new PDS against new Mayor


Yesterday

Yesterday, the minister of interior issued an order which provides for the removal of Andry Rajoelina as a Mayor of Antananarivo, and the replacement of this latter by a “PDS” (president of special delegation), Guy Rivo Randrianarisoa, former general director of the minister of decentralization. Such action complies with Malagasy laws which provide that on the event of failure of a mayor to fullfil his/her obligations and duties, the state can replace him/her by a PDS. Such situation has to be temporary until the elections of a new mayor.

This new PDS – Guy Rivo Randrianarisoa – after being notified of such order, has immediately lodged a request before the court of first instance of Antananarivo the same day, to obtain a court order to open the doors of the Mayor’s offices. The court order has been immediately delivered (the sameday).

Then, Guy Rivo Randrianarisoa with the commissioner of police of Antananarivo, Edmond Rakotomavo came in the afternoon at the Mayor’s offices located in Mahamasina (downtown of Antananarivo). “I am not a politician, just a technician” he said to the press.

Andry “TGV” Rajoelina, during a press conference on the evening at his house located in Ambatobe (suburb of Antananarivo) declared that such order (the one from the minister of interior) has no legal value because it is issued by a person who is not anymore the minister of interior. He added that the power to appoint PDS belongs to hom as he is the only commander in chief in Madagascar.

He called all the citizens of Antananarivo to join him today morning for a “sit-in” in Mahamasina and in Tsimbazaza (downtown of Antananarivo) in order to ban the access of Mayor’s offices to the PDS and to protest against the decision that he described as “dictatorial”. He also advised all the Antananarivo citizens and especially the FOREIGNERS not to go out and to close their doors and windows for today, because as he said: “there will be a huge risk because “people” will be very angry”

And he added: “Antananarivo people can show and express their ANGER according to their own

The HCC (High Constitutionnal  Court) issued  its  response  yesterday about the  “request for impeachment letter” that representatives of Andry “TGV” Rajoelina submitted last Monday. The HCC, led by its president: Jean Michel Rajaonarivony, has declared itself incompetent to handle such matter.

According to the article 126 of the constitution, the HCC is just competent to observe the vacancy of the presidency. Only the HCJ (High Court of Justice) is competent to handle the matter and eventually to pronounce the impeachment of the president. The only problem is that such court does not exist yet in Madagascar (even if its existence is provided by the constitution).

Actually , the famous impeachment request letter has to go through the National Assembly and the Senate. If both chambers validate the request, the HCJ can handle the matter and decide if yes or no, the president should be impeached on the basis of “repeated constitutionnal violations”.

Both parliament chambers have to deliberate at the 2/3 of all of their respective members. The National Assembly is the first step, and the HCC is the last which observes the vacancy of the presidency and orders new elections.

Today

Today was a hot day because early on the morning, there were a lot of police officers  who  kept  all the area  surrounding the  Mayor’s  office  in  Mahamasina  and Tsimabazaza.

There were a lot of people (I heard something like 1,000 … but it’s not sure) who came with Andry “TGV” Rajoelina for the “sit-in”. People started to shout at the police …, finally, all the police officers withdraw themselves. TGV supporters were at the climax of joy! They have beaten again police forces!

But here is the thing which has surprised me the most: Andry “TGV” Rajoelina made this following declaration: “As a commander in chief of Madagascar, I am delighted to present you the new mayor of Antananarivo! Ladies and Gentlemen, please welcome  Mrs. Michelle  Ratsivalaka!

Andry Rajoelina, leader of TGV association (oi’s not yet registered as a political party), former Mayor of Antananarivo, has appointed a new mayor for the capital of Madagascar!  On which  Constitutionnal, legal or  regulatory basis? He really believes that his self-proclamation of last saturday is really legal … and gives him all the powers of a president …

No comment …

He also said that he will officially present the governement of transition this coming Saturday at the place of May 13th.

He added that on Saturday, he will present to people all the high officers from Army, Gendarmerie and Police who are now with him. “You will see them! They will wear their uniforms!” He said to an over-excited audience.

And last but not least! There will be a famous Malagasy super-star who will animate the stage on Saturday: ROSSY! (very popular and famous singer who is a close ally of Didier Ratsiraka, the former president (the red admiral). ROSSY is also known as a fierce ennemy of Ravalomanana sonce this latter was the Mayor of the capital. Just a little information for our reflexion: VIVA radio starting from the very beginning of this crisis, has always broadcasted ROSSY songs … coincidence?

One thing is sure, with ROSSY at the place of May 13th, the new self-proclaimed young commander in chief of Madagascar is assured to have the maximum of attendance …

Oh My God … what is happening to my country?

11 thoughts on “new PDS against new Mayor

  1. ok please get videos of Rossy’s show!!! oh wait…it’s a political event, I totally forgot in what country we were, wasn’t this dude complaining about “being harassed even though he was neutral”?
    This is madness…no this is Tana!

  2. Would love to get in touch with you – am seeking some clarity on the legal issues here – I’m pretty confused…….

  3. Dear Chris,
    According to the article 126 of the constitution, an impeachment procedure of a president has to be follow a specific way:
    Step I: deposit of an “impeachment request” before the National Assembly. The National Assembly will study the request during its ordinary general assembly and will decide at a 2/3 of the majority of its members if the president has to be indicted.

    Step II: after the indictment from the National Assembly, the impeachment request has to be transferred to the Senate. The Senate will study the request during its ordinary general assembly and will decide at a 2/3 of the majority of its members if the president has to be indicted.

    Step III: after the indictment from the Senate, the impeachment request has to be transferred to the HCJ (High Court of Justice). The HCJ will study the case and will find if the president has made several and repeated constitutionnal violations during its mandate. The HCJ will issue a decision which will order the president to step down.

    Step IV: after the decision from the HCJ, the HCC (High Constitutionnal Court) will observe the vacancy of the presidency and will order new presidential elections.

    The HCJ has not yet been set up and Andry Rajoelina has immediately submitted its “impeachment request” to the HCC.

  4. Is there any time-scedule for a procedure like this? First The National Assembly and then (maybe?) the HCJ – What do you think? In time, I mean! Will It go fast?, to come to and (hopefully) “happy ending”

  5. Dear Charlotte,
    I am really sorry but i did not really catch the meaning of your question.
    All i can say is that the impeachment procedure is very clear according to the provisions of the article 126 of the constitution:

    Step I: deposit of an “impeachment request” before the National Assembly. The National Assembly will study the request during its ordinary general assembly and will decide at a 2/3 of the majority of its members if the president has to be indicted.

    Step II: after the indictment from the National Assembly, the impeachment request has to be transferred to the Senate. The Senate will study the request during its ordinary general assembly and will decide at a 2/3 of the majority of its members if the president has to be indicted.

    Step III: after the indictment from the Senate, the impeachment request has to be transferred to the HCJ (High Court of Justice). The HCJ will study the case and will find if the president has made several and repeated constitutionnal violations during its mandate. The HCJ will issue a decision which will order the president to step down.

    Step IV: after the decision from the HCJ, the HCC (High Constitutionnal Court) will observe the vacancy of the presidency and will order new presidential elections.

    I sincerely do not know if it will take a long time or not.

    The HCJ is not yet set up in Madagascar.

  6. The legal procedure to impeach the President, according to the Constitution was written only to show that the President *could be* impeached. But to reality, 1/3 of the Senate members are nominated by the only will of the President. Actually, we have a Senate of 33 members, 11 of them nominated by Ravalomanana, 22 from Ravalomanana’s parti (TIM), we haven’t yet the HCJ.

    If I remember correctly, any vote in the assemblies are performed by raising the hand, without any discretion.

  7. The impeachment is provided by the constitution because it is among the “constitutionnal standards” that Madagascar had to follow as a democratic country. You’re right about the Senate: 1/3 of the senators are appointed by the president. The other 2/3 is nominated by “regional entities”.
    We do not have yet the HCJ. For me, this is a real constitutionnal breach…
    The 02 chambers of the parliament are well padlocked by the president and the TIM, I do not really see how Andry TGV will succeed to have its request passed…
    This is the reason why, he has to go through a “coup d’état”

  8. I’m so sorry to hear of your country’s situation. In my small country, Trinidad and Tobago, we have also had our brushes with civil unrest. I empathise with you and your fellow citizens. At times like these, one must stick to the basics:

    -Stockpile food, water, medical supplies.
    -Equipment, supplies and tools for if there’s no electricity or gas.
    -Seeds and tools to grow food.
    -Several ways to protect self, loved ones and property.
    -A family emergency plan.
    -Keep cash on hand, as bank ATMs may run out of cash, or no (electrical) power.

    I blog at http://www.airgunstt.blogspot.com
    It’s a family preparedness blog, with an emphasis on air guns. Feel free to drop by, leave a comment.

    Other than your blog, are there any other English language blogs about Madagascar that you recommend?

    Regards

    Trini

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