Thursday, November 14, 2013

Madagascar Elections: ESC rejects the request for disqualifying Hery Rajaonarimampianina

The Special Electoral Court (ESC) released its decision on 9 November 2013 relating to a request for disqualification of Hery Rajaonarimampianinam, filed November 4, 2013 by Rakoto Rahasinina Andrianjo Razanamasy, the reasons given by the applicant were that ,the candidate Hery Rajaonarimampianina, use  public property and public powers, the obligation to state officials or political authority or official authority to do propaganda, and dissemination of campaign spot outside the campaign period in Toamasina on October 24, 2013 At 19 o'clock 15, as well as purchases of voting Maroalakely, on 25 October 2013.

The CES is the candidate, who resigned, was no longer an administrative authority and was therefore more likely to hold or use of public powers which consist of legally recognized ways that can use Authority to enable it to fulfill general interest missions. Also, according to the decision of the CES, could not be blamed personally candidate Rajaonarimampianina be perpetrator, and that is the reason why the ETUC has rejected the request.

As for the distribution of campaign spot outside the campaign period that the applicant progressed, it may result in disqualification of a candidate. The same is true of the use of public property which is rather grounds for annulment of the vote possibly obtained by the candidate in question as determined by the CES.
In fact, CES has largely sheltered behind questions of form, without an appraisal of the reality or not of the alleged crime.

For the ETUC, these facts, if true, would constitute criminal offenses that could result in a lawsuit against their direct perpetrators and cancellation of votes obtained by the candidate in the areas concerned. But the legislation does not provide for these cases the disqualification to a second election round.  According to information received by the press, seven judges voted against the disqualification while six others voted for disqualification, others did not vote.

Source: Madagascar Tribune

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