Domestic
Judge and Party
The Syndicate of Magistrates of Madagascar (SMM) is calling on the Minister of Justice, in her capacity as the chief of the public prosecutor's office, to strictly respect the guarantees provided by the new statute of the judiciary and the rules governing instructions given to prosecutors. Judge and Party The Minister of Justice is also vice-president of the Superior Council of the Judiciary (CSM). The head of the Chancellery is in a sense both judge and party since "disciplinary power over all magistrates is exercised by the CSM sitting as a disciplinary council." Although the Constitution provides that the head of state is its president, it is the Minister of Justice who effectively ensures the presidency of the CSM, which "receives, examines and acts on complaints by magistrates of interventions made to them that may undermine the independence of justice." Regarding the suspension of three prosecutors working at the PAC of the first degree court in Tana, the SMM conducted investigations that "reveal serious elements suggesting that the facts alleged against the suspended magistrates, namely the alleged failure to respect the principle of hierarchical subordination, desertion and dysfunction of justice, are not attributable to them, but may be linked to instructions or pressures exercised under conditions lacking clearly identifiable traceability, with the risk of influencing or diverting the normal course of judicial proceedings." The three suspended magistrates will undoubtedly provide their explanations and means of defense if they were to be brought before the CSM sitting in Codis, although the matter may not reach that point, given the outcry from the SMM, which invokes the new statute of the judiciary promulgated and entered into force on July 8, 2026, one month and three weeks before the suspension decision taken by the Minister of Justice, no less vice-president of the CSM, who "ensures compliance with the provisions of the statute of the judiciary."
Source: Midi Madagasikara