The Malta Independent 13 August 2026, Thursday
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PM presses Opposition Leader to state position on Chief Justice nominee; Borg replies

Saturday, 31 January 2026, 18:02 Last update: about 7 months ago

The Office of the Prime Minister on Saturday published a letter sent by PM Robert Abela to the Leader of the Opposition concerning the process for appointing a new Chief Justice.

In the letter, the Prime Minister reiterates his call for the Opposition to clearly state its position on the government's proposed nominee for the post of Chief Justice, Madam Justice Consuelo Scerri Herrera.

Prime Minister Abela referred to a letter sent by the Opposition Leader on 30 January and stressed that the constitutional requirement for a two-thirds majority vote in Parliament for the appointment of a Chief Justice was introduced in July 2020 through Act XLIII of 2020. He noted that this will therefore be the first time a Chief Justice is appointed under this mandatory two-thirds voting mechanism.

On this basis, the Prime Minister rejects the Opposition Leader's argument that there is an established principle or long-standing practice governing such appointments. He argues that no such consistent practice exists, and pointed to a previous instance in which the former Opposition Leader, Bernard Grech, had publicly proposed several names for the role of Commissioner for Standards in Public Life, including individuals who, he claims, were not consulted beforehand.

The Prime Minister emphasised that respect for the judiciary requires decisions to be based on merit, competence, credentials, experience, years of service, and integrity. He warned that disregarding these criteria in favour of what he describes as irrelevant considerations would be unjust, against meritocratic principles, and harmful to the proper administration of justice.

While reaffirming his openness to further discussion, Prime Minister Abela underlined that the government's considered position is that Justice Consuelo Scerri Herrera possesses all the necessary qualities and credentials to serve as Chief Justice. He concludes by stating that, in the interests of responsibility, maturity, and respect, the Opposition is expected to clearly declare its stance on the government's proposed nominee for President of the Court.

In reply, the Leader of the Opposition Alex Borg said he is awaiting a date and time from the Prime Minister to meet and continue discussions on the appointment of the new Chief Justice.

Borg has written once again to the Prime Minister, requesting that, since he is willing to continue the discussion, he indicates a day and time that would be convenient for him to meet.

In the spirit of the gentlemen's agreement and confidentiality that was supposed to exist between the two sides in relation to discussions on a position of such importance, the Leader of the Opposition is not prepared to fall into any attempt to turn this matter into a political football. He is therefore simply awaiting the date and time from the Prime Minister so that discussions may continue in a serious, discreet and constructive manner on who should fill this role.

This is what respect for a position of this nature requires, as well as the sense of responsibility and maturity referred to by the Prime Minister himself in his letter. Nothing more and nothing less, Borg said.

Alex Borg has made it clear that he is ready to meet the Prime Minister at any time to continue the discussions, the PN said in its statement,.

The PM's letter

Alex Borg's letter
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