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News • October 10 2004


Government’s decision to ‘rent’ Freeport land for commercial purposes contested

Julian Manduca

Several families are contesting the government’s decision to allow the fifth largest shipping company in the world to use their land claiming that government cannot expropriate land for commercial purposes.
In a court case started several years before the government decided to grant the running of the Freeport to the French CMA CGM the families argued that 31 tumoli of land that government expropriated from them in 1969 was not being used for a public purpose. Defending its position, the Commissioner of land’s argued that the Freeport is a project of public interest, but now the families are even more irate to see that their land will be assisting CMA CGA’s commercial interests.

On 4 February 2000 a court decision had decreed that the Commissioner of Lands was to start proceedings against the Land’s Arbitration Board but the decree was ignored and the families whose land on the Freeport site had been expropriated in 1969 have since instituted Constitutional court proceedings.
The families are now furious because land which they consider their own is now being put at the disposal of the French giants. Although the government is claiming that the ownership of the land remains in the hands of the government, a fact that the families are contesting in court, the recent privatisation deal with the French-owned company is seen by the families as rubbing salt into already deep wounds.
The court case is being brought by Dr Rene Frendo Randon and his daughter Fabrizia and several others including Tonio and Vanni Ganado, Gabriella Pellegrini Petit, Drs Stanley and Philip Farrugia Randon, Roberta and Martin Farrugia Randon, Maria Theresa Gatt, Maria Galea, Rita Buttigieg, Marisa Ellul Sullivan, Maria Paris, Anna Camilleri, Robert, Frances, Maryanne and Hilda Randon, Hugh, Albert, Joseph, David and Godfrey Leone Ganado, Miriam Fenech, Mary Pace and John Balzan, John and Vincent Randon, Anthony Louis Randon and Alexander Randon. The land has been owned by the families since 1840.
According to a report drawn up by court appointed architect Godwin P Abela in August of this year the areas being contested in court include one of 15,736 square metres, or fourteen tumoli, land that in the most part is being used for the stacking of containers with the remaining 500 square metres part of a concession of the Freeport to Medserv Ltd.
Another piece of land measures 12,364 square metres (11 tumoli) of which 4,200 square metres have been incorporated in a development of the offices of the Freeport Centre, parking and circling roads and 7,500 metres are being developed as a storage area, while 600 square metres presently lie outside the Freeport confines, but could be included in the planned Freeport expansion.
According to the architect’s report, another two areas of 6,744 (6 tumoli) and 375 square metres lie outside the area being used by the Freeport but could be included in the expansion being planned.
Farid T. Salem, the CMA group’s chief executive and vice president, who came to Malta for the signing of the deal, was reported as saying that CMA CGM will, in the short term, invest between €7 and €12 million to upgrade the current equipment and pave all the available land for additional container storage.
MaltaToday spoke to Dr Rene Frendo Randon who told this newspaper: “Had fair compensation been offered by the arbitration board at the time, we could have purchased other properties at 1969 prices. Moreover, the property was not expropriated for a social purpose as laid down by the Land Acquisition Ordinance, but for a commercial undertaking where certain companies and business people are making fortunes at our expense.”

 

 

 

 

 





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