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mardi 9 juin 2015

No law makes @LaurentLamothe a public accountant : The Electoral Council must respect the electoral law.-

The anti-Lamothe conspirators have a serious problem. They fail to find a legal text in Haitian law supporting the implementation of the Art 36 and 90 of the electoral decree against the ex-Prime minister.  

Ubi lex non distinguit, nec nos distinguere debemus: Where the law does not distinguish, we ought not to distinguish. 

Article 13 of the Presidential Act of 2005 establishes that the duties of the Authorizing Officer and those of the Public Accountant are incompatible. Only a Statutory Law can establish the difference between Public Accountant managing public funds and an Authorizing Officer. Only a Statutory Law can conflate the role of the Public Accountant with that of an Authorizing Office. 

Today, the legal distinction, as established by law, acts in favors of the Ex-Prime minister Laurent Lamothe in that the Authorizing Officer is not a Public Accountant as established by law.

The Presidential Act of 2005 clearly states that a minister is an Authorising Officer, not a Public Accountant, while the electoral decree requires that public accountants to have a certificate of discharge. 

The Electoral Council must respect the electoral decree. 

Cyrus Sibert, Cap-Haitien, Haiti 
9 juin 2015

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