She hadn’t spoken yet. In the Central African Republic, Danièle Darlan comes out of her silence. The President of the Constitutional Court, dismissed from office on Monday by presidential decree, sent a letter to President Faustin Archange Touadéra on Friday, October 28. RFI is the first media to be able to consult this document.
First, Danièle Darlan explains that the decrees which put an end, Monday, October 24, to her functions as President of the Constitutional Council, and those of Judge Trinité Bango Sangafio did not ” unfortunately no legal basis. They are unconstitutional “, according to his letter, consulted by Clementine Pawlotskyjournalist in the Africa service of RFI.
Darnièle Darlan quotes, among others, article 99 of the Constitution according to which ” the term of office of constitutional judges is 7 years non-renewable “.
“ Therebyshe says, the constitutional judges started their mandate (…) on March 24, 2017 ” and ” this mandate will therefore end after 7 years, i.e. on March 24, 2024 “.
Danièle Darlan then quotes article 102 of the Constitution, according to which ” the members of the Constitutional Court are irremovable during their term of office “.
Cannot terminate a judge’s term
So, ” is it possible to terminate the mandate of a Constitutional Judge before the term? asks Danièle Darlan. According to her, no, relying on Article 100 of the Constitution, an article which sets out three specific exceptions:
- the death of the constitutional judge
- the resignation of the constitutional judge
- the permanent impediment of the constitutional judge
After this legal clarification, Danièle Darlan also returns to the consequences of ” these violations of the Constitutional Court “.
Consequences that will be incalculable “, according to her. And which will affect the ” legitimacy and credibility of the Court “.
The dismissed president of the jurisdiction issues the following warnings: “ We are going to witness a cascade of serial violations » ; ” the new judges will be appointed on an illegitimate basis, because violated », « the teacher that i amshe continues, will have to be replaced by a woman, in application of article 99 of the Constitution “.
But this is currently impossible, because there is currently no law teacher who meets the conditions of 10 years of professional experience.
She explains that there will be two judges (…) illegitimate to the Constitutional Court, which will have heavy consequences on its functioning, its credibility and even its legitimacy “.
Danièle Darlan concludes with her words, addressed to President Touadéra: “ I have always been very sincere with you (…) I have not been unworthy in the exercise of my functions (…) Under my presidency, the Constitutional Court of the Central African Republic has forged fame and respect beyond our borders “.
Click below to read the full letter :
University of Bangui: what to remember from the Extraordinary General Assembly
The aftermath of the Danièle Darlan affair, in the Central African Republic. The teachers of the Faculty of Legal and Political Sciences of the University of Bangui met Friday morning, October 28 in an Extraordinary Assembly. They were summoned to designate, during a secret ballot, the replacement of Danièle Darlan, as a member of the Constitutional Court, after his retirement by presidential decree. But the teachers were unable to appoint Danièle Darlan’s replacement at the Court.
The Extraordinary General Assembly first took note of the retirement of Danièle Darlan, as representative of legal research professors at the Constitutional Court.
Secondly, the Assembly noted the absence, the lack of female candidates to be elected to succeed Danièle Darlan.
According to the 2016 Constitution, it is a woman who must be chosen, to respect parity, and she must have 10 years of professional experience. However, no one at the Faculty meets these criteria. To respond to this problem, the Assembly therefore asks the government to partially revise Article 99 of the Constitution. The Assembly calls, more specifically, for the withdrawal of the parity criterion, which would make it possible to appoint later a person who has at least 10 years of professional experience, but who would not necessarily be a woman.