December 16 Presidential Election questioned

Dramatic turn of events in the Malagasy political crisis. : The Constitutional High Court members appointment decree has been canceled by the Supreme Court Administrative Chamber by the 10 of April.

According a jurist, Supreme Court decision has a re-active effect. Which has led to the cancellation of the decisions taken by the Malagasy High Court since its setting on November 24 2001.

Beyond some of them, the decision relative to the official results of the Presidential election on December 16. These results are more or less canceled because announced by an “illegal” judge.

The debate now is about the real consequences of High Court decision. A decision, further to petitions lodged respectively by a member of the Magistracy High Council, Jean-Michel Rasolonjatovo et Marc Ravelomanana, presidential election candidate, actually invested as President of Republic. The concerned petitions aimed at pronounce the illegality of HCC members ‘ appointment. This institution is composed with 9 members whom 3 are nominated by the President of Republic , 2 by National Assembly, 2 by Senate and 2 by Magistracy High Court

Irregularities

The Magistrate Rasolonjatovo, as Magistracy High Court member noticed some irregularities in the appointment procedure of two HCC members. These two Magistracy High Court representatives should have been elected. But this was not the case with for consequence the cancellation of the appointment decree.

Concerning Senate and National Assembly, HCC representative have been designated by the i respective presidents of these institutions without any consultation of the other members of these two Chambers. The result is that practically only three members were correctly appointed on nine and Deputies and Senators were presented with a fait accompli. Today several hypothesis are advanced concerning the political perspective of The Great Island. The applicant himself Rasolonjatovo estimates
that only the electoral dispute jugged by the High Court will be called to question. This suppose without any doubt a new count of the ballots concerning the Presidential election of December 16, the origin of Malagasy political crisis and the announcement of new results.

Acid criticisms

They recall in parallel, from
the jurists environment the possibility of the appointment of new HCC members but they have to know who will be able to appoint them due to the duality of power at Madagascar. Some matching sources seem thinking that if the appointment decree is canceled the old members remain naturally the legal members of this high jurisdiction

At a political plan, Supreme Court decision heartened Ravelomanana supporters. The criticims burst forth from everywhere concerning HCC various decisions and even its reason to exist. The members were appointed the day before the Presidential election campaign and took the oath in the Presidential residence of Iavoloha, holding up to ridicule the principle of the powers separation. The former President Didier Ratsiraka , himself at this was more the less already announced as candidate.

After, the criticisms concerning the place of work of the High Court at Hotel Ermitage at Mantasoa located at 50 kms from the Capital.

After making the public opinion
very angry, HCC felt. From the follow-up of this decision depends the solution to the Malagasy political crisis.