Joe Brincat, the Opposition’s spokesperson on the environment who also sits on the Malta Environment and Planning Authority board, is the lawyer representing a group of Muslims contesting an enforcement order against two makeshift mosques in Qawra and Sliema.
Muslims contesting the enforcement insist that since everyone has a right to invite guests to pray in his own home, no change of use was required for the new prayer centres.
MEPA had issued an enforcement order against Dar tal-Islam on Tower Road, Sliema, in December. The enforcement order was issued against a change of use from a residential home to “a place of gathering.”
A similar enforcement order was issued against an apartment in Qawra in August.
In August, the Labour Party’s news website denounced that the police and MEPA were helpless to stop an “illegal mosque” in St Paul’s Bay.
Maltastar observed that neither police nor MEPA could do much to spare the other residents in the neighbourhood all the noise and commotion that this development had introduced.
But when contacted by MaltaToday, Brincat refused to comment on this case saying that he does not speak on cases involving his clients. He would not even confirm that he was representing the occupants of the mosques.
Brincat denied any conflict of interest by defending clients contesting an enforcement order issued by MEPA, on whose board he serves.
“A conflict of interest only arises if one participates in a decision on a case in which one has a conflict of interest,” Brincat said. “In such cases one has to abstain and refrain from participating in any decision.”
Mowafak Toutoungi – one of the Muslims contesting the enforcement order – confirmed that Brincat was acting as their lawyer. But he insisted that the case was solved after a meeting with MEPA.
“We agreed that everyone has the right to invite guests to pray in his home, and therefore there are no pending problems,” Toutangi said.
A spokesperson for MEPA however denied that any agreement had been reached and confirmed the authority intends to take direct action against the illegalities.
At present, Muslims have only one mosque in which to pray, which is situated in Paola. When contacted in December, Imam Muhammed El Sadi observed that Muslims from localities like Sliema and Bugibba are finding it difficult to come to Paola to say their prayers.
He also highlighted the fact that Muslims need to pray five times a day and that they have to clean themselves before praying.
On that occasion the Imam expressed hope for a solution which respected Maltese law and also the religious need of Muslims.
Apart from the Paola mosque, at present there are four other places for Muslims to pray. These are Dar tal-Islam in Sliema, the other makeshift prayer room in St Paul’s Bay, and two other places of worship, both intended for asylum seekers, located in the Marsa and Safi open centres.
Dar tal-Islam was first served with an enforcement order in 2001. The original notice was issued for change of use of premises into religious activity. The case was mysteriously closed in November 2004 when “no further activities were noted.” In March 2005 Environment Minister George Pullicino told this newspaper that he had advised a senior enforcement officer to proceed carefully on this case because it involved religious sentiments that could be offended.

jdebono@mediatoday.com.mt