[Vidéo] Contestation de la passation de pouvoir : L’affaire appelée en cour suprême le 16 février
Rezistans ek Alternativ a logé un «Constitutional Case » ce matin en cour suprême pour contester la passation de pouvoir entre sir Anerood Jugnauth et son fils, Pravind Jugnauth. L’affaire sera appelée le 16 février prochain.
Le mouvement s’est appuyé sur la section 59 (3) qui stipule que
«The President, acting in his own deliberate judgment, shall appoint as Prime Minister the member of the Assembly who appears to him best able to command the support of the majority of the members of the Assembly, and shall, acting in accordance with the advice of the Prime Minister, appoint the Deputy Prime Minister, the Attorney-General and the other Ministers from among the members of the Assembly: Provided that – (a) where occasion arises for making an appointment while Parliament is dissolved, a person who was a member of the Assembly immediately before the dissolution may be appointed; and (b) a person may be appointed Attorney-General, notwithstanding that he is not (or, as the case may be, was not) a member of the Assembly, »
La section 60 (3) «The office of Prime Minister or any other Minister shall become vacant –(a) where he ceases to be a member of the Assembly otherwise than by reason of a dissolution of Parliament; or (b) where, at the first sitting of the Assembly after any general election, he is not a member of the Assembly: Provided that paragraph (b) shall not apply to the office of Attorney-General where the holder thereof was not a member of the Assembly on the preceding dissolution of Parliament»
Et la section 63 (1) «Where the Prime Minister is absent from Mauritius or is by reason of illness or of section 60(5) unable to perform the functions conferred on him by this Constitution, the President may, by directions in writing, authorise the Deputy Prime Minister or, in his absence, some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the President »
Ainsi, avec leur interpretation de ces clauses, Resistance ek Alternative pense que la constitution a été bafouée. Le groupe a comme avocat dans cette affaire, Me Rex Stephen, leading Counsel, Me Arvin Ramsohok et l’avoué Rajendra Appajala.
Voici la plainte de Rezistans ek Alternativ :