CHAPTER XI
Miscellaneous
Miscellaneous
Actions on validity
of laws.
116.
A right of action for a declaration
that any law is invalid on
any grounds other than inconsistency
with the provisions of articles
33 to 45 of this Constitution shall
appertain to all persons without
distinction and a person bringing
such an action shall not be
required to show any personal
interest in support of his action.
Prohibition of
certain
associations.
117.
(1) It shall be unlawful to
establish, maintain or belong to
any association of persons who are
organised and trained or
organised and equipped for the
purpose of enabling them to be
employed for the use or display of
physical force in promoting any
political object.
(2) The provisions of this article
shall be enforced in such
manner as may be provided by
Parliament.
Broadcasting
Authority.
Amended by:
LVIII. 1974.59.
118.
(1) There shall be a Broadcasting
Authority for Malta
which shall consist of a chairman and
such number of other
members not being less than four as
may be prescribed by any law
for the time being in force in Malta.
(2) The members of the Broadcasting
Authority shall be
appointed by the President, acting in
accordance with the advice of
the Prime Minister given after he has
consulted the Leader of the
Opposition.
(3) A person shall not be qualified
to hold office as a member
of the Broadcasting Authority if he
is a Minister, a Parliamentary
Secretary, a member of, or candidate
for election to, the House of
Representatives, a member of a local
government authority or if he
is a public officer.
(4) A member of the Broadcasting
Authority shall not, within a
period of three years commencing with
the day on which he last
held office or acted as a member, be
eligible for appointment to or
to act in any public office.
(5) Subject to the provisions of this
article, the office of a
68 CONSTITUTION OF
MALTA
member of the Broadcasting Authority
shall become vacant -
(a) at the expiration of five
years from the date of his
appointment or at such earlier time
as may be specified
in the instrument by which he was
appointed; or
(b) if any circumstances arise
that, if he were not a
member of the Authority, would cause
him to be
disqualified for appointment as such.
(6) A member of the Broadcasting
Authority may be removed
from office by the President, acting
in accordance with the advice
of the Prime Minister, but he may be
removed only for inability to
discharge the functions of his office
(whether arising from
infirmity of mind or body or any
other cause) or for misbehaviour.
(7) If the office of a member of the
Broadcasting Authority is
vacant or if a member is for any
reason unable to perform the
functions of his office, the
President, acting in accordance with the
advice of the Prime Minister, given
after he has consulted the
Leader of the Opposition, may appoint
a person who is qualified to
be appointed to be a member to be a
temporary member of the
Authority; and any person so
appointed shall, subject to the
provisions of sub-articles (5) and
(6) of this article, cease to be
such a member when a person has been
appointed to fill the
vacancy or, as the case may be, when
the member who was unable
to perform the functions of his
office resumes those functions.
(8) In the exercise of its functions
under article 119 (1) of this
Constitution the Broadcasting
Authority shall not be subject to the
direction or control of any other
person or authority.
Function of the
Broadcasting
Authority.
119.
(1) It shall be the function of the
Broadcasting Authority
to ensure that, so far as possible,
in such sound and television
broadcasting services as may be
provided in Malta, due impartiality
is preserved in respect of matters of
political or industrial
controversy or relating to current
public policy and that
broadcasting facilities and time are
fairly apportioned between
persons belonging to different
political parties.
(2) The function of the Broadcasting
Authority referred to in
sub-article (1) of this article shall
be without prejudice to such
other functions and duties as may be
conferred upon it by any law
for the time being in force in Malta.
Employment
Commission.
Added by:
LVIII. 1974.60.
120.
(1) There shall be an Employment
Commission for Malta
which shall consist of a chairman and
four other members.
(2) The members of the Employment
Commission shall be
appointed by the President who, in
appointing the chairman shall
act in accordance with the advice of
the Prime Minister given after
he has consulted the Leader of the
Opposition, in appointing two of
the four other members shall act in
accordance with the advice of
the Prime Minister, and in appointing
the other two members shall
act in accordance with the advice of
the Leader of the Opposition.
(3) A person shall not be qualified
to hold office as a member
of the Employment Commission if he is
a Minister, a Parliamentary
CONSTITUTION OF MALTA
69
Secretary, a member of, or a
candidate for election to, the House of
Representatives, a member of a local
government authority, or if he
is a public officer.
(4) A member of the Employment
Commission shall not,
within a period of three years
commencing with the day on which
he last held office or acted as a
member, be eligible for
appointment to or to act in any
public office.
(5) Subject to the provisions of this
article, the office of a
member of the Employment Commission
shall become vacant -
(a) at the expiration of three
years from the date of his
appointment; or
(b) if any circumstances arise
that, if he were not a
member of the Commission, would cause
him to be
disqualified for appointment as such.
(6) A member of the Employment
Commission may be
removed from office by the President,
acting in accordance with the
advice of the holder of the office on
whose advice such member
was appointed, given, where
applicable, as provided in sub-article
(2) of this article, but such member
may be removed only for
inability to discharge the functions
of his office (whether arising
from infirmity of mind or body or any
other cause) or for
misbehaviour.
(7) If the office of a member of the
Employment Commission
is vacant or if a member is for any
reason unable to perform the
functions of his office, the
President, acting in accordance with the
advice of the holder of the office on
whose advice such member
was appointed, given, where
applicable, as provided in sub-article
(2) of this article, may appoint a
person who is qualified to be
appointed to be a member to be a
temporary member of the
Commission; and any person so
appointed shall, subject to the
provisions of sub-articles (5) and
(6) of this article, cease to be
such a member when a person has been
appointed to fill the
vacancy or, as the case may be, when
the member who was unable
to perform the functions of his
office resumes those functions.
(8) It shall be the function of the
Employment Commission to
ensure that, in respect of
employment, no distinction, exclusion or
preference that is not justifiable in
a democratic society is made or
given in favour or against any person
by reason of his political
opinions.
(9) Any person who alleges that any
distinction, exclusion or
preference as aforesaid has been made
or given to his prejudice
may apply to the Employment
Commission, in such manner and
within such time as may be
prescribed, for redress.
(10) Parliament shall make provision
conferring upon the
Employment Commission such powers as
are necessary or
desirable for the purpose of enabling
the Commission effectively to
afford adequate redress and generally
to carry out its function
under this Constitution.
70 CONSTITUTION OF
MALTA
Powers and
procedure of
Commissions.
121.
(1) Any Commission established by
this Constitution
may, with the consent of the Prime
Minister or such other Minister
as may be authorised in that behalf
by the Prime Minister by
regulation or otherwise regulate its
own procedure and confer
powers and impose duties on any
public officer or authority of the
Government of Malta for the purpose
of the discharge of its
functions.
(2) Any Commission established by
this Constitution may act
notwithstanding any vacancy in its
membership or the absence of
any member and any proceedings
thereof shall be valid
notwithstanding that some person who
was not entitled so to do
took part therein.
(3) Any question proposed for
decision at any meeting of any
Commission established by this
Constitution shall be determined
by a majority of the votes of all the
members thereof, and if on any
such question the votes are equally
divided the member presiding
shall have and exercise a casting
vote.
(4) For the purposes of sub-article
(3) of this article, the
references to a member of the
Electoral Commission shall be
construed as including a reference to
the Chairman of that
Commission.
(5) The provisions of this article
shall apply to the
Broadcasting Authority established by
this Constitution.
Resignations.
122.
(1) Any person who is appointed,
elected or otherwise
selected to any office established by
this Constitution (including
the office of the Prime Minister or
other Minister or Parliamentary
Secretary) may resign from that
office by writing under his hand
addressed to the person or authority
by whom he was appointed,
elected or selected.
(2) The resignation of any person
from any such office as
aforesaid shall take effect when the
writing signifying the
resignation is received by the person
or authority to whom it is
addressed or by any person authorised
by that person or authority to
receive it.
Reappointments,
etc.
Amended by:
LVIII. 1974.61;
XXIII. 1989.8;
XVI. 1997.4.
123.
(1) Save as otherwise provided in
this Constitution,
where any person has vacated any
office established by this
Constitution including the office of
Prime Minister or other
Minister or Parliamentary Secretary,
he may, if qualified, again be
appointed, elected or otherwise
selected to hold that office in
accordance with the provisions of
this Constitution.
(2) Sub-article (1) of this article
shall not apply to the office of
President, but shall apply to a
person appointed to perform the
functions of President in accordance
with article 49 of the
Constitution.
(3) Where by this Constitution a
power is conferred upon any
person or authority to make any
appointment to any public office, a
person may be appointed to that
office notwithstanding that some
other person may be holding that
office, when that other person is
on leave of absence pending
relinquishment of the office; and
CONSTITUTION OF MALTA
71
where two or more persons are holding
the same office by reason of
an appointment made in pursuance of
this sub-article, then for the
purposes of any function conferred
upon the holder of that office
the person last appointed shall be
deemed to be the sole holder of
the office.
Interpretation.
Amended by:
LVIII.1974.62;
XXIX. 1979. 2;
XVI. 1997.5.
124.
(1) In this Constitution, unless the
context otherwise
requires -
"Act of Parliament" means any law
made by Parliament;
"the appointed day" means
21st September 1964;
"the Cabinet" means the Cabinet
established by article 79 of this
Constitution;
"the Commonwealth" means Malta, any
country to which article
23 of this Constitution applies and
any dependency of any such
country;
"the Consolidated Fund" means the
Consolidated Fund
established by article 102 of this
Constitution;
"Constitutional Court" means the
Constitutional Court
established by article 95 of this
Constitution;
"financial year" means the period of
twelve months ending on the
thirty-first day of December in any
year or on such other date as
may be prescribed by Parliament;
"Gazette" means the Malta Government
Gazette or any other
official journal substituted therefor
published by order of the
Government of Malta;
"House" means the House of
Representatives established by
article 51 of this Constitution;
"law" includes any instrument having
the force of law and any
unwritten rule of law and "lawful"
and "lawfully" shall be
construed accordingly;
"Malta" means the Island of Malta, the Island of Gozo and the
other islands of the Maltese
Archipelago, including the territorial
waters thereof;
"oath of allegiance" means the oath
of allegiance set out in the
Third Schedule to this Constitution
or such other oath as may be
prescribed by Parliament;
"Parliament" means the Parliament of
Malta;
"public office" means an office of
emolument in the public
service;
"public officer" means the holder of
any public office or of a
person appointed to act in any such
office;
"the public service" means, subject
to the provisions of subarticles
(2) and (3) of this article, the
service of the Government of
Malta in a civil capacity;
"session" means the sittings of the
House of Representatives
beginning when it first meets after
the commencement of this
72 CONSTITUTION OF
MALTA
Constitution or after the prorogation
or dissolution of Parliament at
any time and terminating when
Parliament is prorogued or is
dissolved without having been
prorogued; `
"sitting" means a period during which
the House of Representatives
is sitting continuously without
adjournment and includes
any period during which the House is
in committee;
"the Speaker" and "Deputy Speaker"
mean respectively the
Speaker and the Deputy Speaker
elected under article 59 of this
Constitution.
(2) In this Constitution, unless the
context otherwise requires,
"the public service" includes service
in the office of judge of the
Superior Courts, service in the
office of Auditor General and
Deputy Auditor General, service in
the office of magistrate of the
Inferior Courts and service in the
office of a member of the Malta
Police Force.
(3) In this Constitution "the public
service" does not include
service in the office of -
(i) Prime Minister or other Minister,
a Parliamentary
Secretary, Speaker, Deputy Speaker, a
member of the House of
Representatives, a
member of a Commission established by
this
Constitution;
(ii) save where the holder of the
office is selected
from the public service, an
Ambassador, High
Commissioner or other principal
representative
of Malta in any other country; or
(iii) save in so far as may be
prescribed by
Parliament, a member of any council,
board,
panel, committee or other similar
body
established by or under any law.
(4) For the purposes of this
Constitution a person shall not be
regarded as holding a public office
by reason only of the fact that
he is in receipt of a pension or
other like allowance in respect of
public service.
(5) In this Constitution, unless the
context otherwise requires -
(a) a reference to an
appointment to any office shall be
construed as including a reference to
an appointment
on promotion or transfer to that
office and to the
appointment of a person to perform
the functions of
that office during any period during
which it is vacant
or during which the holder thereof is
on vacation or
unable (whether by reason of absence
or infirmity of
body or mind or any other cause) to
perform those
functions; and
(b) a reference to the holder
of an office by the term
designating his office or by
reference to the provision
of this Constitution establishing
that office shall be
construed as including a reference to
any person for
the time being lawfully performing
the functions of
CONSTITUTION OF MALTA
73
that office.
(6) Where power is vested by this
Constitution in any person or
authority to appoint any person to
act in or perform the functions of
any office if the holder thereof is
himself unable to perform those
functions, no such appointment shall
be called in question on the
ground that the holder of the office
was not unable to perform those
functions.
(7) References in this Constitution
to the power to remove a
public officer from his office shall
be construed as including
references to any power conferred by
any law to require or permit
that officer to retire from the
public service:
Provided that -
(a) nothing in this
sub-article shall be construed as
conferring on any person or authority
power to require
any person holding any of the offices
referred to in
articles 91, 95(6), 100 or 108(1) or
(9) of this
Constitution to retire from the
public service; and
(b) the provisions of this
sub-article shall not apply to any
power conferred by any law to permit
a person to retire
from the public service where that
person has
requested permission to retire from
the public service
on proved medical grounds.
(8) Any provision in this
Constitution that vests in any person
or authority power to remove any
public officer from his office
shall be without prejudice to the
power of any person or authority
to abolish any office or to any law
providing for the compulsory
retirement of public officers
generally or any class of public
officers on attaining an age
specified therein.
(9) Where any power is conferred by
this Constitution to make
any proclamation, order, rules or
regulations or to give any
directions or to make any
designation, the power shall be construed
as including a power, exercisable in
like manner, to amend or
revoke any such proclamation, order,
rules, regulations, directions
or designation.
(10) No provision of this
Constitution that any person or
authority, shall not be subject to
the direction or control of any
other person or authority in
exercising any functions under this
Constitution shall be construed as
precluding a court from
exercising jurisdiction in relation
to any question whether that
person or authority has performed
those functions in accordance
with this Constitution or any other
law.
(11) Where a person is required by
this Constitution to make an
oath he shall be permitted, if he so
desires, to comply with that
requirement by making an affirmation.
(12) Any reference in this
Constitution to a law made before the
commencement of this Constitution
shall, unless the context
otherwise requires, be construed as a
reference to that law as in
force immediately before the
appointed day.
(13) Any reference in this
Constitution to a law that amends or
74 CONSTITUTION OF
MALTA
replaces any other law shall be
construed as including a reference
to a law that modifies, re-enacts,
with or without amendment or
modification, or makes different
provisions in lieu of that other
law.
(14) Where Parliament has by law
provided for the
interpretation of Acts of Parliament,
the provisions of any such
law, even if expressed to apply to
laws passed after the
commencement thereof, shall apply for
the purposes of interpreting
this Constitution, and otherwise in
relation thereto, as they apply
for the purpose of interpreting and
otherwise in relation to Acts of
Parliament as if this Constitution
were an Act of Parliament passed
after the commencement of any such
law as aforesaid:
Provided that, until such time as
Parliament has made provision
as aforesaid, the law applicable for
the interpretation of this
Constitution and otherwise in
relation thereto shall be the law
which was applicable for that purpose
on the appointed day.
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Index of the Constitution of Malta
See also:
Constitution of Malta Act, 1964
