The High Constitutional Court, which makes and undoes its own judgments and decisions, yesterday released a real…time bomb.
“College government: Towards the handing over of the functions of interim head of state to the current president of the Senate”, was the headline on the front page of our edition of last Saturday, October 21. This has been done since yesterday with Decision No. 19-HCC/D3 of October 27, 2023 relating to a request for the purposes of implementing article 46 paragraph 2 of the Constitution. “Following two requests all dated October 18, 2023 received at the registry on October 19, 2023, retired Army Lieutenant General Richard Ravalomanana appeals to the High Court, following his election as President of the Senate of October 13, 2023, to decide on the effective implementation of article 46 of the Constitution relating to the exercise of current presidential powers by the President of the Senate when the current President of the Republic is a candidate for the presidential elections. .
Pending files
The HCC was careful not to include the two requests of the current President of the Senate in the list of pending files published on its site. Unlike those of his predecessor concerning respectively a request for an Opinion on the constitutionality of Decree No. 2023-1390 of October 11, 2023 convening the Senate in extraordinary session; a request asking this Court to consider the letter of renunciation of the position of interim head of state as null and void; declare the nullity of the establishment of collegial government; designate the president of the Senate as interim head of state; and last but not leastthe referral for review of the constitutionality of the impeachment vote against him and the election of Senator Richard Ravalomanana as new President of the Senate.
“Unacceptable and unreasonable”
The three actions arrived respectively on October 12, 16 and 18, 2023 in Ambohidahy. Although the HCC has not yet ruled on the two referrals and the request for Opinion, it seems that the latter are considered a priori inadmissible and/or unfounded. “Unacceptable and unreasonable”. Indeed, according to the Decision dated yesterday, the referral made by Richard Ravalomanana is “admissible and regular”. His capacity as President of the Senate is recognized by the HCC which implicitly validates the convening of the extraordinary session of the Upper House and the election of General “Bombe” to the perch. The HCC continues to rely on Herimanana Razafimahefa’s letter of renunciation from exercising the functions of interim head of state, even if the person concerned asked the Court for “consider it null and void”.
New fact
On the other hand, the HCC takes note of the availability of Richard Ravalomanana to exercise the functions of interim head of state. And to let it be known that “the collegial government, unanimously of its members, affirmed its express desire not to oppose the exercise of the functions of interim head of state by the president of the Senate”. The constitutional judge, who makes and undoes his own decisions, considers that “the election of a new president of the Senate, his availability to exercise the functions of interim head of state and finally the express desire of the collegial government to hand over to him the functions of interim head of state, constitute a new fact, allowing the HCC to apply the provisions of article 46 paragraph 2 of the Constitution, and thus to entrust the functions of interim head of state to the president of the Senate, the lieutenant general to retire Richard Ravalomanana.
Sharing of responsibilities
The HCC also took note of the “sharing of responsibilities between the interim head of state and the Prime Minister”. The tenant of Mahazoarivo “will continue to lead the councils of ministers regarding current affairs; that on the other hand, in his capacity as Head of State, and in consultation with the Prime Minister who, according to article 65-9° of the Constitution, has all the forces responsible for the police, the maintenance of order, internal security and defense, restricted councils of ministers on defense and security issues will be required to adopt directives or general guidelines to establish a climate of peace and security for the holding of the presidential election scheduled for November 16, 2023.” In other words, the interim head of state will be in charge of security and defense issues, although he is not the supreme head of the armed forces, a title reserved for the elected President of the Republic and even if he left the ranks of the Gendarmerie two years ago for reaching the age limit of his rank. In any case, this time bomb is a strong signal to the opposite camp.
RO
The article Agreement between the PM and the President of the Senate: Gal Richard Ravalomanana, interim head of state in charge of defense and security appeared first on Midi Madagasikara.
