Ombudsman finds maladministration in TM banner permit procedures – Momentum

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Ombudsman finds maladministration in TM banner permit procedures -MomentumThe Office of the Ombudsman has concluded that Transport Malta failed to adhere to principles of good administration in its handling of permit applications for a political banner by Momentum.

Following a formal complaint by Momentum regarding the restriction of permits for street banners by Transport Malta, the Ombudsman determined that ”significant procedural shortcomings occurred by the Authority. In particular, the Authority failed to clearly communicate the applicable procedures and did not respond to or notify the applicant of a decision.”

Matthew Agius, executive member of Momentum, said, “this case highlights the importance of transparent and accountable procedures within public authorities, particularly where decisions impact political expression and equal treatment.”

He warned that ”this is even more serious when one considers that we currently see Malta is being over taken by continuous government propaganda not just on billboards but all over street furniture across Malta.”

The Ombudsman also found that these failures ”run counter to fundamental principles of good administration, including transparency, accountability, efficiency, and responsiveness. As a result, the complainant suffered an injustice, and the case was classified as an instance of maladministration in terms of Article 22(b) and (d) of the Ombudsman Act.”

The Ombudsman issued a number of recommendations to Transport Malta. These include:

The establishment of a clear and unified policy governing the issuance of banner permits

The introduction of a standardised application form attached to this policy

The development of an online application system to improve accessibility and efficiency

A formal obligation to communicate decisions to applicants, including the reasons behind them

The identification and publication of designated sites where temporary banners may be installed

Momentum concluded by saying that ”the Ombudsman also emphasised that such information should be made publicly accessible to ensure fairness and clarity for all applicants.”

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