The Malta Labour Party is still to settle down completely after its electoral defeat. The election of the leader and two deputy leaders has sorted out the race to replace Alfred Sant, Charles Mangion and Michael Falzon, and the election of the new administration in early August – five months ahead of schedule – will bring the regeneration process to an end.

Yet, there is one particular issue that has baffled many political observers.

It all started when Dr Sant called it a day hours before the MLP delegates voted in Joseph Muscat as new party leader. Dr Sant had resigned from party leader the day after the MLP lost the general election, but held on to his position as Opposition Leader until 5 June.

That day, while MLP delegates were preparing to cast their vote to elect the new leader, Notary Charles Mangion, until then deputy leader for parliamentary affairs, was being sworn in as Opposition Leader. This was done because the Constitution stipulates that the post of Opposition Leader cannot be left vacant.

With Labour electing as their new leader a person who was not an MP, the situation became quite confusing, perhaps even a bit embarrassing, especially for Dr Mangion who became the Opposition Leader without being the leader of the party.

As such, he is the top party man in the House of Representatives, but at the same time he cannot act as party leader – neither in the House, nor outside.

This has led to anomalous situations, the latest being when last Wednesday Prime Minister Lawrence Gonzi proposed, in Parliament, the setting up of a select committee to deal with what are being described as suggestions to strengthen democracy. The MLP could only reply through a statement, made outside Parliament, by Dr Muscat.

Anglu Farrugia, who has since replaced Dr Mangion as deputy leader for parliamentary affairs, could technically be sworn in as Opposition Leader until Dr Muscat could be appointed to the post once he becomes an MP. But Dr Farrugia, soon after being elected as the party’s number two, chose not to force the issue and proposed that Dr Mangion remains Opposition Leader for the time being until Dr Muscat takes over.

There are several questions that crop up in such an unprecedented situation. Why did Dr Sant choose to stay on as Opposition Leader for nearly three months and then step down hours before the new MLP leader was elected?

More importantly, why did Dr Muscat choose to stay out of Parliament for at least another three months, when his main role now should be that of Opposition Leader?

Dr Muscat said that he has some report to conclude in his capacity as Member of the European Parliament, a report that should be concluded by September. But this means that the party will have to wait that long to go through the process of having him co-opted in Parliament, which means weeks of speculation as to who will be the MP who will give up his seat, a matter that will not help reduce the tension that the party has had to live with since the election defeat.

Since his election, Dr Muscat has dedicated most of his time to meet as many Labour supporters as possible. Nobody can point fingers and say that he is not giving priority to MLP issues.

But, on the other hand, this kind of vacuum is not being beneficial to a party that wants to get going and yet is still hampered from being at full speed. A party leader, any party leader, must be in Parliament, especially when the government is moving ahead with several plans and hot issues such as the privatisation of the shipyards.

By choosing to stay out for at least five months, Dr Muscat has put himself and his party at a disadvantage.