Domestic
Suspension of three judges sparks new clash between magistrates' union and Justice Ministry
Tensions are rising again between the Syndicat des magistrats de Madagascar (SMM) and the Justice Ministry. The suspension of three judges from the Anti-Corruption Unit (PAC) in Antananarivo has reignited a confrontation that now extends beyond disciplinary matters alone. Mbintanarivo Andriantsihorisoa, president of the SMM, openly contests how the ministry handled the case. A new power struggle appears to be underway with the Justice Minister. At the heart of the disagreement lies the procedure that led to the temporary removal of the three judges. According to the SMM, the affected magistrates should have been able to know precisely what charges were against them and present their explanations before any decision was made. The union president even denounces "harassment of our colleagues." He also states that the union had requested a prior examination of the situation, but the magistrates concerned were not, in his view, invited to defend their position. The SMM also raises a broader question: that of directives given to judges when handling particularly sensitive cases. Mbintanarivo Andriantsihorisoa demands that guidelines likely to influence a decision or the application of a legal provision be formalized in writing. A requirement that directly puts on the table the question of judicial independence and protection against potential hierarchical pressure. The union does not intend to limit its reaction to mere public protest. After conducting its own investigations, it now demands the suspension of the measure affecting the three judges. This union offensive thus opens a new front against the Justice Ministry. For its part, the ministry justified the sanctions by citing deficiencies found in case handling and the performance of professional responsibilities. An investigation by the Anti-Corruption Units Monitoring and Evaluation Committee had preceded the decision. The ministry had also reaffirmed its commitment to strictly applying the rules governing judges, without differential treatment. Two opposing interpretations of the case now confront each other directly. The ministry emphasizes professional responsibility and respect for regulations. The SMM denounces a questionable procedure and openly defends the sanctioned judges. Behind the fate of the three PAC judges looms a broader institutional confrontation. Between Mbintanarivo Andriantsihorisoa and Justice Minister Fanirisoa Ernaivo, the power struggle appears to be well and truly relaunched.
Source: Madagascar Tribune