The controversy over the French nationality of Andry Rajoelina takes on a new dimension. Thursday, June 29, a complaint was filed with the prosecution of the court of first instance of Antananarivo against the president for “forgery and use of forgery, espionage and attack on the external security of the State”. So many violations of the Penal Code caused by the fact that Andry Rajoelina is no longer Malagasy since his French naturalization in 2014 and that, consequently, he could not stand for the presidential election of 2018, according to the Association for the law and development of Madagascar (ADM), chaired by Fanirisoa Ernaivo, former magistrate and political refugee in France, at the initiative of the complaint.
Ten days ago, the disclosure of Mr. Rajoelina’s naturalization decree by anonymous sources to several newspapers, including The world, triggered a crisis whose scope remains difficult to predict at this stage. But it cannot be ruled out that it will lead to a request for the president’s disqualification and his inability to stand in the next presidential elections scheduled for November 9. In any case, this is the meaning of this first legal action which should be followed in the coming days by other appeals, in particular before the High Constitutional Court.
“No presidential immunity”
Before ruling on the alleged facts, the court will first have to rule on the nationality of Mr. Rajoelina in the light in particular of article 42 at the origin of the controversy: “Loses Malagasy nationality, the adult Malagasy who voluntarily acquires a foreign nationality. » Fanirisoa Ernaivo does not consider the immunity enjoyed by a sitting head of state as an obstacle to his action: “The election of Mr. Rajoelina in 2018 must be void because you have to be Malagasy to run for the highest office. which he was not. Therefore, he cannot hide behind presidential immunity. He is a private citizen. »
An assertion refuted by the entourage of the head of state. Asked by The world on the repercussions of this complaint, his chief of staff, Romy Voos Andrianarisoa judges the request “simply inadmissible because you cannot directly go to court to challenge a person’s nationality. In addition, the president is only justiciable before the High Court of Justice”. “Once again, we are witnessing a destabilizing maneuver by political actors who are afraid to face the ballot box in the event that the president presents himself”, she continues. “It is sad to lose energy in futile and unfounded attacks a few months before the end of a mandate: it is a real admission of the inability to attack the Head of State on his balance sheet. »
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