Fired Planning Commission chair threatens to sue government unless reinstated

Architect Simon Saliba, who was removed from his position as Planning Commission chairperson dealing with applications within the development zone has filed a judicial protest arguing that his dismissal was “unjust and illegal.” 

Saliba was removed from his post last November.  

Last July, 11 NGOs had called for Saliba’s removal from his position as Planning Commission chairperson due to his “arrogant attitude and out-dated mindset” which, they said, was obstructing the right to a fair planning process. 

The judicial protest was filed in the First Hall of the Civil Court this morning by lawyer Louise Ann Pulis, against the minister for the Environment, Climate Change and Planning and the Planning Authority. 

It states that Saliba had been appointed by Minister for Transport, Infrastructure and Capital Projects Ian Borg in January 2019, signing a 4-year contract on 22 April that year. Subsequently, the commission was placed under a different ministerial portfolio – that of Environment, Climate Change and Planning. 

Saliba complained that he had been removed as Chairperson “by a unilateral decision…dated 18 November 2020, which was leaked to the media before the plaintiff was even notified.”  

He was then appointed as a supplementary member in the regularisation scheme branch, instead. 
His lawyer argued that insufficient reasons for his removal were given, saying that the “two-line letter” sent to Saliba was “certainly not motivated as prescribed at law.” 

In addition, he said, he had been removed without a parliamentary resolution, arguing that this was required by law, and asserting that he had not fallen foul of any conditions meriting removal as stipulated in the law. 

His lawyer, Pulis, argued that this failure to follow the procedure laid down in the law meant the decision to remove him was ultra vires, or beyond the scope of the powers of the authority which had dismissed him. The lawyer requested a judicial review of the administrative action, under article 469A of the Code of Organisation and Civil Procedure. 

The judicial protest calls upon the defendants to cancel and revoke the decision to remove him or face legal action for damages.