State Council: the Justice ministry vs Monja Roindefo again

Through the voice of the Director of the Jurisdictional Process Monitoring Dept., the Justice Ministry is straightaway rejecting Monja Roindefo and his appeal against the State Council’s decision. The so named decision has declared the State Council’s unability to make a verdict on the appointment order which made Eugene Mangalaza the new Prime Minister, and by the same way, pushed out the one invested chief of the insurgent government on the place of May 13th. “The State Council cannot judge this case anymore”, decided Marc Ramanase. 

Civil servant Ramanase is providing a public ministry originated opinion on the question. There is not any new element, no information that would have failed to be considered in the first file”, he summarized. The Director of the Jurisdictional Process Monitoring Dept. is deciphering the file. The source of the problem is the non recognition of Andry Rajoelina as president of the transition. “As long as the Transition’s presidency is not officially born, alive and viable, any document signed in its name can easily be rejected as a fake… “, actually wrote down Roindefo’s defenders. 

Marc Ramanase emphasized that the State Council is not compelled to judge the case as long as other solutions but court process are still available. He insisted, thus, on the distinction between the political management of the country, which happens to be a government’s act, and the administrative act operated by the executive power. Striving to  justify the appeal against the first State Council’s decision, Monja Roindefo’s defenders are denouncing the official letter inviting magistrates to judge that the decree 2009-1260 concern governmental acts. Such acts are only destabilizing the judiciary’s independence and infringing the power separation principle”. 

The Director of the Jurisdictional Process Monitoring Dept., is backing the State Council about the age of one of the judges, Sir Mandimbilaza, 66 years old, who, although, still actively too part into the proceedings. “A magistrate goes to the retirement once aged 60 although he is entitled to extend his career until being 65. Even though he has overtaken this limit, he cannot recklessly hit the road, a notice is necessary” he explained.  

Monja Roindefo and his defenders do not expect miracles from the State Council. So they have asked for the High Constitutional Court’s opinion in order to reverse their fortune. “During the prosecutor’s speech, the general law commissioner mentioned that the determination of the transition’s presidency legal existence is requiring first and foremost an opinion from the High constitutional court…”They underlined that no legal text is entitled to deny the existence of the High authority of transition…  

Ambohidahy had already given a favourable opinion to Monja Roindefo, stipulating that his tandem with Andry Rajoelina should not be broken in absence of any development within the transitional regime. Has the change already occurred, that is the question.