The intervention Wednesday, of the Congresswoman Maxine Waters (D-CA), at U.S. Congress, which reminded among others, the rumor who wants "that the government intends to force these ten Senators to leave office in January of 2014" was the pretext for Senator Wencesclass Lambert, close to the government, to say like many of his colleagues, that he had no intention of leaving his office on the second Monday of January 2014.

To justify his position Senator Lambert noted that "Article 85 of the Electoral Act of 2008provides a clear and precise mandate that ends the second Monday of January 2015, in accordance with 6-year term for senators in the Constitution."

An incorrect statement regarding the 2008 law still in force, in fact, recall that Senator Wencesclass Lambert was elected in 2009 and sworn in on September 4 of the same year, outside, the electoral law of 2008 [published in the special issue #3 of Le Moniteur Friday, July 25, 2008] states in its Article 85, paragraph b) "The mandate of Senators ends the second Monday of January of the sixth year of their term, regardless of the date of their took office." what set the term of the Mandate [5 years] of Senator Lambert to the second Monday of January 2014 [beginning of the sixth year] and not in 2015 as he claims.

By cons, when hr referring to the Amended Constitution of 1987, Article 95 states that "The Senators are elected for six (6) years and may be re-elected indefinitely. They take office on the second Monday of January following their election. In the event that elections can not be completed before the second Monday of January, elected senators take office immediately after the validation of the election and their term of six (6) years is supposed to have started on the second Monday of January of the year of taking office."

What effectively in this case, fix the term of his mandate to the second Monday of January 2015.

The 2008 Act not having been repealed, as many other Haitian laws, seems therefore in conflict with the amended Constitution... A legal imbroglion, supported by the Senators who voted the one-year extension of their mandate, in the amendment of the 1987 Constitution.

See also :

https://www.haitilibre.com/en/news-9631-haiti-politic-maxine-waters-reiterates-support-for-haitian-elections.html

S/ HaitiLibre