Seven boatmen have filed a judicial protest against Transport Malta and the Ministry for Transport, alleging an unregistered group claiming to represent the sector is acting as an illegal “regulator” with the authorities’ blessing.
The protest, filed on Thursday, claims the traditional barklori sector is being “hijacked” by an entity known as “Għaqda Barklori,” which the operators insist is not even registered as a voluntary organisation.
The plaintiffs – Jason Sevasta, Kenneth Psaila, Keith Attard, Luke Ciantar, Daren Agius, Ivan Agius and Clifton Demanuele – say they are long-established operators who have invested heavily in their boats and equipment in order to operate within the traditional harbour transport sector.
However, they claim they are now being sidelined by individuals allegedly using the so-called Għaqda Barklori to advance private commercial interests while presenting themselves as the sector’s official representative body.
According to the protest, the group has been “presenting themselves as a representative body or regulator of the sector” to negotiate and conclude arrangements with government entities, including Transport Malta.
The operators allege these arrangements favour certain operators over others, to the detriment of the rest of the sector.
Pressured to sign a ‘membership agreement’
The plaintiffs also claim that when they attempted to deal directly with Transport Malta, they were instead referred to the association.
They allege they were pressured into signing a “membership agreement” containing what they described as onerous and restrictive conditions, including perpetual confidentiality clauses and provisions limiting members from challenging agreements reached with government entities.
Other clauses allegedly imposed non-disparagement obligations and restrictions on members contesting decisions or arrangements involving the association.
Through their lawyers, the operators are arguing that allowing a private and unregistered entity to wield influence over the sector creates a clear conflict of interest and risks undermining fair competition.
In the protest, they called on Transport Malta, the Transport Ministry and the State Advocate to immediately stop recognising or granting preferential treatment to the group.
They are also requesting the revocation of any allegedly unlawful arrangements concluded with the association and demanding that they be allowed to operate freely under their existing licences within five days.
The protest also holds Lawrence Mizzi, Gerald Camilleri and Manoel Abela – identified as the individuals behind the association – jointly responsible for any damages allegedly suffered by the operators.
The judicial protest was signed by lawyers Errol Cutajar, Zack Esmail, and Mark Muscat.
