Justice is blind they say but how much does it cost you? The greatest cost incurred by Maltese Law Courts is time. I am not delving into the logistical nightmare of getting to Valletta on time and past the Law Courts’ security scanners.
When one manages to find the correct hearing room, one finds multiple hearings scheduled at the same time and date as yours. One can only accept the feeling of helplessness which tells you that you will have to wait a couple of hours before you manage to get your court duties done. Of course, one cannot not mention lawyers elbowing their way through a crowd of lawyers to see what time their case will be heard. The question comes naturally: will it ever be possible to have an exact time when your case will be heard? With all the iPads, iPhones, emails, eGov and the lot, isn’t it about time that a serious IT system is set up to organise court hearing times?
However, one must say, that some cases do not even make it to court as the person concerned is never found to be notified about the case hearing. I had a case myself when a person owing thousands was not found to be notified. When I myself came across the person and gave him a copy of the notification, my lawyer was quick to point out that my notification was not valid as it is court staff that has to notify him. In the meantime, years are passing and the person is still not being notified and it seems the money due will be lost forever. What justice is this?
The consumer tribunal is another arm of the justice regime in Malta. The Consumer Affairs Department does a very good job of telling consumers about their rights. However, some think that they can use the consumer tribunal as a way to take advantage of honest sellers. I have personally come across a customer, to whom the Consumer Affairs Department told that she had no valid case, but this customer went ahead and submitted the case to the consumer tribunal – the Consumer Protection Department cannot stop a person from opening a case in front of the consumer affairs tribunal. Thus, another visit to blessed Valletta is necessary even though it is amply clear that the customer is not right.
The judicial system in Malta needs a thorough review. However, one must mention the steps already taken to improve things by the present administration. The Justice Reform Commission headed by Judge Giovanni Bonello has presented 135 recommendations for reform. Claims under €3,494 can now be filed before the Small Claims Tribunal through an online form. This government also legislated so that politicians and others involved in political corruption will no longer be able to invoke prescription when cases land in court.
It is a pity that further reform of the judicial system is being slowed by energy being wasted on, for example, explaining the Individual Investment Programme to the European Commission even though citizenship is of national competence. Unfortunately, we have an Opposition that, instead of working to improve the living conditions of the Maltese, spends its time discrediting, through lies, the Maltese government with the European Commission and numerous European parliamentarians. However, finally it is official that the European Commission has given the green light to the Individual Investment Programme. This government has managed to convert a great idea into money which will benefit all Maltese and not just a handful, as continually happened under the previous administration.
Fleur Vella is a Labour Party candidate in the European Parliament elections. She read an Honours Degree in Economics and a Masters in Business Administration from the University of Malta. She worked for five years with the civil service on Malta’s negotiations with the EU. She has now worked for seven years with a local micro enterprise. She can be contacted on [email protected].