The Malta Independent 13 August 2026, Thursday
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PN proposes legislative fix to break Chief Justice stalemate; PL replies

Saturday, 28 February 2026, 14:31 Last update: about 7 months ago

Opposition Leader Alex Borg has proposed the introduction of new legislation establishing an anti-deadlock mechanism for the appointment of the Chief Justice.

In a short video published on Facebook, Borg outlined two proposals aimed at resolving the current impasse. First, he suggested that the incumbent Chief Justice should remain in office until agreement is reached. Second, he said that the nomination process should be regulated by fresh legislation incorporating "some form of anti-deadlock mechanism" to be agreed upon by both sides of the House. He added that this proposal would be included in the Nationalist Party's next electoral manifesto.

The appointment of a Chief Justice requires a two-thirds parliamentary majority, a safeguard introduced to ensure cross-party consensus on the head of the judiciary. A similar proposal for an anti-deadlock mechanism was put forward last week by Justice Minister Jonathan Attard, who also suggested legislative changes to prevent institutional paralysis if no agreement is reached.

On Saturday, Borg criticised the government and Prime Minister Robert Abela over their handling of the situation. He accused Abela of disrupting the appointment process for partisan purposes and of presenting inconsistent arguments. Borg claimed the government has failed to respond clearly to the names proposed by the Opposition, alleging that instead of accepting or rejecting candidates, it merely countered with alternative nominations.

Borg also referred to a five-page letter sent by one of the Opposition's nominees for Chief Justice, Judge Lawrence Mintoff. In the letter, seen by MaltaToday, Mintoff states that he was summoned to a meeting at Auberge de Castille by the Prime Minister on 11 February to discuss the appointment. Borg said the contents of the letter took him by surprise and reiterated that he has never met any member of the judiciary regarding the post.

In reply, the Labour Party said Borg  is finally agreeing with the Government on the need for an anti-deadlock mechanism in the process of appointing a Chief Justice.

It was Prime Minister Robert Abela himself who, in recent days, stated that there should be an anti-deadlock mechanism in this process, after the Nationalist Opposition had blocked its introduction back in 2020. Abela also stressed that until such a mechanism is introduced, the situation in the country’s courts remains normal, under the leadership of Chief Justice Mark Chetcuti.

If Alex Borg wants to be taken seriously on this issue, he should discuss this much-needed law now, rather than waiting for the general election to pass, the PL said.

In six months, Alex Borg has already lost control of his party. He ended up rejecting two Government nominations without providing a valid reason. If he truly has the national interest at heart, he should, without delay, distance himself from the extremism that has taken hold of him and agree with the Government on the anti-deadlock mechanism, the PL said.

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