TITLE III. OF THE EXECUTIVE POWER
Article 21
The Executive is composed of the President of the Republic and of the Government.
The Central African People elect, by direct universal suffrage, the President of the Republic.
The President of the Republic is the Head of the Executive.
The Prime Minister is the Head of Government.
Chapter 1. Of the President of the Republic
Article 22
The President of the Republic is the Head of State.
He incarnates and symbolizes the national unity; he sees to the respect for the Constitution, assures, through his arbitration, the regular functioning of the public powers as well as the continuity and the sustainability of the State.
He is the guarantor of the national independence, of the integrity of the territory, [and] of respect for the agreements and treaties.
He establishes the grand orientations of the policy of the Nation.
He appoints the Prime Minister, Head of Government and terminates his functions. On proposal of the Prime Minister, he appoints the other members of the Government and terminates their functions.
He is the Head of the Executive. As such, he convenes and presides over the Council of Ministers. In it he establishes the agenda in advance and in it he registers the decisions [made]. He sees to the execution of the laws.
He promulgates the laws, [and] signs the ordinances and the decrees.
He is the Supreme Head of the Armies.
He is responsible for the national defense.
He presides over the Superior Council and Committee of National Defense.
He presides over Superior Council of the Magistrature, the Consultative Commission of the Council of State and the Conference of Presidents and of Procurator General of the Court of Accounts; he sees to the execution of the decisions of justice.
He has the right of pardon.
He directs all the administrations and appoints to the civil and military functions.
He negotiates and ratifies international treaties and agreements.
He accredits the ambassadors and the envoys to foreign Heads of State. The foreign ambassadors and envoys are accredited to him.
He confers the honorific distinctions of the Republic.
Article 23
The function of President of the Republic is incompatible with the exercise of any other political function, of any other elective mandate, [and] of any lucrative activity, under penalty of dismissal.
Article 24
The President of the Republic is elected by universal direct suffrage and by secret majority ballot in two (2) rounds.
The duration of the mandate of the President of the Republic is of five (5) years. The mandate is renewable one sole time.
Only men and women of Central African origin, aged thirty-five (35) years at least, having a property built on the national territory and not having been the object of a sentence to an afflictive or defamatory penalty, can be candidates to presidential election.
They must enjoy their civil rights, be of good morality and capable of assuring with lucidity and effectiveness the functions of their responsibility.
The election of the new President takes place forty-five (45) days at least and ninety (90) days at most before the termination of mandate of the President in office [exercice].
When the electoral process, proceeding within the time period provided for by the Constitution may not be concluded, because of unforeseen and irresistible events, for the elections to be held before the end of the mandates of the President of the Republic and of the National Assembly, the President of the Republic refers [the matter] to the Constitutional Court to the end, on the one hand, of establishing the risk of the expiration of the presidential and legislative mandates, and on the other, to authorize the departing President to retain his prerogatives until the organization of the elections can be made.
The electoral process restarts [reprend] at the phase attained as from the decision of the Constitutional Court.
The new time period is obligatorily established in strict observation of the legal time periods specified for each step in the Electoral Code.
They must enjoy their civil rights, be of good morality and capable of assuring with lucidity and effectiveness the functions of their office [charge].
The election of the new President takes place forty-five (45) days at least and ninety (90) days at most before the termination of the mandate of the President in office [exercice].
Article 25
The results of the presidential election are proclaimed by the Constitutional Court fifteen (15) days at most after the ballot.
The investiture, by the Constitutional Court, of the President-elect takes place within a time period of forty-five (45) days at most after the Court has dealt with[any] electoral disputes.
In case of the death or of disability within that time period, the provisions of Article 34 below are applied.
When he enters into his functions, standing, visibly, his left hand resting on the Constitution and the right hand raised, the President of the Republic takes the following oath before the Constitutional Court sitting in solemn audience:
“I swear before God and before the Nation to observe the Constitution scrupulously, to guarantee the independence and the sustainability of the Republic, to safeguard the integrity of the territory, to preserve the peace, to consolidate the national unity, to assure the well-being of the Central African People, to fulfill conscientiously the duties of my office without any consideration of ethnic, regional, or religious order, of never exercising the powers conferred upon me by the Constitution for personal ends and in all [things] only to be guided by the national interest and dignity of the Central African People”.
Article 26
Within the thirty (30) days which follow the taking of the oath, the newly elected President of the Republic makes a written declaration of his patrimony[,] deposited at the Office [greffe] of the Constitutional Court[,] which is rendered public within eight (8) working days.
Article 27
The President of the Republic has the initiative of the laws. He promulgates them within the fifteen (15) days which follow the definitive adoption of the text by the National Assembly. This time period is reduced to five (5) days in case of urgency declared by the National Assembly.
He can[,] nevertheless, before the expiration of this time period, demand of the National Assembly a new deliberation of the law or of certain of its provisions. This demand must be substantiated and the new deliberation may not be refused. It intervenes obligatorily in the course of the same session. The adoption, unchanged, of the text submitted to this new deliberation may only intervene with the qualified majority of two-thirds (2/3) of the members who compose the National Assembly.
The President of the Republic promulgates this law within the month which follows the close of the parliamentary session.
Article 28
When the circumstances require it, the President of the Republic can submit to referendum, after [the] opinion of the Council of Ministers, [of] that of the Bureau the National Assembly and [of] that of the President of the Constitutional Court, any bill of law, or before its promulgation, any law already voted by the National Assembly.
The text adopted by the people as a result of the referendum is promulgated within a time period of fifteen (15) days.
Article 29
As an exception, for a limited time period and for the execution of a specific program, the President of Republic can demand of the National Assembly the authorization to take, by ordinances, the measures which are normally of the domain of the law. The ordinances are adopted in the Council of Ministers after[the] opinion of the Constitutional Court. They enter into force on their publication but become lapsed if they have not been ratified at the expiration of the time period specified in the enabling law.
At the expiration of this time period, the ordinances, when they have been ratified, may only be modified by the law in those matters which are of the legislative domain.
Article 30
When the institutions of the Republic, the independence of the Nation, the integrity of the territory, the execution of international commitments or the normal functioning of the public powers are threatened in a grave and immediate manner, the President of the Republic, after [the] opinion of the Council of Ministers, of the President of the National Assembly and of the President of the Constitutional Court, takes the measures required by the circumstances with the view to establish the public order, the integrity of the territory and the regular functioning of the public powers.
The Nation is informed by message of the President of the Republic of his decision to implement or to discontinue the application of this Article.
When he exercises [dispose] exceptional powers, the President of the Republic may not revise or suspend all or part of the Constitution or dissolve the National Assembly. During the exercise of exceptional powers, the National Assembly meets of plain right. It is referred[,] for ratification, within the fifteen (15) working days [following] their promulgation, to [the matter] of the measures of legislative nature taken by the President of the Republic. These measures will become lapsed if the bill of law of ratification is not deposited with the Bureau of the National Assembly within the said time period.
The National Assembly can adopt them, amend them, or reject them in the vote on the law of ratification.
The application of exceptional powers by the President of the Republic must, in no case, compromise either the national sovereignty or the territorial integrity.
Article 31
The President of the Republic can, when the circumstances require it, after [the] opinion of the Council of Ministers, of the Bureau of the National Assembly and of the President of the Constitutional Court, declare a state of siege or of alert for a period of fifteen (15) days. This time period may only be extended by the National Assembly, convened in extraordinary session with or without [a] quorum.
Article 32
The President of the Republic communicates with the National Assembly, either directly or by [a] message he has read. These communications do not give rise to any debate or vote.
Out of session, the National Assembly meets specially to this effect.
Article 33
The President of the Republic can, after consultation of the Council of Ministers, of the Bureau of the National Assembly and of the President of the Constitutional Court, declare the dissolution of the National Assembly. The legislative elections then take place forty-five (45) days at least and ninety (90) days at most after the dissolution.
The National Assembly meets of plain right within the month which follows it selection.
A new dissolution may not take place within the twelve (12) months which follow these elections.
Article 34
The vacancy of the Presidency of the Republic is only created [ouverte] by the death, the resignation, the removal, [or] the conviction of the President or by his definitive incapacity to exercise his functions in accordance with the duties of his office [charge].
Any case of definitive incapacity or of illness, which places the President of the Republic in the absolute impossibility of exercising his functions, must be confirmed [constate] by a Special Committee presided over by the President of the Constitutional Court and including the President of the National Assembly and the Prime Minister, Head of Government. The Special Committee, referred to [the matter] by the Government, decides with the absolute majority of its members, by decision taken after [the] separate and substantiated opinion of three doctors, designated by the National Council of the Order of Doctors, Dental Surgeons, and Pharmacists and obligatorily including the personal physician of the President of the Republic.
In [the] case of death, a report [constat] must be established by the Special Committee specified [vise] in paragraph 2 of this Article, by decision taken after[the] separate and substantiated opinion of three doctors, designated by the National Council of the Order of Doctors, Dental Surgeons, and Pharmacists and obligatorily including the personal physician of the President of the Republic.
In [the] case of conviction, the decision that is pronounced is transmitted by the President of the concerned jurisdiction to the President of the Constitutional Court[,] who informs the President of the National Assembly by letter and the Nation by message[,] of it.
In [the] case of resignation, the President of the Republic notifies [concerning] it by letter to President of the Constitutional Court and informs the Nation by message.
The ballot for the election, of the new President must intervene forty-five (45) days at least and ninety (90) days at most after the creation [ouverture] or the determination of the vacancy. The person exercising the functions of the President of the Republic provisionally may not be a candidate at this election.
In [the] case of resignation, of dismissal, of definitive incapacity or of death, the President of the Republic is substituted by the President of the National Assembly.
In the hypothetical [case] where [the President of the National Assembly] will be himself in one of the above cases, the substitution is assured by one of the Vice Presidents of the National Assembly in order of precedence.
The substitute is required to organize, within the forty-five (45) working days at least and ninety (90) working days at most, the election of the new President of the Republic.
During the period of the substitution, the provisions of Articles 22 to 33 above, are not applicable.
Article 35
In case of temporary absence or incapacity of the President of the Republic, the Prime Minister, Head of Government, assures the substitution.
In case of temporary absence or incapacity of the President of the Republic and of the Prime Minister, Head of Government, the President of the Republic establishes by decree the attributions of one of the Ministers charged to assure the substitution by virtue of an express delegation.
Article 36
With the exception of those concerning the domains reserved [to] the Head of State provided for in Articles 22, 27, 29, 30, 31, 32, 69, 72 and 74, the acts of the President of the Republic are countersigned by the Prime Minister and, the case arising, by the Ministers given the charge of their execution.
The absence of the countersignature may result in the nullity of these acts.
Article 37
The law establishes the benefits granted to the President of the Republic and organizes the modalities of granting of a pension to the former Presidents of there public enjoying their civil rights.
Chapter 2. Of the Government
Article 38
The Government consists of the Prime Minister, Head of Government[,] and the Ministers.
Article 39
The Prime Minister, Head of Government, determines and conducts the policy of the Nation, of which the grand orientations are established by the President of the Republic, Head of State, in accordance with Article 22 above.
The Prime Minister, Head of Government, directs [dispose] the Administration and appoints to specific civil offices [emplois] determined by the law.
He assures the execution of the laws.
On the authorization of the President of the Republic, Head of State, he presides over the Councils of the Cabinet and [of] the Inter-Ministerial Committees.
The regulatory acts of the Prime Minister, Head of Government, are countersigned by the Ministers given the charge their execution.
The absence of [the] countersignature may result in the nullity of these acts.
Article 40
The Prime Minister, Head of Government, is responsible before the President of the Republic and before the National Assembly.
The functions of the Prime Minister can be terminated at any time, by the President of the Republic or following a motion of censure adopted with the absolute majority of the members composing the National Assembly.
Article 41
After the appointment of the members of the Government, the Prime Minister, Head of Government, within a time period of sixty (60) days, presents it to the National Assembly and presents [expose] its program and general policy. In case the time period of sixty (60) days is not respected, Article 40above is applied.
This program defines the broad outlines [of] action that the Government proposes to take in the various sectors of national activity and notably in the domain of economic, scientific, technical, technological, social, environmental, [and] cultural policy and [the domain] of foreign policy.
On this occasion, the Prime Minister, Head of Government must demand a vote confidence of the National Assembly.
The confidence is granted or denied by the absolute majority of the members who compose the National Assembly.
The Prime Minister, Head of Government, can, after deliberation by the Council of Ministers, engage the responsibility of the Government before the National Assembly on the vote of a text. In this case, the text is considered as adopted, unless if a motion of censure, deposited within the twenty-four (24) hours which follow, is voted within the conditions established in Article 48 below.
Article 42
The Prime Minister, Head of Government, can delegate certain of his powers to the Ministers.
The interim of the Prime Minister, Head of Government, is assured by a member of Government designated by decree of the President of the Republic.
Article 43
The functions of member of Government are incompatible with those of member of the National Assembly, of member of the Economic and Social Council, of any function of professional representation, of any salaried employment and of any lucrative activity.
A law establishes the conditions under which the replacement of the titular[person] of such mandates, functions or employment is provided for.
Article 44
In the sixty (60) working days which follow the formation of the Government, the Prime Minister and the members of the Government make, each in [regard] to what concerns him, a written declaration of [their] patrimony, deposited at the Office of the Constitutional Court, which renders it public within eight (8) working days.
Article 45
Within the domains concerning [touchant] their departments, the Ministers are heard by the National Assembly on the oral or written questions posed by the Deputies.
Article 46
The Government examines, in the Council of Ministers, the bills of law before their deposit with the National Assembly. It is consulted for [its] opinion on the proposals of law.
It is also referred to [a matter,] prior to any decision:
- of questions concerning the general policy of the Nation;
of a bill of plan; of the bill of revision of the Constitution; of the appointments to specific civil and military offices [emplois].
Article 47
The National Assembly can, by the vote of a motion of censure, engage the responsibility of the Government.
The motion of censure is remitted, to be signed by the President of the National Assembly who notifies the Government of it without delay.
It obligatorily carries the title “Motion of Censure” and must be signed by one-third (1/3) of the members who compose the National Assembly.
The vote [vote] on the motion of censure intervenes within the forty-eight (48) hours which follow its deposit.
The vote [scrutin] takes place by a secret ballot [bulletin] and with an absolute majority of the members who compose the National Assembly.
Article 48
When the National Assembly adopts a motion of censure or when it disapproves the program or a declaration of general policy of the Government, the Prime Minister must remit, without delay, to the President of the Republic, the resignation of his Government.
