PR 04/23 | Court of Appeal confirms Kamra tal-Periti’s decision to suspend perit’s warrant
The milestone judgement reaffirmed a number of critical points of law, including:
- The Council of the Kamra tal-Periti’s legal remit and procedures to oversee disciplinary proceedings as envisaged in the Periti Act, Cap 390, and the Chamber’s regulations thereto are in line with the European Convention on Human Rights and the Maltese Constitution. Disciplinary proceeding conducted by a professional body such as the Kamra tal-Periti composed of peers carrying out investigations and taking disciplinary decisions are indeed in line with Article 6 of the ECHR.
- The directives published by the Kamra are legitimate instruments as they are intended to guide periti to act diligently in line with the art and the profession, consistent with the dignity of the profession.
The judgement also confirmed the rigorous approach employed by the Council in reviewing complaints made by members of the public and in upholding public safety on construction sites.
Since the beginning of the year, the Council has closed eleven cases on a prima facie basis and five formal conduct hearings. It is currently carrying out forty-two prima facie investigations and holding six disciplinary proceedings. A further thirty-three allegations of misconduct are currently pending.
This judgement is only the second such appeal judgement in the Kamra’s history and provides invaluable guidance for the Council to learn from as it seeks to perfect its processes and its decisions to ensure the highest integrity and credibility.
The Council will continue to strive to act diligently and in good faith as it has been doing particularly in recent years to ensure that allegations of misconduct are handled expeditiously and in full observance of the constitutional rights of the parties involved.
