Category: Analysis

  • Fort Chambray: A Bad Deal For Malta

    Fort Chambray: A Bad Deal For Malta

    By Michaela Pia Camilleri obo The Daphne Caruana Galizia Foundation

    “The giving away of Fort Chambray and the surrounding land for the ridiculous amount of Lm10,000 a year… was and still is a scandal for many Maltese and Gozitan people.” This is how former Prime Minister Joseph Muscat described the sale of Fort Chambray before becoming Labour Party leader. Fourteen years later, he endorsed a new transfer to the Gozitan hotelier Michael Caruana.

    Now, the fort and the public are being sold down the river for a third time after parliament approved changes to the concession granted to Caruana in 2005. The changes, rushed through parliament without public consultation, allow him to sell his concession to a group of investors in negotiations over the site, after Caruana failed to honour significant parts of the public concession. 

    Last December, the Planning Authority gave the go-ahead to demolish the only British-era barracks in Gozo to make space for luxurious developments within the Fort. Several NGOs have appealed, and the hearing will be held on 25 March 2025.

     Why was Fort Chambray’s sale a bad deal for Malta?

    The site, covering an area of nearly 100,000 square metres, consists of three designated areas: a hotel area; a residential area; and “other areas”, being historical buildings found on the site, which include only British-era barracks in Gozo; a bakery built by the Order of St John; the polverista, built at the time for storing gunpowder; and the fortifications. 

    An analysis of Caruana’s 2005 contract by the Daphne Caruana Galizia Foundation shows that the PN government of the day, led by Lawrence Gonzi, granted Caruana a lenient contract.

    The agreed price for the land was low, €3.5 million for nearly 100,000 square metres of land, amounting to what would today be around €35 per square metre and an additional sum of around €2,300 per month in ground rent paid over 87 years.

    In 2005, Caruana agreed with the government that they would complete the project in three phases: 

    • Phase 1, which involved the construction of 80 apartments and villas overlooking the Mġarr Harbour area, was completed in early 2007, with the units promptly launched on the market.
    • Phase 2 would include additional villas and apartments, this time overlooking the Gozo Channel.
    • Phase 3 would develop a touristic area with a 6-star hotel.

    However, Caruana stopped investing in the site once Phase 2 was complete, leaving things as they were. 

    When contacted by the Daphne Caruana Galizia Foundation, Caruana said that on 24 January 2005, he settled all the contractual amounts due, as well as all the debts, including those racked up by previous concession owners. He also said that he has never donated to a political party.

    The Daphne Caruana Galizia Foundation’s requests to the Lands Authority and the Lands Minister Stefan Zrinzo Azzopardi to confirm that the payment of the premium of Lm1,500,000 and the annual temporary ground rent of Lm12,100 were all paid by Caruana and that no outstanding payments remained to be paid – were ignored. 

    Did Caruana breach the contract?

    Green: Phase 1, Blue: Phase 2, No colour: Phase 3. Photo: Din l-Art Helwa Ghawdex.

    The contract bound the developer to complete the development of the residential area in two phases: one not later than one year from the date of issue of a planning permit and the other not later than three years.

    While the contract does list penalties of Lm100 (€240) for each day of default in case of failure to complete the development within the time limits, it does not specify a deadline to obtain said permits, meaning that there was never any actual timeline for the project’s completion. 

    After Caruana withdrew his development permit applications, he was able to stop the clock. There were no clauses in the agreement explaining what would happen in such a case. 

    The developer also bound himself to, at his own cost, fully restore and maintain the historical buildings on the site. These buildings have been left in a state of disrepair. 

    The polverista. Photos: Din l-Art Ħelwa Għawdex.

    Regarding the hotel area, Caruana had one year to decide whether to build a hotel or another project. The hotel was never built. However, the contract was very weak, and he was only obliged not to leave the designated hotel area in a dilapidated state. 

    Where does this leave us?

    We are left with several questions. 

    Why did the government, first under the Nationalists and then under Labour, give away valuable real estate so capriciously and with such minimal obligations for the developer? 

    Why were both sides of the House of Representatives so quick to give it up once again instead of fixing past mistakes?

    We asked both the Labour Party and Nationalist Party whether any of the developers ever donated to them. We were met with no response.

    Michaela Pia Camilleri is the Research and Legal Officer for the Daphne Caruana Galiziia Foundation.

  • 0.3% Of Malta’s Magisterial Inquiries Come From Private Citizens — Bill 125 Will Shrink That Number

    0.3% Of Malta’s Magisterial Inquiries Come From Private Citizens — Bill 125 Will Shrink That Number

    By Sabrina Zammit

    Magisterial inquiries have been one of Malta’s few avenues for citizens to seek justice and hold those in power accountable. A new bill threatens to close that door – and recent data shows private citizen-filed inquiries account for just 0.3% of all magisterial inquiries.

    In response to a series of parliamentary questions by MP Amanda Spiteri Grech, Justice Minister Jonathan Attard revealed that only 25 magisterial inquiries were initiated by private citizens between 2017 and 2024, a fraction of the 7,650 carried out by magistrates & initiated by authorities. 

    Private citizen-filed inquiries have led to major investigations and, in some instances, criminal charges into significant scandals, including the VGH/Steward case, 17 Black, the Panama Papers, Electrogas, and the Mozura wind farm deal in Montenegro.

    Bill 125 would drastically limit that ability. It has courted significant controversy and was introduced amid fresh requests for inquiries into Prime Minister Robert Abela’s cabinet members. Critics say that the bill has been rushed through parliament and that the government has been unwilling to engage in public dialogue.

    A vote on the second reading of the Bill will be taken later today. The committee stage will follow, and a final vote will be taken after its third and final reading.

    Data from 2017-2024

    Under the proposed law, citizens must present evidence to the police, not the magistrate, and follow stricter guidelines. This would undermine accountability, especially if authorities fail to act.

    The Bill removes the ‘reasonable suspicion’ standard, introduces a stricter evidentiary requirement, and places magisterial inquiries under the supervision of the Attorney General, which could compromise judicial independence. 

    The government argues that the Bill aligns with recommendations made by the Venice Commission, which stressed it should “not abandon Malta’s legal traditions but evolve to provide more effective checks and balances than those currently in place.” 

    PL MEP Alex Agius Saliba and Minister Attard travelled to Brussels for a series of meetings, including former LIBE Committee Chair Juan Fernando Lopez Aguilar. Agius Saliba has reportedly begun circulating a government-produced ‘fact sheet’ about Bill 125. 

    The Daphne Caruana Galizia Foundation has urged the European Parliament’s Socialist and Democrats (S&D) group to retract their support for the proposed reform.

    Justice Minister Jonathan Attard
    Source: DOI

    Bill 125 Slashes Citizens’ Right to Seek Justice

    Besides eliminating direct citizen petitions and imposing stricter evidentiary requirements, Bill 125 mandates individuals to wait 6 months for police inaction for an initial request for a magisterial inquiry. 

    A two-year deadline is being introduced, after which all collected evidence would be passed onto the Attorney General, regardless of the inquiry’s status. Given the court’s long-standing issue with delays, this could result in a premature conclusive status for incomplete investigations. 

    Another major reform is the introduction of penalties for abuse. If a magistrate determines that the inquiry initiated by a citizen against the accused was “unfounded, frivolous, vexatious or abusive of the judicial process”, the same citizen would be held responsible for covering costs. 

    These expenses could run into the millions—for context, the inquiry into Egrant cost over €1.2 million, while the Vitals exceeded €10 million.