I am not writing a blog today. Instead, I prefer calling this an open letter to Government whereby I express my support for, and solidarity with, the De Paule Band Club of Paola. A few weeks ago, the band club lost its appeal, when Judge Ellul confirmed the sentence of the First Instance, wherein the Magistrates’ Court had declared that the band should return its rented premises to its legitimate owners. The band club has up to September this year to vacate the premises. This is a landmark case. Our courts are now ‘leaning’ towards landlords, particularly in cases related to premises rented out according to our old rent laws. It is clear that the club made mistakes and is now paying for them. The Romans had an expression that encapsulates the spirit of this judgement. ‘Dura Lex sed lex’. ‘The Law is harsh, but it is the Law’.
Yet, as one who also lectures on the history of urban growth, I cannot not comment on this situation. More importantly, I cannot remain indifferent to what is happening at Paola and this not because I spent my childhood there or because I studied music at this club under Maestro Francesco Busuttil and his successor Maestro Xuereb. I am stating this because I firmly believe that there is room for an equitable solution to be reached. I do not wish to go into the technical details as to how this solution can be reached, but Government needs to look holistically at this issue. The State cannot ignore the cultural well-being of Paola. Therefore, it cannot remain impartial. The solution should be found in the very complex urban fabric that costitutes one of the most important village squares in Malta. Therefore, the solution needs to bring together the main stakeholders who are active within this confined space of Paola Square.
It is reported in the newspapers that Minister Owen Bonnici has come-up with the idea of enacting laws that deal with these particular situations. In other words, ad hoc laws for situations where clubs are facing eviction because of internal structural alterations that may have been carried out without the owners’ consent in clear breach of the same old rent laws.
However, by proposing here a similar déjà-vu solution previously adopted by Dom Mintoff’s administration, the government is not going to solve the problem. In the 1970s, the government adopted ad hoc solutions regarding the expiry and termination of temporary ground rent leases. This strategy will only procrastinate matters and did not solve the issues. What these band clubs need is an equitable solution to their particular dilemmas. Coming up with ad hoc laws will only generate a legal conundrum. These are clubs and this is why such a legal solution will not solve the problem because clubs have their own particular history.
The 1970s’ changes to the laws granted those individuals occupying such properties the right to remain in these properties and the rent was protected. Eventually, these laws were challenged by owners and rightly so, the courts upheld the owners’ plight. This is why clubs need ’perpetual‘ ownership. This is why I am insisting that ad hoc laws will not solve anything. The problem will end on the backburner only to explode once again in the face of the clubs in the future.
The fact that the De Paule Band Club is witnessing solidarity from all the principal stakeholders of Paola goes to show that government already has a good part of the work done in order to find a solution. There is a general consensus that the De Paule Band Club should be helped by government. Solidarity has arrived from many quarters, including Paola’s indefatigable parish priest, Marc Andre’ Camilleri. The rival band club, Kristu Sultan Band, too has sympathized. The local council and the Hibs Club voiced their serious concern. Times of crises unite communities. This is what is happening in Paola. The community is showing that it can rise to the occasion by defending what it considers a threat to its identity and cultural well-being.
It is heartening to see that a number of government ministers have already given their support. The Opposition is also behind government in this matter. This should bring hope to the inhabitants of Paola. But more than words, government has a moral obligation to help the De Paule Band Club. This moral obligation goes beyond the fact that this is a plea in support of a cultural assocation which is giving its services to the local community. It also goes beyond what the French would call the politics of fun. I don’t think that there is another band club on the Maltese islands that has played a pivotal role in developing our parliamentary system other than the De Paule Club. Next year, Malta will be celebrating its hundredth anniversary of the Sette Giugno as well as the hundredth anniversary of the setting up of the National Assembly which led to the Amery Constitution being granted in 1921; when our Maltese Parliament was born.
The De Paule Band Club participated fully in this assembly. It joined other band clubs of the time to voice its opinon and concerns regarding the local political situation. Probably, few individuals are aware that it is thanks to the De Paule Band Club that Maltese became language of Parliament. Until 1919, the language of the Council of Government in Malta was English and Italian. Maltese was not allowed to be used in the Council’s sittings.
When the members of this Assembly were making their recommendations to the British Government, the members of the De Paule Band Club proposed that Maltese should be one of the official languages of the Parliamentary Assembly. Their recommendation was taken on board. In fact, the use of Maltese was introduced both for Parliament and Senate.
The De Paule Band Club made another historic proposal. In 1945, it accepted to be part of the Constituent Assembly that was working on drafting a constitution. This club pushed for abolishing the Senate. This resolution was again taken on board and the Senate was abolished from Malta’s political system.
I state these facts to dispel the notion that band clubs exist merely to organize band marches and feasts. Indeed, they have a very important role to play in their respective communities. They are also centres where music is taught for a nominal fee and in some clubs, even for free. But they are also harbingers of political and social change. They have been, and are, platforms for important political reforms that have helped shape Malta.
Therefore, when members of this club, together with the Paola community, ask government to help them find an equitable solution, they are not asking for charity. Government has the moral obligation to help. This is a club that contributed to the political formation of Malta as a nation.
For this reason, I appeal to Prime Minister Joseph Muscat and government urging them to ensure that the De Paule Band Club does not lose its premises in Paola Square. I strongly believe that a solution can easily be found within the existing legal framework and the proposed solution should also take into consideration the current urban fabric and cultural set up of Paola.