THE LEGAL SITUATION OF PRESIDENT CHAVEZ

María Páez Victor

8 January 2013

  

In Venezuela,  life goes on its everyday course. The National Assembly carries out its duties, the government and the law courts function normally. There is a strong government party, the police and the military carry out their regular duties, there is obviously a working rule of law. Merchants sell, industries produce, fields are cultivated. Life continues its natural rhythm, people go to work and school as ever, despite the physical absence of Chávez.

There is stability and institutions function normally. There is no crisis nor vacuum of power. But the USA and its allies in the Opposition are trying to create them where there is none. They believe that lying to the the media will create reality. They have augmented a psychological and dirty war againt the Bolivarians since they have not been able to defeat them in 14 years with coup d’etats or elections.

The Oppositions wants to create anxiety, distabalize the government and demoralize the Bolivarian forces and are even talking about a general strike on January 10^th. They have attempted a “parliamentary coup d’etat” like the one in Paraguay by sending letters to foreign ambassadors and to parliamentarians offering a poisoned apple to the President of the National Asembly– Diosdado Cabello- demanding that he declare himself president of the country. If he did, it would immediately divide the Bolivarians. They have taken Cabello for a traitor and a fool – and they have been sorely mistaken.

 The truth is that ,

·      On 7 October 2012, Venezuelans elected Hugo Chávez with a grand advantage of 12% over his rival. THIS IS THE WILL OF THE PEOPLE WHICH IS THE FUNDAMENTAL FACT, much more important than any formal inauguration ceremony;

·      Venezuelans voted for the government program proposed by Chávez to intensify Bolivarian Socialism;

·      On 8 December, in a historic speech, Chávez said that his cancer had returned and he would be asking the Assembly for permission to receive medical treatment in Cuba. Aware of the inherent risks, if he were not able to take on the presidential duties and new elections were warranted, he asked the people to vote for the Vice-president, Nicolás Maduro as the candidate for the United Socialist Party of Venezuela, PSUV;

·      On 8 December, the Assembly unanimously gave the President leave to be operated in Cuba, permission that is valid for 90 consecutive  days;

·      On 16 December, Venezuelans ratified the program and the PSUV giving a landslide victory to the PSUV state governors who won 20 out of 23 states; an indisputable triumph not only of one man, but also of a program and a party;

·      Chávez is ill and news of his condition  -delicate but stable- has been communicated to the people and the world by numerous press releases;

·      The Constitution (Article 231) indicates that “if for any supervening reason”, that is  not forseen, the president elect cannot be sworn in on January 10^th, he can do so before the Supreme Court, and it does not specify a necessary date;

·      The Constitution (Article 234) indicates that a President who becomes temporarily unavailable to serve shall be replaced by the Vice-president (in this case Nicolás Maduro) for a period of up to 90 days which may be extended by the Assembly for another 90 days, (total 6 months). If the temporary absence continues further, the Assembly has the power to decide by a majority vote whether the unavailaiblity of the president should be considered permanent;

·      The Constitution (Article 233) determines that the reasons to declare a permanent unavailability of a president are the following: : 

o    death

o   resignation 

o   removal from office by the Supreme Court

o   permanent physical or mental incapacity certified by a medical board designated by the Supreme Court with the approval of the Assembly;

o   abandonment of his position, duly declared by the Assembly;

o   recall by popular vote.

o   NONE OF THESE REASONS APPLY TODAY. 

·      If there were a permanent unavailability of a President, the President of the National Assembly (in this case Diosdado Cabello) shall take chage of the Presidency and new elections must be held within 30 days;

·      The Vice- president is not elected by popular vote, but chosen by the President. Therefore, if there is a permanent absence of Chávez, Nicolás Maduro has to win the next elections to replace him;

Have no doubts: the experience and dedication of Maduro is such that he would handily win the elections.

The illness of Chávez has increased the affection of his people towards him something so unusual in modern political life that Nicolás Maduro has stated:  "We are living today a spiritual revolution, the revolution of love that has burst out in Venezuela and the world so that our Commander can overcome these difficult hours....The spiritual battle that we are  engaged in, every day unites us even more." (4 December 2012). 

And not only in Venezuela, there have been public prayers said for his health in 58 countries! Something really without precedent. 

 

God forbid, but it is possible that Chávez dies or that he remain so ill that he cannot take up his presidential duties. But such has been his brilliant leadership, not only in Venezuela but in Latin America which he has transformed with a structure for its integration and defence of its sovereignty, that the changes which he initiated, now have a life of their own. 

Those who recently complained about a supposed "hyper-leadership", may they realize now that Chávez is irreplaceable, but that his ideas and his actions have been fertile seeds in the soul of his people who now proclaim emphatically that: WE ARE ALL NOW CHAVEZ.

 

The heroes of the people live forever.