Should the Rajoelina mobility ever be entrusted the Judicial?

The Rajoelina mobility was the first to lead the offensive by claiming all national sovereignty ministries for itself. As a justification, the young one puts forth, and strives to comfort his transitional president’s statute by the same way, that the concerned ministries will have to engage on close collaboration with the Chief of State. So, the ministries for Justice, Defense, Finance, Interior and Foreign Affairs ought to be granted to the Rajoelina mobility. 

In the Roindefo II governmental pattern, only the ministries for Justice and Foreign Affairs were controlled by the Rajoelina mobility, respectively by Christine Razanamahasoa, from the Leader Fanilo party, and Ny Hasina Andriamanjato, from the Fanavaozana AKFM party. The latter potentially seems to be held on top of the transitional diplomacy; the former is, on the contrary, very much contested because of her political engagement definitely incompatible with the Judicial’s independence. 

Founded or not, controversy is remaining concerning the misuse of Justice, namely as a weapon against the Ravalomanana mobility. The ministry is actually leading a genuine crusade to destroy the previous regime’s leaders. Andry Rajoelina is skirting around the question few days to the summit to be held in Addis Ababa Ethiopia. “Only clean and not indicted figures will be accepted in the consensus”, he warned. That is to say, Justice will be disqualifying the potential ministers from the Ravalomanana mobility. Amnesty will have to be voted before an eventual rehabilitation of political prisoners. 

According to the public life observatory, SeFaFi, the independence of the Judicial and its magistrates will be of the 4th Republic’s main stakes. The Monja Roindefo case was a sad example of the acting judges’ submission to the executive power. The ministry operated official interventions, by letter and through the press, in order to force the State Council to make a decision as soon as possible against the request, then to declare itself unable to judge a government’s act. 

The Justice Minister has, openly indeed, influenced a judicial decision. “The experiences of the First Republic are drawing to the conclusion that political power is and will be a circle of influence reflected by interventions in judicial cases”, noticed the SeFaFi. The observatory is recommending that the management of magistrates’ careers must not be controlled by political power anymore. The non interference of the Justice Ministry in the legal cases created during the political crisis will be paramount in the erection of the consensual Transition. As the civil society had withdrawn, this ministry should be granted to the Zafy mobility, the lone one not to be concerned by indictments, and consequently potentially unwilling to misuse justice.