Tensions within the Malagasy judiciary

The Union of Magistrates of Madagascar published Thursday evening a statement to warn about the degradation of the judicial environment at the beginning of the presidential election year. (illustration image) © RFI/Laetitia Bezain

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3 min

In recent days, the turn taken by some court cases has further strained relations between magistrates and the executive. And more particularly with their new Keeper of the Seals, freshly appointed on the occasion of the reshuffle on February 20. After several complaints from mistreated magistrates, the Union of Magistrates of Madagascar published Thursday evening, March 16, a statement to alert on the degradation of the judicial environment at the beginning of the presidential election year. For her part, the minister denies any interference.

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With our correspondent in Antananarivo, Sarah Tétaud

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The gap between grand speeches and decisions taken is widening " denounces the Union of Magistrates in its press release, before condemning the trivialization of multifaceted attacks on the independence of justice. "Some magistrates are under daily pressure when dealing with certain cases, especially cases considered sensitive," explains its president, Mbitanarivo Andriantsihorisoa. "The interference of the executive authorities, in relation to the judicial authorities, especially at the level of the PACs, is always the problem in Madagascar," he laments.

The PACs, the anti-corruption poles, are once again at the heart of the desires. Much has been written about one case in particular. That of an IRD mayor (elected under the banner of President Rajoelina) accused of having embezzled 20 billion ariary (4.5 million euros) and put in prison pending her trial. According to the magistrates in charge of the case, the minister would have ordered the release of the elected representative, despite overwhelming charges, on the grounds that it should "not touch the mayors in this pre-election period". Accusations that Justice Minister Landy Mbolatiana Randriamanantenasoa disputes.

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As for the threats I would have made, I do not want to argue with that. My role is only to ensure that judicial matters are coordinated. Regarding the case of the Mayor of Vavatenina [urban commune and district capital in the Analanjirofo region, Editor's note], when she appeared at the PAC, I reminded the magistrates that detention is not necessarily the solution to settle disputes with mayors. It was a reminder, but not interference. They keep their independence. I did not give an order to stop their prosecution of the mayors. These mayors who do not necessarily have the skills to manage municipalities, manage budgets... You cannot compare the mayor of Antananarivo and a mayor who is in a landlocked area. So really, this is not interference, but a call to order to differentiate between tort intent and intent to compete.

The mayor was eventually provisionally released. Two senior officials of the Anti-corruption Unit of Antananarivo, including the prosecutor general of the second degree, were notified Wednesday in the council of ministers of the expiry of their mandate. If the minister assures that there should be no link between the case of the mayor and the decision of the council of ministers, for their part, civil society and some donors, whom RFI has contacted, say they are very concerned by these "confluence of circumstances" and these vehement "calls to order".

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• Madagascar
• Justice