the government) have sought recourse to the only body which can advise on the matter and that is the Attorney General’s office. The opposition seems to not approve that we seek the AG’s advice. It should therefore clearly say what it expects Government to do,” concluded the source.