Rédaction Africa Links 24 with lexpress
Published on 2024-02-23 02:45:00
The green light. After the decision made by the High Constitutional Court (HCC) yesterday, the appointment of Special Delegation President (PDS) for the concerned communes can now be made. A particularly awaited appointment for the Urban Commune of Antananarivo (CUA), in this case.
In the decision published on its website, the Ambohidahy Court considers the amendments made to the law on the resources of decentralized territorial communities (CTD), the modalities of elections, as well as the organization, functioning, and attributions of their bodies, to be in conformity with the Constitution. The main modification concerns article 130. This provision relates to the establishment of a special delegation in case of vacancy of the position of the Executive leader of a CTD, including the commune.
This new article 130 also provides that the PDS “ensures the function of principal budget officer of the community (…).” The other major innovation of these amendments is that in paragraph 4 of this article, it is indicated that “the provisions of article 309 of law 2014-020 (…) apply to the members of the special delegation”. This provision concerns the measures that apply when members of municipal or communal councils and mayors run for office.
“The members of municipal or communal councils and Mayors and their deputies, who run for municipal elections, are declared automatically resigned as soon as their candidacy has been deemed admissible (…)”, provides, among other things, this article 309. In other words, future Special Delegation Presidents, including that of Antananarivo, can run for the next municipal elections. Something the old version of article 130 does not allow.
Read the original article(French) on lexpress.mg
