Indicted before the HCJ: the prosecution files are still (…)

Ten former officials, including former ministers, are implicated in the context of the complaints received and examined by the Special Commission of Indictment at the level of the National Assembly. Their cases were presented to the National Assembly yesterday, as part of a procedure to indict the leaders before the High Court of Justice. The motions for resolution submitted by the committee would then have been adopted, but the quorum was not reached.

The President of the National Assembly, Christine Razanamahasoa, had to close the session. Only 19 deputies out of the 150 were present in Tsimbazaza. The provisions of organic law 2014-043, relating to the High Court of Justice, indicate in its article 39 that “ The impeachment resolution is adopted by public ballot and by an absolute majority of the members composing the National Assembly. “, specified the president of the Lower House.

Once again, the prosecution files of these former ministers are still blocked by the deputies. These files have already been discussed since at least the last two sessions of the ordinary parliamentary session of the National Assembly. But excuses have always been presented, such as the non-completion of the processing of the files by the Commission, the absence of the respondents or even by this insufficient number of elected officials able to adopt the resolution.

Despite the adjournment of this session, the commission was able to present its report and the names of the personalities concerned by the files to the plenary session. The defendants are mostly accused of favouritism, corruption and embezzlement of public funds. But the provisions of the law specify that they can only be applied after the green light for the impeachment by a two-thirds majority vote, exactly as in the context of a motion of no confidence.

The files of these 10 former senior officials have been transmitted to the National Assembly by the General Prosecutor’s Office of the High Court of Justice since the second ordinary parliamentary session of 2020. Two years later, the deputies have not yet made a clear decision on these cases.

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