When the HAT imposes its law, and casts the State Council aside

The HAT is anxious to rule undisputedly, not challenge tolerated. By defending the appointment of a new Prime minister named Camille Vital in replacement of the national unity Prime minister Eugene Mangalaza, the Rajoelina administration is going on a radical position but legally very much questionable. In order to do away with any challenge presented to the Council of state, the HAT freely altered the Supreme Court’s law. Only the final “Amen” is missing to its order.  

January 10th, 2010’s order N° 2010-001 is altering October 01st, 2009’s organic law N°2004-036 related to the organization, the working mode and the resorts to the Supreme Court and its three component courts. The HAT is dying for victory in the on going case with Prime Minister Mangalaza. “Demands for cancellation of appointment orders of Prime Minister and government members cannot be presented to the State Council”, reads the new order.  

The HAT is moving further more ahead in cautiousness for the near future. The State Council cannot be addressed in relation with government and parliament led reports and legal acts. Andry Rajoelina is, by so doing, largely restricting potential legal resorts to the High Constitutional Court against his will. That is his retaliation against the State Council which previously significantly weakened the HAT’s reputation when opposing its attempt to replace ambassadors.  

The HAT order N°2010-001 is aimed at granting legality to its resumption of its unilateral transitional process, in opposition to national unity required by the international community. The legal questioning of any of the government’s links with any foreign entity is, from now on, no more possible. In clear words: Goodbye to the Maputo Charter and to the additional act of Addis Ababa.  

The HAT was compelled to make such a move because its authority has usually and repeatedly been challenged by legal resorts to the State Council. The official motive is: “the authorities led acts related to the Constitution are enjoying judicial immunity by themselves, and escape as such, from any administrative and judicial judgement expertise”. According to Ambohitsorohitra, these “Acts” are important orders stemming from the highest ranked administrative authorities, basically granted large comprehension range by constitutional texts themselves. Let us not forget that Andry Rajoelina has reprocessed a temporary Constitution by an order, while restructuring the transition in December 2009.  

In order to make things easier for itself, the HAT decided once for all that no government led action can no more be legally challenged. Constitutional power and governmental links with international entities are, from now on, granted total immunity. The Rajoelina administration enacted a law to measure one day before the judgment of Prime Minister Mangalaza’s case by the State Council.  

Mrs Hanta Razafimanantsoa, Prime Minister Mangalaza’s attorney, denounced the scandal: producing a law to prevent a legal judgment. Lawyer Fredon Ratovondrajao, representing the state, concluded that game is definitely over since the HAT’s new law is valid for all on going cases. The State Council has postponed the verdict, and has actually not yet agreed on a decision. For lack of intervention from the High Constitutional Court against the HAT’s law, the State Council will not have to do so no more.