Court
Court

Madagascar High Constitutional Court (HCC) has judged as unconstitutional some points in the electoral law, source of the current political crisis in Madagascar, the HCC said Thursday night.

In its 24-page decision, the HCC declared unconstitutional the articles on the establishment of the final voters list by the government and the request of several documents for registration on the voters list.

Articles declared unconstitutional also concerned the non-use of single ballot in the second round of presidential elections, the duration of the second round, the control of airtime in private media, and the control of the source of money attributed to propaganda.

The decisions are about three bills on election, including the general organization of the election that contains 245 articles, the presidential election with 70 articles and the parliament election with 56 articles.

These bills were already adopted by the two houses of parliament in Madagascar in April, but before being promulgated, the law recommends the HCC to judge if they are in accordance with the constitution.

It remains to Madagascar’s president Hery Rajaonarimampianina if he will remove this point before promulgating the bills or send the law again to the parliament.

These points judged unconstitutional by the HCC are the conflictual points that sparked the current political crisis in Madagascar. Some 73 out of 151 parliament members complained that the adoption of these bills were corrupted to favor the ruling party.

The opposition complained that the ruling party had a political calculation for the coming presidential election, which should be held at the end of 2018.

The article 10 of the bill on presidential election bans the candidacy of former president Marc Ravalomanana as he was sentenced in absentia by the court as behind the killing during the 2009 demonstrations.

Former transitional president Andry Rajoelina also complained that the ruling party already has a large advantages to win the election if these bills are promulgated.

The conflicts between opposition and the government have resulted in two deaths during the demonstration held by the opposition on April 21, according to Prime Minister Olivier Mahafaly Solonandrasana, while the opposition said six were killed. Enditem

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