JUDICIAL INDEPENDENCE IN MADAGASCAR

UNCLAS ANTANANARIVO 000464 DEPT FOR AF/E, DRL and INR/AA E.O. 12958: N/A TAGS: PGOV KDEM PINR MA SUBJECT: JUDICIAL INDEPENDENCE IN MADAGASCAR Ref: Antananarivo 1269 ¶1. Starting May 28, the Malagasy Supreme Court weekly session began to examine more than 220 complaints regarding reported irregularities in the mayoral elections of December 12, 2007. To date around 70 complaints have been addressed, with the majority dismissed for not following correct legal procedures. In most cases the Court confirmed the decisions of the lower Court, but it overturned eight decisions. Five of these entailed disqualifying a previously declared victor affiliated with President Ravalomanana's TIM Party. In one other instance, the Supreme Court ordered a new election in Mitsinjo, because the lower court in question issued two contradictory verdicts the same day, first declaring the independent candidate as the winner and then reversing itself to declare the TIM candidate the winner. ¶2. These initial results have been widely commented within Malagasy political circles. Government officials and TIM party members point to the Supreme Court's verdicts as a sign of the independence of the Malagasy judiciary and the strength of democracy in Madagascar. The opposition, however, argues that the results were originally falsified to favor TIM candidates in anticipation of indirect elections for regional advisors (in March 2008) and senators (in April). They note that the "illegitimate" mayors participated in these elections. Now that the elections are over, and these votes are no longer needed, the opposition suggests that their dismissal is no longer a great hardship to the governing Party. ¶3. COMMENT: There is a kernel of truth to both of these arguments. However, given the overwhelming TIM victory in the mayoral elections (Reftel),it is unlikely that a handful of mayors would have made much difference in the indirect elections of the regional advisors and senators. On balance, we interpret the removal of the TIM mayors as a relatively healthy indicator of judicial independence. END COMMENT. SIBLEY