2023-07-27 07:36:07
The request for the invalidation of Andry Rajoelina’s candidacy for the 2018 presidential election filed by Fanirisoa Ernaivo through his lawyer is currently being examined by the High Constitutional Court (HCC), if we believe the words of Florent Rakotoarisoa, president of this institution, yesterday in front of the press.
“I cannot speak on this subject yet because the HCC is a court of law and I cannot declare myself”, he affirmed yesterday when he was questioned by the press during a meeting with the SADC (Southern African Development Community) delegation on mission in the country.
A decision will be made and come out before the next election, he said. Florent Rakotoarisoa, however, recalled that nationality matters do not fall within his institution.
The request was filed on July 14, the French national holiday, by the lawyer for Fanirisoa Ernaivo, a former magistrate and fervent opponent of the regime of Andry Rajoelina, currently in exile in France after his unsuccessful presidential candidacy in 2018. Based on the contestation of the Malagasy nationality of the President of the Republic, Fanirisoa Ernaivo invoked in his request Article 42 of Ordinance No. 60-064 of July 22, 1960 establishing the Malagasy nationality code, which stipulates that loses Malagasy nationality, the Malagasy adult who voluntarily acquires a foreign nationality. According to the president of RMDM France, Andry Rajoelina could not be a candidate because he had lost Malagasy nationality.
Fanirisoa Ernaivo is not his first request to the HCC. In 2021, it has already seized the HCC for the purpose of annulling the effects of judgment n°11-HCC/AR of November 28, 2018 proclaiming the results of the first round of the presidential elections; to cancel the ballot for the first round of the presidential elections; to note the vacancy of the post of President of the Republic; to order the application of the constitutional provisions providing for the vacancy of the post of President of the Republic; to order the head of government to determine a new date for a presidential election in Madagascar. The request was at the time deemed inadmissible by the Court of Ambohidahy.
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