Journalistim Investigative Report: Crisis and Legal Breaches at Fondazzjoni Wens
Date: May 2025
Author: Doninu Malta Media (DMM)
Introduction
This Journalisim investigative report examines a series of irregularities and legal violations in the administration and takeover of Fondazzjoni Wens, a social care foundation operating residential homes for persons with disabilities in Malta. Evidence suggests arbitrary and legally questionable actions by the Office of the Commissioner for Voluntary Organisations (CVO), the Commission for the Rights of Persons with Disability (CRPD), and other governmental entities, raising serious concerns about governance, accountability, and the violation of national and international laws.
1. Background of the Situation
Before June 2024, board member Joe Gerada submitted an internal report directly to Ms Roland Garland, Director at CRPD, bypassing the CEO of the Foundation, Mr Ronald Galea. This move contradicted the Foundation’s internal statute. Mr Gerada has a personal connection to the Foundation through his partner, who worked there as a manager. The Foundation held over €3 million in reserves earmarked for infrastructure improvements for residents.
2. Suspension of Statute and AGM/EGM Without Due Process
On 10 June 2024, CVO Jesmond Saliba suspended the Foundation’s statute and its AGM/EGM rights without due legal process. This occurred with no prior investigation, written notice, or opportunity for the Foundation to respond, violating Article 6 of the European Convention on Human Rights (ECHR) and basic administrative fairness under Maltese law (Voluntary Organisations Act, Cap. 492).
3. Appointment of Administrators and Conflicts of Interest
The CVO appointed Oliver Scicluna (CEO of Agenzija Sapport) and Mark Bamber as administrators. Mr Bamber’s son, who was a resident under Wens, was transferred to another facility allegedly influenced by political or personal interests. These appointments raise conflict of interest concerns under Malta’s Corporate Governance Code and ethical standards for public service.
4. License Suspension and Interruption of PSP Funds
The Social Care Standards Authority (SCSA), under pressure from the CVO, suspended the Foundation’s license without an independent inspection. SCSA CEO Ms Ruth Sciberras admitted this in internal correspondence. Concurrently, Minister Julia Farrugia halted PSP funds, severely disrupting care services. These actions may violate the Social Care Standards Act (Cap. 452), Article 32 of the Maltese Constitution, and the UN Convention on the Rights of Persons with Disabilities (CRPD).
5. Misuse of Funds: Showroom Rental
The appointed board attempted to lease a new property in Raħal Ġdid for offices despite the Foundation already owning adequate premises. This duplication suggests possible mismanagement or misuse of public and private funds, contravening public procurement regulations and fiduciary duties.
6. Fabricated Allegations: Legionella
CVO alleged the presence of legionella to justify interventions. However, lab reports from private entities disproved these claims. Dr Noel Cutajar, legal advisor for SCSA, confirmed the allegations related to an external company. This suggests misinformation and a breach of Malta’s Freedom of Information Act (Cap. 496).
7. Board Imposition with Political and Institutional Bias
In December 2024, a new board was imposed by the CVO, including:
- Dr Busuttil (CRPD legal director) as secretary
- Omar (personal friend of CVO) as treasurer
- Mario (garage owner leasing property to CVO) as board member
- Gorg (CRPD consultant) as member
These appointments suggest political clientelism and multiple conflicts of interest, violating transparency laws and the Public Administration Act (Cap. 595).
Conclusion and Recommendations
The report concludes that the Foundation was stripped of its rights through illegal and non-transparent actions, endangering the welfare of residents with disabilities and undermining the rule of law.
Recommendations:
- Immediate independent investigation by national and EU-level authorities (e.g. OLAF).
- Legal review of CVO and CRPD authority scope and abuse of discretionary powers.
- Restoration of the Foundation’s original board and governance structure.
- Protection and safeguarding of residents under international disability rights frameworks.
- Legal accountability for officials involved in malpractice or misconduct.
[End of Report]