Cap. 394 Art. 3Tribunal for the Investigation of Injustices. Cap. 369.

(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*See article 1 of the Act as originally enacted, part of which has been omitted under the Statute Law Revision Act, 1980, and Legal Notice 63 of 1997.

(b) if he is or has been a member of a local council.

(4) Subject to the provisions of this article, 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.

(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) as it applies to a motion under article 97(2) 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 subarticles (4) and (5), 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.