The referral and the request of the “Mpitolona” doubly rejected by the HCC

The “Mpitolona” have no avenue of appeal against the Decision and Judgment rendered the day before yesterday by the HCC.

The High Constitutional Court twice rejected the referral of the “Fihombonam-be ny Mpitolona” and the request of the “Mpitolona Generation”, received and registered on the same day in Ambohidahy.

Audit request. The HCC declared “inadmissible” the referral to the “Fihombonam-be ny Mpitolona” for the purposes of an audit request dated January 16, 2026. The aforementioned group effectively demands “the audit (with an e) of all the money borrowed by Madagascar from the World Bank (without e) and the IMF before the entry into office of the president of the Refoundation (PRRM)”. Which is not entirely wrong to advocate the Malagasyization of education, judging by the spelling mistakes made by the “Mpitolona” group in the referral letter written in Malagasy and quoted text message in the Decision rendered the day before yesterday in Ambohidahy.

Quality defect. It is recalled in the Decision dated January 29, 2026 that “individuals do not have direct access to the constitutional judge except in matters of electoral disputes as candidates and in matters of preliminary questions of constitutionality”. The HCC points out that “the audit of public finances requested by the “Fihombonam-be ny Mpitolona” does not fall within the well-defined remit of the High Constitutional Court; that, moreover, in this request, the “Fihombonam-be ny Mpitolona”, a group of entities composed of citizens, activists, does not justify the quality for direct referral to the High Court of this court. Consequently, “both in view of its subject matter and due to the lack of quality of its author, the present referral cannot be accepted”.

Request for impeachment. The request from the “Mpitolona Generation”, received and registered on the same day of January 16, 2026 at the HCC registry, was also declared “inadmissible”. The GEN X, Y, Z, Y plus platform effectively requested the cancellation of the official results of the legislative elections of May 29, 2024 concerning the 80 IRMAR deputies, as well as their dismissal. The judgment rendered the day before yesterday refers to article 120 of the Constitution which provides, in its last paragraph, that “the judgments and decisions of the High Constitutional Court are reasoned; they are not subject to any appeal. They are binding on all public authorities as well as administrative and jurisdictional authorities.” The request seeking to call into question Judgment No. 31-HCC/AR of June 27, 2024, “the request for dismissal of the 80 deputies elected in the name of Andry Rajoelina’s political party can only be declared inadmissible”, according to the HCC. No appeal against this Judgment is possible, as is also the case with the Decision rejecting the “Fihombonam-be ny Mpitolona”.

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R.O

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