While the opposition since the appointment by the President a.i. Jocelerme Privert, of Prime Minister Fritz-Alphonse Jean, continues to proclaim in the media the illegality of this nomination in particular because of the absence of a President in the Senate, based on Article Article 137 of the Constitution (amended), which states "[...] the President of the Republic choose his Prime Minister in consultation with the President of the Senate and of the Chamber of Deputies," the President a.i. Privert wishes to restore the following facts :

« The President Jocelerme Privert consulted the presidents of the Senate and Chamber of Deputies. The meetings were held at the National Palace and led to the nomination of the Prime Minister Fritz-Alphonse JEAN.

The President of the Senate, has been through the Vice President Ronald Larèche exercising all the powers of the President in accordance with the rules of the Senate; the substitutionbeing a universally accepted exception to the exercise 'ratione personae' of competencies.

Indeed, Article 147 of the Rules of the Senate (Le Moniteur special of Wednesday, August 12, 2009 states 'The vice president is the second hierarchical authority of the Bureau. As such, it performs all functions delegated by the President of the Bureau, in accordance with Article 141 and, in his absence, he has all the powers of the latter.'

This is also in the sense that at the end of the mandate of President of the Senate in January 2015, Simon Dieuseul Desras, Senator Andris Riche, then vice president, exercised all the powers of the president for a period of one year. He proceeded, in that capacity, to the admission of new senators in January, 2016.

The powers of the President of the Senate may therefore be exercised at the moment and Article 137 of the Constitution may be applied before the Senate elections of a new President," concluded the Head of State a.i.

HL/ HaitiLibre