Repubblika on Friday issued a strong warning against Bill 137, recently published by the government and expected to be passed into law before the summer recess. The NGO argues that this bill will seriously undermine Malta's already fragile framework for fighting corruption by protecting corrupt public officials and weakening victims' rights.
At the heart of Repubblika's concern is Article 1051A of the Civil Code, which currently allows victims of corruption to sue public officials personally for damages. Bill 137 does not formally remove this article but effectively neutralises it. Under the new bill, public officials will no longer face civil liability unless they are first convicted in a criminal court - a rare occurrence in Maltese corruption cases. This change means that victims will now have to sue the State rather than the individual official, and only after a final criminal conviction.
This shift delays justice, raises the burden of proof, and removes the possibility of taking preventive civil actions like freezing assets, the NGO said. It also eliminates any real civil consequences for corrupt officials, who will now be protected unless a full criminal trial results in conviction.
Repubblika argued that this bill makes no distinction between genuine administrative mistakes and outright abuse of power or corruption. Both would be equally protected. As a result, corrupt officials are effectively shielded, while taxpayers - including the victims - end up footing the bill for compensation.
The NGO stressed that this sends a dangerous message: civil accountability applies to everyone except corrupt public officials. It creates a situation where a private sector official can still be sued directly, but a government official who enables or commits corruption cannot - unless found criminally guilty first.
Repubblika insisted it is not opposing protection for public servants who act in good faith or make honest errors. Rather, it is calling for clear exclusions from State protection in cases of corruption, abuse of office, and fraud. The group appeals for the preservation of current civil rights that allow victims to take direct action against wrongdoers.
Bill 137 promotes impunity, erodes democratic accountability, and risks making victims pay twice - first by being robbed, then by covering the losses through taxes, the NGO said. It urged Parliament to amend the bill and consult with civil society before stripping citizens of fundamental rights.