Candidate No. 7 Andry Raobelina requires the establishment of a “new case of (…)

2023-10-24 08:30:15

A new request was filed yesterday at the High Constitutional Court (HCC) by lawyers representing candidate No. 7 Andry Raobelina. This request aims to establish a “new case of force majeure” in order to request a further postponement of the date of the voting for the first round of the presidential election.

Andry Raobelina, due to a recent operation on his right eye, a vitrectomy carried out in Mauritius on October 16, 2023, is currently unable to fully participate in the electoral process. This procedure requires post-operative visits and follow-up at Agrawal’s Eye Hospital in Mauritius, which makes it impossible for him to run and participate in the democratic exercise through voting, as indicated in the petition.

Maître Luc Marcel Rakotonirina, lawyer for the candidate presented by the Anjomara sy Rivo-baovao party, justifies this new request with a medical certificate from Mauritius which prohibits Andry Raobelina from taking a plane for 30 days. Andry Raobelina’s lawyers hope that this request will result in the application of article 47, paragraph 4 of the Constitution.

On October 9, candidate Andry Raobelina had already submitted a request to the HCC to have a case of force majeure recognized following his eye injury during the demonstration of the Collective of 11 candidates on October 2. The police threw tear gas grenades to disperse the demonstrators, which is when Andry Raobelina was injured in the face.

Although this request was deemed admissible by Ambohidahy, the finding of force majeure was rejected. In its opinion, the HCC argued that Andry Raobelina participated of his own free will in an unauthorized demonstration, that therefore a risk of injury during the operations to disperse the demonstrators by elements of the police was foreseeable for each participant. Consequently, he deliberately exposed himself to a certain risk, unpredictability, irresistibility and insurmountability, sine qua non conditions of force majeure as reasons for postponing elections are not met hence the rejection of his first request.

Despite everything, the HCC ordered the postponement of the first round of the presidential election to November 16, a week after the initial date, invoking its role as regulator of the functioning of institutions and the activity of public authorities, particularly when they are hindered in the exercise of their constitutional powers.