No political or controversial appointments, please

The appointments of new judges or magistrates are almost always a source of controversy in Malta.

In this tiny country where everyone knows everyone, it is not easy to find someone who with some form current or past connection to a political party, and when that link emerges,u8 the nominated individuals are customarily crucified before they even take the oath.

On one hand this shows the strong polarity that will seemingly loosen its grip on these islands, which is a bad thing. On the other it shows that people expect high standards from the judiciary, which is a good thing.

The government now faces the unenviable task of choosing the next Chief Justice. That person will replace Chief Justice Silvio Camilleri, who retires in April.

Justice Minister Owen Bonnici had already told this newspaper that he intends nominate the next Chief Justice “in consultation with the Opposition.” We hope that this will truly be the case, and that the minister does not simply go to the Opposition with a done deal. It is imperative that the next person to fill the

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highest post in the judiciary enjoys support from both sides of the house, and thus, both sides of the country. Speaking on INDEPTH this week, Bonnici hinted that he might break with tradition, in the sense that the next Chief Justice may not be appointed from the ranks of the judiciary.

According to the Constitution, one of the requirements for appointment to the Superior Courts – which include the role of Chief Justice – are an aggregate of 12 years practice as an advocate in Malta or to have practiced as a Magistrate.

This means that the minister cannot nominate someone fresh out of law school. On the other hand several names have been doing the rounds and one would hope that this important post is not given as a consolation prize to some former minister who failed to make the cut in the last general election.

We are speaking here about a very important role. Apart from presiding over the courts, the Chief Justice is also ex officio President of the Court of Appeal, of the Constitutional Court and of the Court of Criminal Appeal, as well as ex officio Deputy Chairman of the Commission for the Administration of Justice and a member on the Judicial Appointments Committee.

So the role cannot be given to anyone. The chosen candidate must be a person who enjoys backing from both sides of the political divide, someone whose integrity is unquestioned and who is beyond all reproach, and, as Minister Bonnici recently stated, someone who has the willingness to lead the judicial sector forward.

It is not an easy task but there are many capable people out there.

This administration was criticised in its first couple of years over some very controversial appointments to the bench but the situation improved with the introduction of the Judicial Appointments Committee.

The system is still not perfect because politicians have still retained a certain level of control over appointments.

One would hope that the choice of next Chief Justice is a fair and wise one – which will lead to the strengthening of the all too important democratic pillar that is the judiciary.