The initiators of the Malagasy language law apparently sought to please rather than displease. The HCC silenced the initiator of law no. 2026-005, which did not pass smoothly at Ambohidahy. One month after the PRRM's referral letter was received and registered at the high court on July 20, the HCC rendered its decision on August 21, 2026, concerning the law on the policy of Malagasy language use and language rights in Madagascar.
"The referral introduced by the president of the Refoundation of the Republic, regular in form, is admissible," according to the constitutional judge, using as usual the language of the former mother country, which is officially in use alongside the "tenin-dreny."
Free Choice
"The official languages are Malagasy and French," according to article 4 of the Fourth Republic's Constitution, which remains in force in the current state of fundamental law. As guardian of the Constitution, the HCC continues to base itself on this article to specify that "this provision makes no differentiation between Malagasy and French and authorizes free choice between the two languages for education and official practices in Madagascar."
Obligation
Consequently, the HCC censures about ten articles that "impose an obligation to use the Malagasy language in education, training, and relations between citizens, as well as state communications." The August 21, 2026 decision states in black and white that "such an obligation contradicts the free choice established by article 4 of the Constitution; they must be declared unconstitutional."
Sanctions
Article 28 is also declared "in contradiction with fundamental law" as it imposes administrative or disciplinary sanctions for non-compliance with any article of law no. 2026-005, thus stripping it of substance. "Considering that the aforementioned articles constitute the very essence of the text, removing them would empty the text of its meaning and purpose; they must therefore be declared unconstitutional."
The HCC decides that "law no. 2026-005 on the policy of Malagasy language use and language rights in Madagascar is declared unconstitutional." This decision will be notified to the PRRM, which advocates Malagachization; to the Prime Minister, whose government passed the law; and to the president of the National Assembly, who submitted it to deputies for a vote on August 1, 2026. Until a new Constitution is adopted by referendum, they must simply hold their tongues.