14 Aug Updated : Null, void and illegal PN please note
The fact that political parties in Malta are the most unregulated bodies at Maltese Law puts them almost above the law. This situation is not only greatly detrimental to democracy but is in stark contrast to the situation in all other European countries.
In Germany the Political Parties Act lays down the minimum requirements a political party must observe. No such law exists in Malta. In terms of the German Political Parties Act the disciplinary processes are exercised by the party arbitration tribunals. Under this law all the members of the PN Executive Committee who were the ones acting as prosecutors and judges at the same time, would be disqualified. All of them, just to give an idea of the democratic situation within the party.
In terms of this law, which reflects the state of most other European jurisdictions and legal systems, all disciplinary proceedings against Hon Jeffrey Pullicino orlando, Jesmond Mugliette and myself as well as those in regards to Richard Cachia Caruana are all null, void, without effect and illegal.
If the PN Executive decisions and proceedings are tested in a Court of Law by means of a lawsuit, they would also be declared null,void and illegal due to groos and blatant breach of the Rules of Natural Justice (see Alex Mangion vs Anthony Cilia 20/5/2004 First Hall of the Civil Court per Judge Tonio Mallia)
The Rules of Natural Justice mean that one cannot be a judge in his own cause, and one has a right to a defence.
Wouldn’t it be interesting if you read about this in the ‘independent’ media, if it exists in Malta!
Section 14 of the Law on Political parties (Germany) :
Party arbitration tribunals
(1)Arbitration tribunals shall be set up at least at the level of the party itself and of the top-level regional branches to settle, and decide on, disputes between the party or a regional/local branch, on the one hand, and individual members, on the other, as well as disputes over the interpretation and implementation of the statutes.
(2)The members of the arbitration tribunals shall be elected for a maximum of four years. They must not be members of the Executive Committee of either the party or any of its regional/local branches; nor be employed by the party or any of its branches; nor receive regular income from them. They shall be independent and not be bound by instructions.
(3) The statutes may allow the parties to the dispute, either in general or on a case-by-case basis, to nominate equal numbers of assessors to the arbitration tribunals.
(4) The functions of such arbitration tribunals shall be governed by rules on arbitration procedures designed to guarantee litigants a legal hearing, fair proceedings and the possibility to reject any member of the arbitration tribunal for partiality.
* * * * * * * * * *
When I was unjustly and unlawfuly condemned by the PN Executive, the matter was not on the agenda of the meeting , I was not informed of the matter, and hence I could not have presented my defence> The Executive Committee acted as prosecutor and judge behind my back.
To add insult to injury, it was impossible for me to attend since at the same time I was in parliament finishing off a three and a half hour speech about justice and home affairs reforms, some of which have already been taken ob board by the government. They formed part of my 24 point private motion on extensive reforms in justice and home affairs.
At the same time the PN executive comiitee was condemning me behind my back for disobeying the whip, in the Carm Mifsud Bonnici vote for gross mismanagement in the justice sectro and blocking essential reforms which I had proposed and which after his resignation have beent aken on board by the government.
That is why I contested the condemnation on procedural grounds and also on the merits. I will also be raising the issue of discrimination, vis-a-vis other candidates who have quite some baggage including criminal convictions, and yet have been approved by the same executive committee.
And yes I fully agree with Franciz Zammit Dimech that the party has been overtaken by the phenomenon of individuality. Look at Austin Gatt.
nostradamusPosted at 20:55h, 15 August
xgara mil comment fuq profs laferla, jaqaw bdejna bit triki traki.
Hmar ta' WizuPosted at 13:59h, 16 August
Jekk int il profeta Nostradamus, suppost taf ,u mhux tigi issaqsi lil haddiehor.
Demm NazzjonalistPosted at 20:41h, 15 August
Hmar ta Wizu, does your nick say it all?Jew tnehhew jew sparixxew nahseb.
Hmar ta' WizuPosted at 13:58h, 16 August
Jien forsi hu il Hmar TA Wizu , imma int Hmar taz-Zurbett li hadd ma hu lest li jerfa’ir-risponsabilita’ tal-paternita tieghu.
The commentary is back again AFTER an unexplained disappearance of almost 24 hours.
Gietni kurzita’. dak kollox.
Hmar ta' WizuPosted at 20:20h, 15 August
What happened to this morning’s commentary about Prof Laferla’s statement on the Times?
Demm NazzjonalistPosted at 19:26h, 15 August
Tghamlux martri minn Franco.
SiddarthaPosted at 18:20h, 15 August
Min hu mtektek m’ghandekx tiehdu bis-serjeta’, hlief ghad-danni.
Xi tghidilna, Franc?
Demm NazzjonalistPosted at 21:11h, 15 August
Siddartha, fittex, fittex kemm trid.Verba volant scripta manet.
futurePosted at 19:03h, 14 August
Joseph muscat might become prim minister because lawrence gonzi chose other mediocre personalities to run various ministries and completeley excluding his two biggest assests Franco debono and JPO. No 2 reason hija li halibna bit taxxi u huma hadu 600 ewro zieda fil-gimgha. Issa tuna ic-cejca ta qabel l-elezzjoni, nehduwa meal le, imma xorta ser novvotaw labour bil qalb….
Daf t nePosted at 18:32h, 14 August
Which one is the horse face?
rettPosted at 18:31h, 14 August
no more alienation newspapers. naqbel. din il-blog qeda igibni f’sensija, kemm tmejlu bina. Ghalehekk ihambqu u jistinkaw, huma jiehdu il-=konsulenzi u lilna tawna ik-frakk. No Franco Vore Labour jien ukoll
malliaPosted at 18:28h, 14 August
georg sapiano lil min irid bhala kapo gdid tal-PN
Angus Black MahruqPosted at 17:38h, 14 August
Dan Angus Black li jirkeb il-mutur , ma jmur qatt il-Qorti ghax mimli konsulenzi imbasta iharbex xi haga fuq ordni tas-sindikajra tal-Bidnija?
AlienationPosted at 15:49h, 14 August
What a waste of time and money! ….I spend an euro daily for the Times news paper without getting any salient news.
I am unconsciously financing my own alienation. The Times doesn’t inform it s readers like http://www.francodebono.com
This blog is informative, free and what’s more we can participate. Above all, it does not insult our intelligence.
Yes now I am fully aware that by buying the Times I was financing my own ALIENATION.
Mario allisonPosted at 15:01h, 14 August
I am no lawyer and never studied law, but i have a brain to think, and i am convinced that franco’s condemnation goes against all aspects of human rights, how can the same people who sit on the executive be the judge and jury and pass sentence? How can you condemn a person when you know that deep down he is right and you are only condemning him just because the party says so. Where is the fair trail? How can you condemn in absentia? This is a part of history now and people will condemn the PN for it. Give me a better excuse than the LAME EXCUSE OF HIM NOT TOWING THE PARTY LINE. but remember when in parlament he is a people’s representative .goverment and party do not mix.
Guinness world recordsPosted at 11:55h, 14 August
NEW WORLD RECORD HERMAN SHCIAVONE L IKTAR WIEHED LI HAREG GHAL ELEZJONI U MA TELGHA QATT MIL-1987
Hobbu hobbuPosted at 14:20h, 14 August
Tghidli qalbi li record akbar sejjer jghamel dalwaqt ghax l-art ha jerga jibqa, ahjar taf, ghax il gabbani jnehhuha skont kif inhu gustament jekk hu veru, pero hu ma tantx hu tajjeb bhala membru ghax rajtu , u smajtu u juice ta xejn ma hareg min halqu, il verita hijja verita
Mario allisonPosted at 14:36h, 14 August
Herman dinozawru ta zmien mintoff, il PN jajjar lil PL bid donozawri, ma nahsibx li ha jaccettah ghax ma tantx ghandu fama tajba imkien lanqas l ingilterra. Jekk nista nitkellem f isem il PN ,ahna it tankijiet ma irriduhomx u ha nhalluhom hemm isfel
dolce gabbaniPosted at 11:12h, 14 August
Missu jisthi Herman Schiavone ghamel allegazzjonijiet malafamanti fuqek. Jirringrazja lil alla li inti Franco qalbek tajba. Ghamilt rapport u waqaft hemm u ma tlabtx li jitressaq. Inti Franco qatt m’akwistajt xi gabbana fuq art tal-gvern fix-xatt ta M’xlokk kif ghamlu l-ohrajn. Inti Franco leali lejn il-partit u mhux lejn butek bhal haddiehor. U din x’ossessjoni ghandu u kif ma qatax qalbu, ilu johrog ghal elezzjoni u ma telax mil-1987.
ThornyPosted at 10:25h, 14 August
F’alta ghandna BRAND GONZIPN – Ligijiet ghalina made to measure u Media mhux Indipendenti imma NAZZJONALI(sta) controllata bil-ferghat taghha bir-remote control minn GonziOPM!
vodka mhux tal-eurovisionPosted at 10:04h, 14 August
vera li Daphne Cassar tal-pbs ghandha problema kbira ta alcohol?
Aton (mhux tal-pbs)Posted at 11:07h, 14 August
Int x’jidhollok u johroglok? Kemm qeghdin sew ukoll! Hallu lin- nies jaghmlu li jridu. Problema biex tqum filghodu zgur m ghandiex ghax kuljum kienet tmur ghal programm ta’ joe lackey u pierino l-haxixu
Pierino l-haxixuPosted at 12:02h, 14 August
Pierino neutral…joe l-lackey ma chris said
Hobbu hobbuPosted at 12:08h, 14 August
Lil Joe hallih ghax dak jaqdi tmiru, anzi almenu at least mhux daqshekk biased il program, pero ghadu biased imma hemm Joe , xi naqra verita tohrog through him, fhimt. Dak ghadu sod, s’issa almenu.
Cikku l-popluPosted at 13:52h, 14 August
Vodka, problema vera jew fittizja ta’ persuna privata mhix ta’ dominju pubbliku biex jispekula fuqha.
Joe VellaPosted at 09:40h, 14 August
in german u ttink u remain makin xenati an remaining in party?? go tell the mairnes.
Franco DebonoPosted at 10:03h, 14 August
@ joe vella :
just today someone posted a comment indicating various reasons why ministers resign inj germany and all around europe.
if carm mifsud bonnici resigned as they should have there would have been no xenati from anyone
Joe VellaPosted at 10:52h, 14 August
u say u make xenati? u tink u make xenati in germa ny & do a u wa nt??
Franco DebonoPosted at 11:04h, 14 August
@ joe vella :
i am posting your comments so everyone can continue to appreciate your intentions, your reasons for writing in such a manner and who you are
Pure orgasamsPosted at 11:42h, 14 August
This is no scam. I ask permission by the moderator to print this
each time you write Joe, I shall be posting this comment I had asked you to reply to but which you never did.
JM stands the chance of becoming PM not because of Franco. Joseph Muscat’s trump card is Austin Gatt, Claudio Grech and Manuel Delia
He might become PM only because the normal people of Malta and Gozo ( not the lil elves close the oligarchy) have had enough.
They have had enough of ;
The BWSC power station scandal
The Fairmount Dry Dock scandal
The Arriva scandal
The Mater dei Scandals
The Go land Scandal
The Air Malta Scandal
The Smart City Scandal
The Tuna farm permits
Thee Waste Serve daiy Scandals
The 600 euro rise for themselves
The amounts paid to DCG husband as consultancy
The jobs offered to her son,
The number of people in Brussels at our expnse after creating problems in Malta ( Claudios brother, Andre Carbonaro etc)
SHALL I GO ON?
Thank you Joey for giving me the possibility to reply to you…
Pure orgasamsPosted at 11:44h, 14 August
i invite commentors to add their own reason why Joseph Muscat might become PM.
Grilled Angus BeefPosted at 11:47h, 14 August
hey orgasams that was MY list of Questions!!!
I would add though;
The Tuna Farm permits sold at 7 million
The estates in Sicily and Tuscany reputed to be owned by people who lived in a little flat before moving to the front.
why joe muscat might become pm!Posted at 13:38h, 14 August
Ghax lil john dalli riedu jibghatuh il-habs ghal xejn;
Ghax ma gharfux kemm Franco Debono huwa asset;
Ghax flok raw kif investew f’ JPO, uzawh u kissruh;
Ghax lil Mugliette kienu jaghtu stejjer mhix veritieri dwaru huma stess;
Ghax lil Musumeci riedu jkissruh biex floku jilhaq l-abbati ta’ RCC;
Ghax it-tenders u r-retainers belghuhom kollha dawk li kienu l-elcom;
Ghax PBO bla kukki u jaghmel li jghidulu;
Ghax Gonzi huwa mdawwar bis-sangisugi ghajjurin;
Ghax hallew kollox f’idejn RCC. RCC uza l-poodle jismu Gordon. Dan il-poodle jara kif jikkoordina lil daphne, fr joe. Georg Sapiano. Loo, Peppi and Co u l-Bocca, on condition li jibqghu jibilghu
Grilled Angus BeefPosted at 14:51h, 14 August
prosit Why- keep them coming..
The 1 million a year “wheres’ everybody gets to produce a show on PBS”
The millions given to Loo Bondi and Co to mark EU entrance festivites
Grilled Angus BeefPosted at 15:37h, 14 August
The fiascos in the Eu funding by Dolores Cristinas’ son
The corrupt courts where also the Chief justice thought of joining the gravy train.
The dismantled and shabby Police force
The drug Barons
Go on people keep this lead alive..
Hobbu hobbuPosted at 12:04h, 14 August
We asked the marines already, or told, and they understood that Joe Vella must be pissed like a fart symbolizing a moron we see on TV, belt under the belly with his cronies walking like no one can touch him, a macho man, going in the Dar Centrali , courtesy by his criminal friends opening the glass door for him to charlatan and dictate , obviously convincing the puppet at the helm what sort of plonkers the adversaries are, yet he does not realize he is the pompous village idiot, ( he does know it actually, a good source as to why he is not a PN candidate in the forthcoming elections). A reputation with failure in every finger in the pie he had, administratively. If I initiate the moderator will prevent this comment to be published, the dossier is ever so widespread .
Grilled Angus BeefPosted at 14:33h, 14 August
prosit Why… keep the reason coming so we can show Gonzi PN it was not Franco that created the problem… but THEMSELVES!!!
malliaPosted at 09:40h, 14 August
xinhi r-relazzzjoni bejn dawk li jilghabuwa ta qaddisin, l-politika u l-partit nazzjonalista? thghid is-sigrieti bhal qrar.
Legal EaglePosted at 08:49h, 14 August
In Germany, do MP’s resign from their party if they think the party leadership is corrupt?
Grilled Angus BeefPosted at 09:21h, 14 August
it would be imprudent for an honest member of Parliament who has at heart his country and its people to resign his post if he thought the leader was corrupt.. what his duty would be is to use all his power within and outside of Parliament if convinced his leader is corrupt is to try to dispose of or change the way his leader was acting in the interest of his country and his party.
Malta FallutaPosted at 07:46h, 14 August
kemm qed jiddispjacini li fil-2008 ivvutajt lil PN Oligarkija/klikka. Daphne ghandha hafna x’tara fil-familja taghha, il-haddiehor ma ghandiex xi tridu. Il-blog ta Franco ferm superjuri ghal-taghha
Vinnie McDeggaePosted at 07:32h, 14 August
Prim Imhallef injorant:
Nistghu nghidulu hekk?
Jew huma biss jistghu – u int le? Appuntu, l-artiklu ta’ IM Beck (Andrew Borg Cardona, 2006) jismu:
“Not you, them
What is it about the Mifsud Bonnicis of this world? Do they have a political self-destruct mechanism or something, especially if they are Carmelos of that ilk?
No sooner had he massively teed-off the massed ranks of legal beagles by pointing his finger at lawyers and blaming them for the fact that the law grinds exceedingly slowly its marvels to achieve, than the Parly-Seccy fixed the judiciary in his basilisk-like gaze and started blaming them.
All he needs to do now is put the executive and administrative side of the triangle that operates within the law courts into the firing line and he’ll have got himself a hat-trick. Oh, sorry, I forgot, that particular side of the triangle is immune, since it would be himself he would be immolating, being as he’s responsible for the functionaries that ply their trade down Republic Street way.
The thing is, he’s right, in a way. It is the fault of certain members of the judiciary that things in the courts move with glacier-like speed. It is also the fault of certain lawyers. It is also the fault of certain aspects of the administration.
But what possessed the Hon. Carmelo Mifsud Bonnici to blame first one and then the other for the delays and lay the full blame on both of them, leaving aside a certain lack of logic inherent in that way of doing things in the first place? As the man who is politically responsible for the administration of justice, whether he likes it or not, would it not have been more constructive to bring together the players, in a non-confrontational forum, to establish what is needed to get things moving?
After all, no one, not even a Mifsud Bonnici, knows everything about everything and, frankly, some of the ideas that have been put about border on the ludicrous.
Just to give you a fr’instance or two: who thought up that sublime idea of letting clients apply directly to the Chief Justice to have their judge changed and who, for the sake of all that’s holy, got the notion that lawyers would take kindly to being forced to give free service? Pro bono is something most of them do from time to time, but as free professionals, most of them bridle at being told what to do by their spouses, so you can imagine what they thought of being told what to do by a government that is responsible for providing legal aid in the first place.”
Ex 5 distrettPosted at 06:16h, 14 August
onorevoli, xi tghidilna dwar il-farsa tal-bierah fil-qorti ? Dawk il-hamsa ta’ Marsaxlokk gew jaqghu u jqumu ,imm kulhadd u l-qorti kif thallew jidhlu hekk ?
JosephinePosted at 06:37h, 14 August
Thallew jidhlu hekk ghax dawk tressqu b’arrest, ma kellomx cans imorru d-dar ibiddlu…. iktar naraha farsa jiena kif thallew barra fuq il-bankina jistennew u l-qorti baqghet maghluqa!!!!
Ex 5 distrettPosted at 08:34h, 14 August
Mela f’dak il-kaz il-pulizija ma setghux jigbrulhom tibdila mid-dar ? Meta jafu kif trid tidhol liebes ? Xorta mhux skuza. U halluna !!
JosephinePosted at 06:15h, 14 August
In germany ministers resign over the most petty of irregularities performed by their subordinates, in Malta ministers hang on to power even when they are themselves personally implicated.
1 Mar 2011 – German Defence Minister zu Guttenberg resigns over Phd plagiarism (does it remind you of someone in malta?!)
17 Feb 2012 – German President Wullf – favors scandal! (does it remind you of someone in malta?!)
27 Nov 2009 – Franz Josef Jung, former German Defense Minister resigns over afghan air strike. (at least this didn’t happen in Malta… yet!)
26 October 1966, Minister Walter Scheel (FDP) resigned, protesting against the budget released the day before – (just imagine that happening in Malta!!!!!!!!)