Madagascar HCC: Constitutional Referendum Permitted Before 2027 Election

• Madagascar's HCC ruled on November 4, 2026, that a constitutional referendum can occur before the presidential election.
• The ruling distinguishes between amending the current constitution and adopting a new one to establish a new institutional order.
• A new constitution requires initiation by the President of the Refondation, Council of Ministers deliberation, three-quarters National Assembly approval, and a popular vote.
• The 2027 finance bill allocates over 199 billion ariary to CENI for electoral preparations, including this potential referendum.
• Political consultations are ongoing, with conclusions expected in November, to define the electoral transition modalities.

The Haute Cour Constitutionnelle (HCC) of Madagascar recently issued an opinion affirming that a referendum to adopt a new Constitution can legally precede the upcoming presidential election.

Madagascar's Haute Cour Constitutionnelle (HCC) recently issued an opinion affirming that a referendum to adopt a new Constitution can legally precede the upcoming presidential election. This significant pronouncement, delivered on Wednesday, November 4, 2026, directly addresses a request from the President of the Refondation, seeking clarity on the feasibility of such a popular consultation before citizens return to the polls to elect a president.

The constitutional court's assessment concluded that organizing a public vote on a new foundational document does not violate existing constitutional provisions. This decision paves the way for a potentially transformative shift in the nation's governance structure, setting the stage for a new constitutional framework to be established before the 2027 presidential election.

The HCC's opinion carefully differentiates between a simple revision of the current constitutional text and the comprehensive adoption of an entirely new Constitution, which would be designed to introduce a fresh institutional order. The court deemed the latter option — establishing a new Constitution — to be legally permissible, provided a series of specific procedural steps are meticulously followed.

For a new Constitution to be enacted, the initiative must originate from the President of the Refondation, followed by deliberations within the Council of Ministers. Subsequently, the proposed project would require approval from three-quarters of the members of the National Assembly before it can be presented to the populace for a direct vote. The HCC also clarified that a referendum presenting multiple choices to voters is viable, contingent upon prior amendments to the legal and regulatory frameworks that govern such electoral consultations.

The prospect of a constitutional referendum is intrinsically linked to Madagascar's broader electoral preparations, particularly concerning the 2027 presidential election. Financial planning for these events is already underway, with the 2027 finance bill earmarking more than 199 billion ariary for the National Independent Electoral Commission (CENI). This allocation is specifically designated to cover the costs associated with both the anticipated constitutional referendum and the subsequent presidential election.

While the HCC's opinion provides a legal green light, the precise timeline for these electoral processes remains undefined, as an official calendar has yet to be established. Further clarity on the modalities of this electoral transition is expected to emerge from the ongoing political consultations. These discussions, which took place from September 1 to 8 at the Lavoloha State Palace, involved various stakeholders including political parties, civil society organizations, and other vital forces. The conclusions from these consultations are slated for presentation on November 9 and 10 at the Ivato International Conference Center, marking a crucial next phase in the preparations for the 2027 elections and shaping the future electoral rules.

Lawyers and compliance officers operating in Madagascar should closely monitor the ongoing constitutional reform process, as the HCC's opinion opens the door for a new Constitution before the 2027 presidential election. This could lead to significant changes in the legal and institutional framework, potentially impacting regulatory stability, contractual obligations, and investment climates.

Source: Original reporting via L'Express de Madagascar