Marc Ravalomanana in 2002. The timid businessman became
increasingly remote and inaccessible over the years.
Marc Ravalomanana won the Madagascar presidency in 2001 on the back of a wave of popular support, unseating Didier Ratsiraka, the president for 25 years, from power.
A self-made dairy tycoon, he started his working life producing yoghurt that he sold on the streets of the capital Antananarivo. He soon secured a World Bank loan, with the help of the Protestant church, to set up his first factory.
However, Ravalomanana was largely unknown in Madagascar until he became mayor of Antananarivo in 1999, but the close ties he forged with influential churches helped him on his way to victory in presidential polls in 2001.
But Ravalomanana was unable to move into the presidential palace until the following year as his predecessor tried desperately to hang on to power.
Once in office the religious backing slipped away amid economic troubles in the Indian Ocean island nation, but he was still able to secure a second term in 2006 and win a constitutional referendum in 2007.
His supporters lauded him for maintaining political stability in the country, but critics complained that the timid businessman became increasingly remote and inaccessible over the years.
Though one of Madagascar’s richest men -his TIKO food empire was at one stage the largest non-foreign owned firm on the island- Ravalomanana has been less successful as the country’s president than he was as a businessman.
A major setback came in 2003 when he eliminated taxes on several commodities to encourage domestic consumption and industrial growth.
The program collapsed causing a 66% currency depreciation in 2004, huge budget deficits and trade imbalances.
Ravalomanana was also accused of giving away mineral rights and other assets, most notably with an agreement to lease vast swathes of farmland to the South Korean industrial giant Daewoo.
In 2007, Andry Rajoelina became mayor of Antananarivo and began to attack Ravalomanana as dictatorial, taking advantage of popular discontent among the poor who make up nearly 70% of the population.
A little over 12 months later, with troops occupying the presidential offices in the capital Antananarivo, Ravalomanana announced he was stepping down and handing power to a military board of directors (“Directoire militaire”).
"This decision was very difficult and very hard, but it had to be made. We need calm and peace to develop our country", he told the nation in a radio address, on March 17, 2009.
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And then, Andry Rajoelina became the President of High Transitional Authority to bring the country in A fourth Republic.
What is the purpose of any transitional period? Free, transparent and therefore credible elections, for return to the constitutional order upset by a president who, the first, milled in the foot on malagasy constitution by delaying its powers to a military board of directors, on March 17, 2009.
And malagasy constitution is clear on this subject in its article 52, before the referendum of November 17th, 2010: - in case of vacancy of the Presidency of the Republic due to resignation, decease, of final obstacle (Editor's notes: case of Zafy Albert – Decision n°17-HCC/D3 on September 4, 1996). Vacancy is determined by the Constitutional High Court (HCC) and functions of Chief of State are provisionally exercised, until the taking up the post of elected President or until the lifting of temporary obstacle, by the President of the Senate or, in case of vacancy of post office or inability of the President of the Senate determined, by the Constitutional High Court, by the Government collectively.
They note that the transfer to be able in a military board of directors was not inscribed in this fundamental text. Ambiguity domiciles due to the fact that it would be necessary to know difference between anti-constitutional and extra constitutional. But it is the same thing when all is said and done: it goes out of the frame of constitution. And it is knowingly that Mark Ravalomanana performed this act except constitution therefore, across prescription 2009-001 of March 17, 2009. This military board of directors, always out of this constitutional order - unsettled by Ravalomanana himself-, in its turn, delayed these full powers in Andry Rajoelina, leader of orange revolution, according to prescription 2009-002 of the same March 17, 2009. It was at this instant that started the period of transition ratified by HCC (Decision n ° 03-HCC/D2 on April 23, 2009), with following definite motives:
Considering so that on one hand, prescription n°2009-001 of March 17, 2009 does not answer conditions and forms fixed by Constitution; that on the other hand, his object does not raise the domain of law but that of Constitution; that finally, it was not subjected to the control of constitutionality before its promulgation;
Considering since prescription known named constitutes an unilateral demonstration of will of the president of the Republic who would not know how to comply with the constitutional dispositions;
Considering nevertheless that it falls to take note of the motive of the decision taken in this prescription as being the official report of circumstances which predominated and the necessity to safeguard the principle of the continuity of the State;
Considering that by prescription known recalled, the president of the Republic gave full powers to a Military Board of directors which exercises concurrently functions of the president of the Republic and of the Prime minister and who is authorized to take any necessary measures for the institution of a stable public order;
That no constitutional disposition envisages the existence of Military Board of directors;
Considering that, later, the Presidency of the Military Board of directors, by prescription n°2009-002 of March 17, 2009, transferred full powers to mister Andry Nirina Rajoelina who exercises functions and attribution of the president of the Republic in accordance with the dispositions of Constitution, for a period of 24 months at the farthest; that it has as mission to organize the regime of transition and to take any measures necessary for this effect;
Considering that by his letter n°79-HCC/G on March 18, 2009, for the upper interest of the nation, for maintenance of the principle of continuity of the State and with the aim of a desired exit from crisis by all parties, High Jurisdiction ratified both prescriptions known aimed and declared that mister Andry Nirina Rajoelina, President of the High Transition Authority, exercises the attribution of the president of the Republic enunciated by the dispositions of Constitution and those of aforementioned prescriptions;
Considering that March 21, 2009, the Constitutional High Court undertook the installation of the President of the High Transition Authority exercising functions and attribution of the president of the Republic;
That, this structure is not either envisaged by Constitution;
Considering that special political context and catch of different prescriptions known recalled led the High Constitutional Court to take into account following realities:
- the unilateral transfer by the president of the Republic of the exercise of the powers which are devolved to him by Constitution, situation which indeed procreates the vacancy of the Presidency of the Republic;
- in normal circumstances, in the sense of the article 52, 1st indent, of Constitution, in case of vacancy of the Presidency of the Republic and before undertaking the election of a new president of the Republic, functions of Chief of State are provisionally exercised by the President of the Senate or in defect by the Government collectively according to the article 52, indent 3, of Constitution;
- however, the president of the Republic having transferred full powers to a Military Board of directors contrary to the constitutional dispositions, measurements envisaged in the article 52, indent 3, known recalled cannot be any more implemented;
- the transfer of the full powers of the president of the Republic in an organ not envisaged by Constitution opposes to the strict application of the constitutional dispositions and indeed implicates the entrance for the transitional period for the management of national business;
- the necessity of the continuity of the State, with a view to putting right an institutional space in present, calls the installation of interim state structures;
- the fact remains that the entrance for a period of transition includes as effect the definite and organic change of the organization of the State. However remain intangible the fundamental principles of the Republic such as that of the separation of powers as well as the integrity of the national territory, the republican form of the State and the clean cultural stocks in the nation (…)
Nevertheless, the article 52 of the Constitution of 4th republic adopted by referendum way, November 17, 2010, put right situation, as follows:
Article 52.-Due to resignation, abandonment of power whatever form it is, of decease, final obstacle or pronounced come-down, the vacancy of the Presidency of the Republic is determined by the High Constitutional Court. From the finding of the vacancy of the presidency, functions of the Chief of State are exercised by the President of the Senate. In case of obstacle of the President of the Senate determined by the Constitutional High Court of Justice, functions of Chief of State are collectively exercised by the Government.
That is the law in my country and don’t ignore what is the meaning of secularism of state. But, I hope that after reading this article, all Sadc Leaders will open their Bible and will remember : “…Though I was blind, now I see”, John 9 : 25. Because, Sadc last decision in Sandton overturn into lie.
Here is the strict truth which will keep History. The rest is only a view of mind on behalf of a paranoiac American ambassador (Niels Robert Marquardt, nowadays consul in Australia) who absolutely distorted the malgacho-malagasy turbulence which took place in the episcopacy of Antanimena, in this late in the afternoon of same March 17, 2009. And, this diplomat, same morning, had look at witness sunset without restraint of Mark Ravalomanana in State palace of Iavoloha. Suite will not be more based than on lies relieved by a network on Internet, dearly paid by Ravalomanana (sites and other blogs distilling a culture of hate never known before).
Because once having mysteriously taken out from the country, Mark Ravalomanana made the decision to lie, in English, in front of the assembly of Sadc: « I have of transmit full powers under the threat of a weapon ».
And, for a long time, this vulgarity resignation of morning, adapted with the episode of the episcopacy late in the afternoon, became "power grab", “Coup d’état”, "putsch" relieved by all English-speaking network financed by Ravalomanana.
And it is on the basis of this huge lie that the « international community » positioned. This one, to complicate things better, better did not find than to delay in saddle two presidents who had been thrown out of power by the people before. If, at least, they had gone out by the big door … But, alas, no !
After the referendum on Novembre 17, 2010, situation has changed. And the roadpmap signed by more than two hundred Malagasy representative of politicians and civil society is a will to finish this transition. Alas, Ravalomanana dollars seem endless…
Livingstone Summit, March 31, 2011
“The political situation in Madagascar and Zimbabwe remains difficult, requiring a great deal of effort, not only from the region, but from those countries themselves”, declared Mozambican Foreign Minister Oldemiro Baloi after the meeting.
He said that the mediator in the Madagascar crisis, former Mozambican President Joaquim Chissano, had drawn a “complex picture” of recent developments. He had noted that new political parties are emerging frequently on the Madagascan stage, and not all of them have been committed to seeking solutions that will stabilise the troubled island.
Chissano himself told reporters there was good reason to hold an extraordinary SADC summit, since there are now indications that the other main political forces will accept the leader of the March 2009 coup, Andry Rajoelina, as the head of a transitional government.
This had earlier been ruled out, and in 2009 SADC decided that the very fact that Rajoelina had toppled the democratically elected president, Marc Ravalomanana, made it impossible for him to become head of a transitional authority.
“But today the situation has changed inside Madagascar”, said Chissano, “and there is a consensus that Rajoelina could lead the transitional government".
Chissano was optimistic that a solution can be reached this year leading to credible elections in Madagascar. This did not necessary imply the immediate return of exiled politicians, such as Ravalomanana himself, who is currently living in South Africa.
Sandton Tripartite Summit, June 12, 2011
16. Summit also urge the High Transitional Authority to (HTA) to allow Malagasy people in exile for political reasons, to be allowed to return to the country unconditionally, including Mr. Marc Ravalomanana.
How amazing turnaround ! And the story will continue until Jacob Zuma becomes the President of Sadc, in August, 2011. We will laugh then. But in God Malagasy people trust.
Jeannot RAMAMBAZAFY