Owners of Sta Venera property requisitioned for use as PL club awarded €160,000

The owners of a Santa Venera property that had been requisitioned and allocated to the Labour Party in 1973 have been awarded €161,240 in compensation by a court.

The court also rejected their claim to have suffered breaches of their rights to freedom of expression and association.

The property in Triq il-Kbira San Guzepp had been made the subject of a requisition order in 1967 and was subsequently handed over to the Labour Party for use as a club in 1973.

The party was originally bound to pay an annual rent of Lm45 (just over €100), subsequently revised to Lm164 (€382) in 1987 by the Rent Regulation Board.

This was the second court case filed by the owners, claiming human rights breaches. In 2009, they had been awarded €75,000 in compensation after the First Hall of the Civil Court in its constitutional jurisdiction ruled that they had been denied their right to peaceful enjoyment of their possessions. The court also declared the requisition order to be null.

The amount of compensation was later reduced to €60,000 on appeal in 2010.

But despite the 2010 judgement, the owners were still only receiving a nominal amount in respect of rent, as amended rent laws did not apply to them in view of the fact that the property was used as a political party club.

One of the owners told the court that he was refusing to accept the annual rent €694.79, which was being deposited in court instead.

The applicants argued that they were effectively being forced to provide financial support to a political party against their will.

Mr. Justice Lawrence Mintoff observed that although there was now a rental agreement over the property, the owners had no choice but to accept the Labour party as their tenants, which had already been declared in breach of their fundamental rights. It was also noted that the applicants were not requesting the eviction of their tenants.

The owners’ claims of having suffered a breach of their rights to freedom of expression and freedom of association were dismissed, as they had not demonstrated the manner in which these rights were allegedly being breached.

There was nothing to stop them from expressing their opinions or joining any group, ruled the court, explaining that the fact that the plaintiffs and their predecessors in title had been forced to recognise the Labour Party as their tenant did not interfere with the exercise of those rights.

Upholding the claim with respect to the fundamental right to ownership of property, the court awarded the owners €161,240 in total damages, payable jointly by the Director of Social Accommodation and the State Advocate.

Lawyer Claire Bonello assisted the owners.

Karol Aquilina: 'Labour Party should pay the compensation'

Nationalist MP Karol Aquilina recalled how a few weeks ago, the Court also ordered the Government to pay almost €1,000,000 as compensation regarding a property the Labour Party took in Birżebbuġa to make it its political club.

In light of this the PN stressed that all of the compensation, both in the case of Birżebbuġa and also Santa Venera, should be paid by the Labour Party and not by the taxpayer Maltese

“If even in this case the compensation is paid by the Government, another injustice will be done, this time to the Maltese and Gozitan taxpayer,” said Aquilina.

PN expects the Labour Party to take responsibility for the abuse it has committed, said the MP, and declare that it will be paying the compensation ordered by Court from its own pocket.