2023-09-11 09:03:20
The High Constitutional Court (HCC) assigned the functions of interim head of state to a collegial government led by Prime Minister Christian Ntsay on Saturday night. Andry Rajoelina is no longer the current President of the Republic. He resigned from his post following the validation of his candidacy for the presidential election despite protests and requests from other candidates.
The Constitution specifies that the interim presidency of the Republic was to be ensured by the President of the Senate but as could be expected with Christian Ntsay’s request for opinion filed on September 4, another plan was already planned in high places. Herimanana Razafiahefa renounced the exercise of the functions of head of state, through a letter dated September 8, 2023 to the HCC. The HCC, after noting the resignation of Andry Rajoelina, and the renunciation of the President of the Senate from the functions of interim head of state, decided to thus attribute the functions of interim head of state to a collegial government.
This provision is specified by article 52 of the Constitution, paragraphs 2 and 3. “As soon as the vacancy of the presidency is noted, the functions of the Head of State are exercised by the President of the Senate. In the event of incapacity of the President of the Senate as noted by the High Constitutional Court, the functions of the Head of State are exercised collectively by the Government.”
The Prime Minister as head of government is automatically the head of the collegial Government. Collegiality is based on the rule of decision-making by a majority of members, so in the event of a tie, the voice of the Head of the collegial government is preponderant. The powers of the collegial government exercising the functions of interim Head of State are limited to current presidential powers. The collegial government will not be able to make appointments to senior state positions except in the event of serious misconduct or crime or misdemeanor committed by senior officials. Reason why certainly, a shower of nominations fell just the day before the resignation of Andry Rajoelina.
Many political observers wonder about the real reasons which led Herimanana Razafimahefa to give up this power. However, he confirmed during a recent trip to Reunion that he will lead the country if the current President of the Republic stands as a candidate for his own succession. Witnesses who wish to remain anonymous for fear of political reprisals confirm the existence of a major military maneuver at the HCC since Saturday morning, in addition to the comings and goings of members of this institution.
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