  TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES  ġ CAP. 394.  1
CHAPTER 394
TRIBUNAL FOR THE INVESTIGATION OF 
INJUSTICES ACT
To make provision for the establishment of an independent tribunal for
the hearing of complaints of certain injustices occurring between  1987  and
1995.
(2nd June, 1997) *
Enacted by ACT VIII of 1997, as amended by Act XVI of 1997.
Short title.
of Injustices Act.
Interpretation.
"the tribunal" means the Tribunal for the Investigation of
Injustices established under section 3 of this Act;
"injustice" has the meaning assigned to it under section 6 of this
Act;
"person aggrieved" means an individual who claims to have
sustained such injustice as is mentioned in section 6 of this Act but
does not include a company or other commercial partnership or an
individual or other person claiming as a shareholder or member of a
company or other commercial partnership, or a group or association
which includes any such company or other commercial partnership;
"public officer" has the same meaning assigned to it by section
124 of the Constitution;
"statutory body" means any corporation or other body corporate
established by law and includes any partnership or body in which
the Government or any one or more of the said bodies aforesaid or
any combination thereof has a controlling interest or had a
controlling interest between the 9th May, 1987 and the 15th May,
1995 or over which the Government or any one or more of the said
bodies or a combination thereof has effective control or had
effective control between the 9th May, 1987 and the 15th May,
1995.
Tribunal for the 
Investigation of 
Injustices.
3. (1) There shall be one or more tribunals, each of which is
to be known as the Tribunal for the Investigation of Injustices and
each consisting of a chairman, appointed by the President of Malta
acting on the advice of the Prime Minister.
(2) The chairman shall be a person who holds, or has held the
office of a judge or of a magistrate in Malta or who has practised as
an advocate in Malta for periods amounting in the aggregate to not
less than twelve years; provided that an advocate appointed as
chairman of the tribunal shall not be allowed the private practice of
his profession.
* See  section 1 of the Act as originally enacted, part of which has been omitted under
the Statute Law Revision Act, 1980, and Legal Notice 63 of 1997.
  2  CAP. 394. ħ   TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES
(3) A   person shall not be qualified to hold office as chairman of
the tribunal -
( a ) if he is or has been a member of or a candidate for
election to the House of Representatives; or
( b ) if he is or has been a member of a local council.
(4) Subject to the provisions of this section, the office of
chairman of the tribunal shall become vacant:
( a ) at the expiration of the term for which the tribunal is
appointed;
( b ) if any circumstances arise that, if he were not
chairman of the tribunal would cause him to be
disqualified for appointment as such;
( c ) in the case of a chairman who is a judge or magistrate
on his ceasing to be a judge or magistrate and in the
case of a chairman who is not a judge or magistrate if
he resigns his office by letter to the President of Malta.
(5) ( a ) The chairman of the tribunal shall not be removed
from his office except by the President of Malta upon
an address by the House of Representatives supported
by the votes of not less than two-thirds of all the
members thereof and praying for such removal on the
ground of proved inability to perform the functions of
his office (whether arising from infirmity of body or
mind or any other cause) or proved misbehaviour.
Cap. 369. ( b ) The provisions of the Commission for the
Administration of Justice Act shall apply,  mutatis
mutandis ,   to a motion as is referred to in paragraph ( a )
hereof as it applies to a motion under subsection (2) of
section 97 of the Constitution.
(6) If the office of chairman of the tribunal is vacant or if, for
any reason, he is unable to perform the functions of his office, the
President of Malta acting on the advice of the Prime Minister may
appoint a person who is qualified to be appointed chairman of the
tribunal to be a temporary chairman of the tribunal, and any person
so appointed shall, subject to the provisions of subsections (4) and
(5) of this section, cease to be such a chairman when a person has
been appointed to fill the vacancy or, as the case may be, when the
chairman who was unable to perform the functions of his office
resumes those functions.
(7) The chairman of the tribunal may be challenged or shall
abstain in the same circumstances as a judge of the superior courts;
and in any such case the registrar of the tribunal shall assign that
case to another tribunal whenever such other tribunal is in office,
so however that where only one tribunal is in office or when
abstentions or challenges are raised in all the tribunals in office, the
President of Malta acting on the advice of the Prime Minister shall
appoint a person qualified for such appointment to be chairman of
the tribunal for the particular case or cases in respect of which the
chairman has been challenged or has abstained.
  TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES  ġ CAP. 394.  3
(8) A person other than a judge or magistrate appointed as
chairman of the tribunal shall during the tenure of his office enjoy
the same salary, allowances and benefits of a judge of the superior
courts.
Term of the 
tribunal.
4. The term of the tribunal shall expire on the expiration of
four years from the coming into force of this Act:
Provided that the said term may, at any time before its expiry,
be extended by resolution of the House of Representatives for a
further period or periods each of not more than one year.
Application of the 
provisions of this 
Act.
5. (1) Subject to the provisions of subsection (3) of this
section this Act applies to the Government, and to any statutory
body as defined in section 2 of this Act (hereinafter in this Act
referred to as "the persons to whom this Act applies").
(2) In this Act, reference to the Government includes a
reference to any Government department or other authority of the
Government, any Minister or Parliamentary Secretary, any public
officer and any member of, or servant of, an authority of the
Government. Reference to a statutory or other body includes a
reference to any director, member, manager or other officer or
servant of such body.
(3) ( a ) This Act does not apply to the persons or bodies listed
in Part A of the First Schedule to this Act.
( b ) This Act shall not apply to the bodies listed in Part B
of the First Schedule to this Act, unless proof to the
satisfaction of the tribunal is produced showing that all
available means of redress have been exhausted.
( c ) The Prime Minister may by order in the Gazette
amend, vary or substitute the lists in Part A and Part B
of the First Schedule to this Act. No order under this
paragraph shall have effect unless it is approved by a
resolution of the House of Representatives.
( d ) The tribunal shall not entertain a complaint that
requires the investigation in respect of such action or
matter as is described in Part C of the First Schedule of
this Act.
(4) This Act shall not apply to any act or omission occurring
before the 9th May, 1987 or after the 15th May, 1995.
Powers of the 
tribunal.
6. (1) The tribunal shall have the power to hear and
determine any written complaint made by any person who claims to
have sustained injustice in consequence of any undue distinction,
exclusion or preference which has been made or given to his
prejudice, or of any disability or restriction to which he has been
subjected, by any action taken by any person to whom this Act
applies in respect of any of the following:
( a ) appointments, promotions or transfers of public
officers;
( b ) appointments, promotions or transfers of members,
  4  CAP. 394. ħ   TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES
officers or employees of any body established by law;
( c ) recruitment for employment;
( d ) licences or permits required by law;
( e ) any other matter which may be approved by resolution
of the House of Representatives.
Cap. 320.
(2) Notwithstanding the provisions of subsection (1) of this
section, the tribunal shall decline to exercise its powers under this
section in any case where a complaint thereon has been
investigated by the Commission set up under the Investigation of
Injustices Act or action has been taken on the matter before a court
of law.
Procedure. 7. (1) Complaints before the tribunal shall be made by
application substantially in the form set out in the Second Schedule
to this Act.
(2) The application shall contain a statement as to the facts on
which it is based, and shall be accompanied by:
( a ) a list of witnesses together with their full address
stating in respect of each of them the proof by the
testimony of each witness it is intended to establish by
their evidence; and
( b ) any document in support of the application.
(3) The application together with the said list and documents if
any shall be filed in the Registry of the tribunal during the time in
which the Registry of the Superior Courts is kept open. A copy of
the said application, list and documents if any, shall be served upon
the person to whom this Act applies against whom the complaint is
directed (hereinafter referred to as "the respondent").
(4) The respondent shall file a reply in the said Registry by not
later than twenty days of the receipt of the application. The reply
shall contain:
( a ) a statement of the fact upon which the respondent
bases his rebuttal of the claim and shall be accom-
panied by a list of his witnesses together with their full
addresses stating in respect of each of them the proof it
is intended to establish by his evidence; and
( b ) any document in rebuttal of the claim.
The reply, lists and documents shall be served on the complainant.
(5) After the lapse of the period referred to in subsection (4)
the tribunal shall fix a date and time for the hearing of the
complaint. This date and time is to be notified to the complainant
and the respondent by the registrar who shall also issue the
necessary summons for the hearing of witnesses. On that day the
tribunal shall hear, under oath, the evidence of the complainant and
the respondent as well as that of the other witnesses; the
complainant and the respondent shall then make their submissions
to the tribunal.
(6) During the hearing the parties may be assisted by a lawyer
  TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES  ġ CAP. 394.  5
or legal procurator or any other person who enjoys their trust:
Provided that no person may claim fees for assisting a person
before the tribunal which are higher than those which may be
charged by an advocate for the same service.
(7) Every such hearing shall be conducted in public.
(8) The tribunal shall give the parties a fair hearing within a
reasonable time.
(9) ( a ) The decision of the tribunal shall be delivered in
public.
( b ) In its decision the tribunal shall decide whether the
complaint is justified and in arriving at its decision it
shall take into consideration the laws, regulations or
provisions of the Estacode in force at the time of the
act or omission upon which the complaint is based.
( c ) Where the tribunal decides that the complaint is
justified in whole or in part, it shall, subject to the
provisions of paragraph ( d ) hereof, recommend redress
in kind, bearing in mind the laws, regulations and the
provisions of the Estacode as are in force on the date
of the recommendation.
( d ) Where in accordance with such laws, regulations or
provisions of the Estacode it is not possible for the
tribunal to order redress in kind, the tribunal may
recommend the payment of compensation which shall
in no case exceed the sum of five thousand liri.
( e ) The decision of the tribunal shall be final and no
appeal shall lie therefrom.
(10) It shall be the duty of the registrar to ensure that the
decision of the tribunal be sent to the Prime Minister within ten
days of its delivery.
(11) It shall be the duty of the Prime Minister to implement the
recommendations of the tribunal by setting up such procedures and
giving such directives as are necessary for the implementation of
the said recommendations.
Cap. 12.
of Organization and Civil Procedure shall not apply to any
proceedings before the tribunal.
(13) The Minister responsible for justice may by regulations
establish the fees payable to the Registry of the tribunal.
Summoning of 
witnesses and 
administration of 
oaths.
8. (1) The tribunal shall have power, exercisable through its
chairman -
( a ) to summon witnesses;
( b ) to administer the oath to any witness and require him
to give evidence.
(2) Summonses for attendance of witnesses shall be in the form
set out in the Second Schedule to this Act, and shall be signed by
  6  CAP. 394. ħ   TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES
the registrar of the tribunal.
Cap. 12.
(3) The provisions relating to service under Title IV of Part I of
Book Second of the Code of Organization and Civil Procedure shall
mutatis mutandis  apply to the service of summons under this Act as
well as to the service of complaints, replies, lists and other
documents referred to in section 7 as well as any other Acts filed by
the parties or issued by the tribunal.
(4) Any person summoned as aforesaid who refuses, or without
sufficient cause fails, to attend at the time and place mentioned in
the summons, or refuses, without sufficient cause, to answer or to
answer fully and satisfactorily, to the best of his knowledge and
belief all questions put to him by or with the concurrence of the
tribunal, or refuses or fails, without sufficient cause, to produce any
document he was required to produce by or with the concurrence of
the tribunal, shall be liable, on conviction, to a fine ( multa ) not
exceeding five hundred liri or to imprisonment not exceeding three
months, or to both such fine and imprisonment:
Provided that, notwithstanding the generality of the
provisions of paragraph ( b ) of subsection (1) of this section, no
person giving evidence before the tribunal may be compelled to
answer any question which tends to expose him to any criminal
prosecution, and every such person shall, in respect of any evidence
given by him before the tribunal be entitled to the same privileges
to which a witness giving evidence before a court of law is entitled.
(5) Proceedings in respect of any offence against this section
shall be instituted at the instance of the Attorney General.
Period of 
complaint.
9. A   complaint made under this Act shall not be entertained if
it is made after the lapse of six months from the date of the coming
into force of this Act.
Report. 10. The tribunal shall, every six months starting from the date
of commencement of this Act, make a report of its decisions to the
House of Representatives; such report shall be submitted by the
registrar to the Speaker who shall cause it to be brought to the
notice of the House of Representatives.
Registrar and other 
staff of the 
tribunal.
11. (1) There shall be a registrar to the tribunal who shall be
vested with the responsibility for the administration of the office of
the tribunal, and who shall ensure a fair distribution of duties
between the various chairmen by assigning to them the applications
filed as aforesaid as far as may be by rotation in accordance with
the date of filing of the applications, so however that the registrar
may in his discretion take into account the subject matter of each
application so as to ensure that applications of the same nature are,
as far as may be, dealt by the same tribunal.
(2) The registrar shall be a person appointed by the Prime
Minister or a public officer designated by the Prime Minister to
perform the functions of registrar.
(3) The tribunal shall have such other staff as the Prime
Minister may deem necessary and appoint or designate as
aforesaid.
  TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES  ġ CAP. 394.  7
Oaths of allegiance 
and of office to be 
taken by the 
chairman.
12. (1) The chairman, including a temporary chairman shall,
before entering on the execution of his office, take, before the
President of Malta, the oath of allegiance set out in the Constitution
of Malta and the following oath: 
Oath of Office
I ....................................do swear that I will faithfully
perform the duties of chairman of the tribunal for the Investigation
of Injustices without favour or partiality, according to justice and
right, and in accordance with the laws and customs of Malta, to the
honour of God and the Republic of Malta, and that I will not hold,
either directly or indirectly, any communication with any
complainant or respondent in any case before the said tribunal, his
advocates or legal procurators, or with any other person on behalf
of such person, in regard to any application pending or about to be
filed in the said tribunal, except in the tribunal in public hearing
saving the cases expressly provided for by law; and that I will
disclose in the tribunal and make known to the President of Malta
any such communication as may be made to me. And I do further
swear that I will not act, either directly or indirectly, as an
Advocate, or arbitrator, nor give in any case counsel or advice to
any person in regard to any complaint already entered or to be
entered in the said tribunal, saving the cases excepted by law,
without the permission of the President of Malta first had and
obtained upon an application to that effect. So help me God.
(2) Where any communication as is referred to in the form of
oath contained in subsection (1) of this section consists in an
anonymous letter or in a letter the writer whereof cannot be readily
identified, or where any such communication contains insulting or
offensive expressions, the chairman need not read out the
communication but may instead during a public hearing disclose
the fact of such receipt and shall in any case make the content
thereof known to the President of Malta.
Chairman not to be 
called to give 
evidence.
13. The chairman of the tribunal shall not be called upon to
give evidence in any proceedings, on matters coming to his
knowledge in the course of any proceedings in connection with any
complaint under this Act.
Expenses of 
administration.
14. Any salary or expense payable in carrying this Act into
effect shall be defrayed out of the Consolidated Fund without any
further appropriation other than this Act.
Provisions of Code 
of Organization 
and Civil 
Procedure to apply. 
Cap. 12.
15. Subject to the provisions of this Act, the provisions of the
Code of Organization and Civil Procedure relating to practice and
procedure before the Civil Court shall  mutatis   mutandis  apply to
the practice and procedure before the tribunal.
  8  CAP. 394. ħ   TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES
Amended by:
XVI. 1997.8.
FIRST SCHEDULE
(Section 5)
PART A
The President
The House of Representatives
The Cabinet
The Judiciary
Any tribunal constituted by or under any law
The Commission for the Administration of Justice
The Electoral Commission
The Malta Broadcasting Authority
The Employment Commission
The Permanent Commission against Corruption
The Commission for Investigation of Injustices
The Attorney General in the exercise of the powers referred to in
subsection (3) of section 91 of the Constitution
Any Counsel or Legal Adviser to the Government acting in such a
capacity
The Auditor General in respect of the functions under subsections
(5) and (8) of section 108 of the Constitution
The Armed Forces of Malta except as provided in Part B hereof
The Security Services.
PART B
The Public Service Commission
The Armed Forces of Malta in respect only of appointments,
promotions, transfers, pay and pension rights of officers and men of
the Force.
PART C
Matters not subject to Investigation.
1. Any matter certified by the Prime Minister to affect the
internal or external security of Malta.
2. Action taken in matters certified by the Minister
responsible for foreign affairs to affect relations or dealings
between the Government of Malta and any other Government or
any international organisation of States or Governments.
3. Action taken by the Minister responsible for justice under
the Extradition Act (Cap. 276).
4. The commencement or conduct of civil or criminal
  TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES  ġ CAP. 394.  9
proceedings before any court of law or any tribunal in Malta, or of
proceedings in respect of military offences under the Malta Armed
Forces Act (Cap. 220) or of proceedings before any international
court or tribunal.
5. The exercise of the power of the Prime Minister under
section 515 of the Criminal Code (Cap. 9).
6. Any criminal investigation by the Police.
SECOND SCHEDULE
(Section 7)
A. Application for complaint
In the Tribunal for the Investigation of Injustices
AB 
(complainant)
 versus
CD 
(respondent)
Application of   AB
Respectfully states:
That between the 9th May, 1987 and the 15th May, 1995 and
more precisely on or around the..............................(state date) he
suffered injustice in that he was......................................(state here
the undue distinction, exclusion or preference which has been made
or given to the prejudice of complainant or the disability or
restriction to which he has been subjected).
That the facts of the case were briefly as follows .........................
........................................... (state briefly facts of case).
That he intends to produce in support of his complaint the
witnesses shown in the attached list which shows with respect to
each witness the facts that the complainant intends to prove by his
testimony.
The applicant therefore humbly requests this tribunal to hear and
determine this complaint in accordance with the Tribunal for the
Investigation of Injustices Act, 1997, and to grant me redress by
ordering........................................................ (state here form of
redress possible), or where such redress is not possible to order the
payment of compensation to me in the sum of
................................... (state sum which may not exceed Lm5,000).
Signature of complainant
or person on his behalf
Address of complainant.
Address of respondent.
  10  CAP. 394. ħ   TRIBUNAL FOR THE INVESTIGATION OF INJUSTICES
(Section 8)
B.  Summons to Witness
The Tribunal for the Investigation of Injustices Act, 1997
To A.B. (name of person summoned and his address)
You are hereby summoned to appear before the above
tribunal at (place)
on (date and time)
and to give evidence respecting
(the matter of the inquiry).
Given under my hand this day of 
(Signature of Registrar).
