The Chamber of Small and Medium Enterprises (GRTU) has filed a judicial protest in court against the Electoral Commission, requesting compensation for shop owners forced to close their shops on polling day in line with an archaic law dating back to the pre-1970s.
The GRTU said that it was filing the request after the Electoral Commission fell short of ensuring that shop owners would not be affected on polling day.
The GRTU claims that it is not the shop owners’ fault and that they should be compensated for missing out on a day’s trading. In addition, the GRTU said that those affected included staple goods shops, pharmacies and many others that offered services which are necessary.
The Malta Independent checked the law which, in Chapter 354 (Article 66), states: “During the time fixed for voting at any polling place, no person, other than a person waiting to vote, shall loiter within a distance of 50 metres from that polling place nor shall any person within the said distance of 50 metres make political propaganda in any manner. Any club, shop
or other public establishment within such a distance shall be kept closed on polling day.”
TMID checked when this law was drafted and sources close to the Electoral Commission said: “Well, it’s an archaic law. It’s been there since before the 1970s, so in legal terminology, it’s been there since time immemorial.”
If one had to analyse the law in accordance with the passage of time, it made sense at the time. In the 1970s a lot of campaigning was done on the ground with the aid of posters, graffiti and megaphones in the streets. This type of campaigning has by and large disappeared, although a few types still cling to it.
In today’s day and age it is totally irrelevant. One is sure that voters would much rather have the facility to go and buy a newspaper, carton of milk, or whatnot rather than seeing the country grind to a standstill, reminiscent of war-torn areas.
The GRTU had written to the Electoral Commission on 14 February, asking for a resolution to the impasse, adding that they were available to meet at short notice.
However, on Wednesday, GRTU Director General wrote another letter to the commission saying that the situation should have been sorted out as happened with local council elections. In his letter announcing legal action, Mr Farrugia said: “Kindly be informed that today GRTU will commence legal proceedings against the Electoral Commissioner and all authorities concerned to defend our members’ rights for compensation for loss of business due to your decision to implement the closure of licensed establishments in the vicinity of polling stations on 8 March without due compensation for loss of business.”
He continued: “The shops and public establishments are forced to close for no fault whatsoever of any of our members. This situation was remedied during the elections for local councils and could have been remedied again on 8 March as there is no evidence whatsoever that the draconian action you are taking is justified given the situation in the country during March.”