Judge Scerri Herrera Fails To Obtain Two-Thirds Majority For Chief Justice Position

The government’s nomination for Chief Justice failed to secure parliamentary approval on Wednesday after falling short of the required two thirds majority.

The motion, tabled by Prime Minister Robert Abela, received 39 votes in favour and 34 against, meaning it did not pass.

The nominee, Judge Consuelo Scerri Herrera, was at the centre of a tense sitting marked by repeated points of order, interruptions and accusations exchanged between government and opposition benches.

Prime Minister Abela, Opposition Leader Alex Borg and Justice Minister Jonathan Attard all addressed the House during a debate that at times descended into disorder.

During the discussion, Abela claimed that Scerri Herrera had initially been acceptable to the Opposition and alleged that Borg later reversed his position due to internal pressure.

Borg strongly denied this, saying he was prepared to “take an oath there and then” to refute the claim. The Prime Minister went on to argue that the nomination was blocked by what he described as “the PN’s extremist faction”, telling the Opposition Leader, “You were facing a split among your parliamentary group.”

Abela also alleged that Borg had linked his support for Scerri Herrera to the government’s acceptance of the Opposition’s preferred nominee for Auditor General, an accusation Borg rejected.

Defending the nomination, Abela praised Scerri Herrera as “an experienced judge who has been efficient and diligent in her work”, highlighting her managerial skills and her ability to bridge practical and academic expertise. He also cited her age as an advantage, saying it would allow her to serve for many years.

Borg, however, accused the Prime Minister of politicising the role. “The Chief Justice role is not some political game,” he told parliament. “When you mention a judge without a two thirds approval, you are damaging their reputation and the role itself.” He said the Opposition voted against the motion “out of respect for all the judiciary” and insisted there was no constitutional crisis, as the Constitution provides for continuity in the office.

Justice Minister Jonathan Attard also spoke in support of the nominee, questioning the Opposition’s refusal to back her and claiming some Opposition MPs had privately expressed support. “The administration of justice is not a place to wage political battles,” he said.

Earlier on Wednesday, President Myriam Spiteri Debono urged both sides to reach agreement, warning that consensus was essential “in the interest of the Courts and the Administration of Justice, the Rule of Law, the State, and above all our people”.

In a statement issued after the vote, the Labour Party said Borg “did not deny that he was supporting the nomination” during talks with Abela and claimed his position was “dictated by extremist forces”.

The Nationalist Party, meanwhile, accused the Prime Minister of acting “like a bully”, saying the process had humiliated the nominee and calling for “mature politics” and genuine consultation.

Any future appointment will again require cross party backing, as the Constitution mandates a two thirds parliamentary majority for the selection of a Chief Justice.

#MaltaDaily