Opposition Leader Alex Borg told The Malta Independent on Sunday last week that he has not yet been contacted about the need to fill two major posts that will require a two-thirds majority vote in Parliament in the coming weeks and months.

Chief Justice Mark Chetcuti will turn 68 in February, and according to the constitution, Judges and Magistrates have to retire once reaching that age. Appointing his successor will require a two-thirds majority vote in Parliament.

As for the Auditor General, A person is appointed for a five-year term, and also needs a two-thirds majority vote in Parliament. Charles Deguara has served in the post for two consecutive terms, and his current term ends in March.

It is difficult to understand why the government has not yet communicated with the opposition about its proposals as to who will take over the roles. Both roles will require MPs from both sides of Parliament to agree to a name. Unlike the appointment process of the Standards Commissioner, there is no anti-deadlock mechanism for either of these posts.

PN Leader Alex Borg told this newsroom that the person who will be found to take up the Chief Justice role needs to be impartial, a person with "no political ties to either side, so the person would be able to do their work in the most impartial way possible."

It was good to hear Alex Borg say that if Prime Minister Robert Abela does not contact him soon, then he would take matters into his own hands and contact the Prime Minister over the Chief Justice role. The government should have proposed some names for the post to the Opposition a while ago, as at this rate if there is disagreement it could see the issue turned into a political football, with one side blaming the other for not being able to find agreement, which is the last thing it should be. It would lead to childish back and forth arguments.

One would expect there to be a bit of back and forth in private between the government and the opposition in terms of the names that will be considered. The government is cutting it close.

"We cannot leave it until the very end," Borg said, stressing that it is a crucial role, "as justice is virtually the backbone of our country's democracy."

Last December, President Myriam Spiteri Debono called on both sides of the House of Representatives to reach consensus on the appointment of a new Chief Justice. Although the Constitution allows the incumbent to remain in office until such a majority is secured, the President cautioned against reliance on this provision. Her plea has not yet been heeded.

Regarding the Auditor General, Borg said: "It is a shame as these issues should not be kept to the last minute. There needs to be a mature and serious bilateral discussion that bears fruit. We need to look at the nation's interest, and not the interest of one political side or another." Borg is right in his statement, there needs to be a mature and serious discussion between the two parties.

Both the role of Chief Justice and Auditor General demand respect from the public at large, and it would be a disservice to their offices if disagreement were to take place at the last minute resulting in political bickering because of a lack of prior discussions. It would send a strong message if, alternatively, both parties were to announce a name together, early, as to who should take up the role, and would further empower the offices in the eyes of the public. The government should commence talks with the Opposition quickly for the latter to come to pass.

On another point, President Myriam Spiteri Debono had, during her Republic Day speech last year, highlighted an anomaly regarding the Auditor General's office that should also be discussed and fixed. The President highlighted that the mandates of the Auditor General and Deputy Auditor General expire simultaneously, describing the situation as an anomaly explicitly discouraged by the Constitution. She noted that the Constitution envisages the Deputy Auditor General stepping in when the Auditor General is absent, a safeguard rendered ineffective if both mandates terminate at the same time.  

Parliament should discuss this issue and find a way to change this.