
The idiotic
Divorce debate which has - as so often has occurred in the past - remerged
recently is the fruit of hypocritical minds that to protect their outward
interests in our country from time to time indicate to us that we are
being governed in a dictatorial democracy. This type of democracy runs
counter to the Malta Constitution, violates the European Convention of
fundamental individual rights and their basic freedoms, is clearly opposed
by the rest of the European Union [ a few thousand vis - a`- vis 499,800,000
European Union citizens - what arrogant audacity ! ] and is a frontal
insult to us Maltese who since April 2004 are equally European Union citizens
and have every right to be treated as the rest of the EU citizens are
respectfully accorded their basic rights in each of the remaining 26 EU
full Member States.
Our political leaders are not dim-witted as they are very much aware of
the realities prevailing in our country, but they are hypocrites who to
protect their parliamentary seats and their political parties` interests
are prone to scratch heavily the backs of an autocratic institution in
our country which though decrepit and corrupt still manages through misled
spiritual manipulation to influence the more ignorant elements of our
electorate. The liberated among us should see to it that they will not
vote for these two political parties who do not have the overall interests
of the political sovereign in our country, that is the thousands who in
practice have de facto dissolved their respective marriages and are through
no fault of their own living their own lives run by their own particular
rules!
In
our country, foreign Divorce Judgements and / or Decrees have been recognized
since the coming into force of our Marriage Law in 1975, thanks to a governing
Administration which truly had the overall interests of our people at
heart ,even though that enactment did not go to the finishing line , namely
of having a local procedure whereby the local inhabitants could obtain
a Divorce in their own country ! The only way to dissolve a Marriage in
my country is by Civil or Ecclesiastical Annulment though the latter is
obtained through a Tribunal that does not follow our Laws and in a true
Democracy that practises the Rule of Law, it should never be recognized
in our jurisdiction: give unto the State what belongs to the State, and
to God what appertains to God ! Hence in reality, for the ordinary, liberal
citizen, the only manner to dissolve a marital union is by a Civil Annulment
which means that the Civil Court must be convinced that that Marriage
in the light of a set of rules had never existed – try and explain
that piece of legal nonsense to 499, 700, 000 million EU citizens approximately
!
The Nationalist Administration in 1995 betrayed the sovereignty of the
Maltese people and the constitutional independence of our Civil Courts
of Justice when in conjunction with the Catholic Curia , the Marriage
Act was hideously amended to put the Catholic Curia in a privileged position
insofar as Marriages contracted in accordance with Catholic rites were
concerned , so that an individual marrying in accordance with the Catholic
Church rites may legally be impeded from dissolving a marriage by our
Civil Courts, if the other spouse determines to legally block this manoeuvre
by instituting an ecclesiastical annulment procedure before a foreign
tribunal : where is the question of sovereignty here as raised by the
Government-controlled Department of Information in a public statement
issued on Friday, January 5th, 2007, and quickly taken up on the following
day as a personal opinion in another newspaper obviously very close to
the Government of the day ? Why this arrogant audacity by these social
idiots who apparently innately believe that the electorate are as idiotically-manipulated
as themselves ?
Discrimination is being dictatorially imposed against my people as no
Government in a true democracy has a right to deny its people what other
EU citizens a priori take for granted. MALTA is the laughing stock of
Europe and the European Union should impose sanctions against my country,
even though I write this last comment with a heavy heart. This political
hypocrisy must be halted. It has got nothing to do with our sovereignty,
as one illustration just referred to amply indicates. Our matrimonial
regime is in utter chaos because of lack of local divorce procedures :
Malta has the highest incidence rates proportionally of de iure separations
and a most chaotic state of affairs by the numerous de facto separations,
countless cohabitations , and adulteries that are consequently committed
in direct violation of our law……but what do our politicians
care of these grave, horrendous injustices being perpetrated against my
people, as long as these politicians` avaricious and egotistical crave
for power is satisfied……to hell with people ` s rights : evidently
an intolerable situation that the European Union cannot permit to reign
any further in our democratic country. Again, therefore , let the Department
of Information go itself to hell [ and whoever wrote that idiotic statement,
even if that statement was agreed upon over some lunch by the figuring
heads drafting it ! ] when it relates to the sole discretion of the respective
member state !
Marriage is a personal matter: if it does not work out, for whatever the
reason, the couple must determine how to terminate peacefully that union.
If they cannot come to terms, then their country has to provide the remedy
how that union is to be dissolved. That is all there is to it….the
politicians do not come into the argument at all [ most of them have enough
snakes & ladders in their own private lives ], the Catholic Curia
cannot interfere by God `s Order into the internal affairs of a sovereign
State and the free, private rights of the individuals in that State, and
the Department of Information had better put its head in a rubbish heap
because that is where it belongs! So when will the time come that a local
couple be entitled to declare locally that they want a Divorce, as all
other couples in the rest of the European Union can easily do : if we
are now full members of the European Union, it is not definitely the Department
of Information that will determine how local couples are to conduct their
own private lives !
What are we doing about the fundamental principle that EU Citizens can
freely roam in the whole of the EU and even obtain residence permits in
any of such Member States ? Let the idiotic – I emphatically and
wholeheartedly repeat - Malta DOI not dare come forth with such dictatorial
statements once again or attempt to embellish their statements by implanting
in them such phrases as substantive law to show to one and all that the
Statement was not really meant for the proletariat. The DOI is there to
serve the people not some idiot who hides behind the DOI to attack some
organization……let the DOI bear also that in mind !
Let this Divorce Debate come to an end once and for all by introducing
what we are already recognizing from foreign jurisdictions, namely a local
Divorce Law. Failing which, the people could not care less what the Curia
states, and the utter chaos in our matrimonial regime will just keep on
increasing, with more separations, more cohabitations, more infidelities,
more children born out of wedlock, and an infrastructural ,inadequate
Family Court that cannot already cope with the overloaded workload it
already has before it. May God illuminate our local idiots !
[Dr
Emmy D. Bezzina has been in private practice as a litigious lawyer for
almost thirty years. A favourite area is Family Law ,Constitutional Law
& Human Rights. Dr Bezzina is the NGO Chairman of the Malta Divorce
Movement and Leader of ALPHA – Liberal Democratic Reformist Party.
E-Mail to: alpha@emmybezzina.org. Web Site : www.emmybezzina.org. ]
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