The minister of the Justice taking the State Council wrong footed

The one week deadline granted by the State Council to deliberate over the issue put forth by Prime minister Monja Roindefo has been a defeat for the Justice Minister. Christine Razanamahasoa cannot wait no more to see “former” chief leaving Mahazoarivo. Through a declaration on the eve of the State Council’s decision rendering day, she has engaged on an in depth assessment of Monja Roindefo’s manoeuvre. “The Prime minister’s appointment order is a governmental act, it cannot be judged by the court “, pleaded the Justice minister.  

In the shoes of the attorney of a HAT president already once weakened by the State Council, Christine Razanamahasoa is arguing with prudence. According to the Justice Minister, since September 08th, 2009 and the ratification in Cabinet meeting of the Maputo charter, this document has been having legal value in Madagascar. “The Maputo Charter is the equivalent of the Constitution”, she emphasized, estimating that both laws are made to govern the institutions. 

So, the Justice minister is, now, pleading for a full respect of the text signed by the political mobility leaders. And she is leading the offensive against the State Council. “Ruling on a Prime minister’s appointment is the transitional High Court’s duty, for the time being, the former High Constitutional Court’s duty”, she insured. The order signed by Andry Rajoelina would, therefore, be above the law, in no way a casual Justice matter. According to the minister, assessing Monja Roindefo’s demand is an unconstitutional move from the State Council. 

On the legal plan, the Justice minister is willing to admit that the State Council has the right refer to the article 189, which de facto suspends the attacked law until a further decision rendering. She is estimating, though, that such a consideration cannot be separated from the article 188 which requires celerity in the judgment on the issue. The three days long recommended deadline is over, but the State Council is still irresolute, noticed Christine Razanamahasoa while wondering the demand is still valid. The authority has indeed granted itself a full week long deadline. 

The State Council has practically no option in face of this political pressure from the Leader Fanilo party originated minister. If the decision is favourable to Monja Roindefo, it will be considered as illegal. Although, the Justice minister is not entitled to make the judgement in such case; the High Constitutional Court is, and has already expressed its opinion in favour of the necessity to maintain the Andry Rajoelina – Monja Roindefo duet as long as the transitional situation fails to evolve. In spite of the ratification of the Maputo Charter, the lack of national unity in its implementation is actually fuelling in a very uncomfortable status quo for everybody.