Joseph Zammit, a 61-year-old port worker, this morning filed a Judicial Protest and a Warrant of Prohibitory Injunction against the Attorney General, Minister Joe Mizzi, Transport Malta, the Ports and Yachting Directorate and the Port Workers Board. This was done after Zammit was informed that he will no longer be able to work as of tomorrow, the day he reaches 62 years of age.

Article 14(1)(a) of the Port Workers Ordinance, Chapter 171 of the Laws of Malta, states that the port workers’ licence is revoked upon them reaching pensionable age, which in Zammit’s case is 62 years. This means that port workers such as Zammit are precluded from retaining their current job upon reaching pensionable age, even though they would like to keep working for a longer period.

Zammit is arguing that the above-mentioned sub-article is in breach of his right to property to a licence which he held for a long period of time, whilst also precluding him from his right to work, with both rights being enshrined in the Maltese Constitution. It is also in stark contrast to recent Government incentives to encourage people to work beyond their pensionable age. He is therefore requesting the Court to grant the Warrant of Prohibitory Injunction in order to stop the Authorities from enforcing their decision to revoke Zammit’s licence.  

The warrant was granted provisionally by the Court (Judge Lorraine Schembri Orland) until a definite decree is given. The case has been appointed to 24 September for the oral submissions of the parties.

The judicial protest and the warrant of prohibitory injunction was signed by lawyers Adrian Delia and Karl Tanti.