constituteproject.org
PDF generated: 23 May 2016, 16:14
The President of the Republic assures his missions within the framework of the
powers conferred on him by this Constitution.
Article 46
• Minimum age of head of state
• Eligibility for head of state
Any candidate to the functions of President of the Republic must be of Malagasy
nationality, enjoy their civil and political rights, be at least thirty-five years old at the
date of the closure of the presentation of the candidatures, and reside on the
territory of the Republic of Madagascar for at least six months before the day of the
deadline established for the presentation of the candidatures.
The President of the Republic in office who stands as a candidate to the Presidential
elections resigns from his position sixty days before the date of the Presidential
ballot. In this case, the President of the Senate exercises the current Presidential
attributions until the investiture of the new President.
In the case that the President of the Senate stands as a candidate himself, the
functions of Head of the State are exercised by the Government, jointly.
To use for ends of electoral propaganda, the means or the prerogatives that they
have at their disposal because of their functions, is prohibited to all notable persons
exercising a public mandate or accomplishing functions within the Institutions and
who are candidates to the presidential election. The violation, should that be
declared by the High Constitutional Court, constitutes a cause for invalidation of the
candidature.
• Head of state selection
• Scheduling of elections
Article 47
The election of the President of the Republic takes place thirty days at least and sixty
days at most before the expiration of the mandate of the President in office.
In the cases specified in Articles 52 and 132 of this Constitution, those time periods
run after the declaration of the vacancy by the High Constitutional Court.
The election takes place at the first round with the absolute majority of the suffrage
expressed. If this is not obtained, the President of the Republic is elected in the
second round by the majority of the suffrage expressed between the two candidates
having obtained the greatest number of votes in the first round. The second round
takes place thirty days at most after the official proclamation of the results of the
first round.
In the case of death of one of the candidates before a round of the ballot, or if
another case of force majeure occurs, duly declared by the High Constitutional
Court, the election is postponed to a new date within the conditions and according to
the modalities that will be specified by an organic law.
The President in office who is a non-candidate to the elections remains in office, until
the investiture of his successor within the conditions specified in Article 48.
• Oaths to abide by constitution
Article 48
The official transfer of power is made between the outgoing President and the newly
elected President.
Before entering into his function, the President of the Republic, in solemn audience
of the High Constitutional Court, before the Nation, and in the presence of the
Government, of the National Assembly, of the Senate and of the Supreme Court,
takes the following oath:
"Eto anatrehan'Andriamanitra Andriananahary sy ny Firenena ary ny Vahoaka,
mianiana aho fa hanantanteraka an - tsakany sy an - davany ary amim -pahamarinana
Madagascar 2010
Page 12