TITLE III. OF THE EXECUTIVE POWER
Article 65
The executive power is exercised by the President of the Republic. The President of the Republic is the person elected by the Nation, and he personifies national unity.
He is the guarantor of national independence, territorial integrity, respect for the Constitution, as well as treaties and international agreements.
He assures, by his arbitration, the regular functioning of public powers as well as the continuity of the State.
Chapter I. Of the President of the Republic
Article 66
The President is elected by universal direct suffrage for a term of six (6) years, renewable once.
Article 67
Chadians of the two (2) sexes meeting the following conditions may present their candidature to the duties of President of the Republic:
- be Chadian by birth, born of father and mother themselves Chadian of origin and not having a nationality other than Chadian;
be a minimum of forty-five (45) years old; enjoy all their civil and political rights; have good physical and mental health; be of good morality; reside in the territory of the Republic of Chad.
The candidate must also pay a deposit, the amount of which is established by law.
If the candidate is a member of the armed forces and security forces, he must first be placed on extended leave.
Article 68
The candidatures for the Presidency of the Republic are deposited with the Supreme Court at least forty (40) clear days and at most sixty (60) clear days before the first round of the ballot.
Thirty (30) days before the first round of the ballot, the Supreme Court decides to accept candidatures and publishes the list of the candidates.
Article 69
Voting is opened upon convocation of the electors by decree taken in the Council of Ministers.
The election of the new President takes place thirty-five (35) days at the latest before the expiration of the current term.
Article 70
In case of death or incapacity of one of the two (2) candidates most favored in the first round, before any possible withdrawals, the Supreme Court, after the finding, orders that it must proceed again with the entirety of the electoral operations; it is the same in case of death or incapacity of one of the two candidates remaining for the second round.
Article 71
The election of the President of the Republic takes place by uninominal majority ballot in two (2) rounds.
The candidate who has obtained the absolute majority of the suffrage expressed is declared elected at the first round.
If no candidate has obtained the absolute majority in the first round, it proceeds, the second Sunday following, to a second round for the two (2) candidates arriving before the others.
The candidate having obtained the greatest number of votes in the second round is elected President of the Republic.
Article 72
The conditions of eligibility, of presentation of the candidatures, of the course of the ballot, of the counting and of the proclamation of the results are specified by the law.
Article 73
The Supreme Court sees to the correctness of the ballot and declares the results.
If no objection relative to the regularity of the electoral operations is filed with the Supreme Court by one of the candidates within the five (5) days of the provisional proclamation, the Supreme Court declares the President of the Republic definitively elected.
In case of objection, the Supreme Court is required to decide within fifteen (15) days from the provisional proclamation; its decision results in definitive proclamation or annulment of the election.
If no objection is raised within the time period of five (5) days and if the Supreme Court deems that the election was not marred by any irregularity of a nature causing its annulment, it proclaims the election of the President of the Republic within the ten (10) days which follow the ballot.
In case of annulment, it proceeds to a new round of the ballot within the twenty-one (21) days following the decision.
Article 74
The mandate of the new President of the Republic takes effect from the date of expiration of the preceding mandate.
Article 75
After the definitive proclamation of the results by the Supreme Court, the President of the Republic elected takes an oath following the denominational formula consecrated by law, before the Supreme Court meeting in solemn audience, in the presence of the members of the National Assembly.
In the course of this public ceremony, he receives the attributes of his function and delivers on this occasion a message to the Nation.
The formulation of the oath is the following:
“We ………………, President of the Republic elected according to the laws of the country, solemnly swear before the Chadian People and, on my Honor:
- to preserve, respect, enforce and defend the Constitution and the laws;
to fulfill with loyalty the high functions that the Nation has entrusted in us; to respect and defend the republican form of the State; to preserve the integrity of the territory and the unity of the Nation; to make every effort to guarantee justice to all citizens; to respect and to defend individual rights and freedoms”.
Article 76
The functions of the President of the Republic are incompatible with the exercise of any other elective mandates, of any public employment, and of any other professional and profitable activity.
Article 77
The President of the Republic is obligated, upon beginning his duties and at the end of his mandate, to make on his honor a written declaration of his patrimony, addressed to the Supreme Court.
Article 78
During his term, the President of the Republic may not by himself, or by an intermediary purchase or lease that which belongs to the domain of the State.
He may not take part either by himself, or by an intermediary, in public and private contracts of the State or of its dismemberments.
Article 79
The law establishes the civil list and other benefits granted to the President in office.
It also determines the conditions of granting a pension and other benefits to former Presidents enjoying their civil and political rights.
Article 80
In the case of absence from the territory or temporary incapacity of the President of the Republic, his interim is assured by a member of the Government designated by his attention [par ses soins], within the limits of the powers that shall have been delegated to him. A regulatory act of the President of the Republic determines the conditions of exercise of the interim.
Article 81
In case of vacancy of the Presidency of the Republic for any cause, or of definite incapacity as declared by the Supreme Court, referred to by the Government, and deciding with the absolute majority of its members, the duties of the President of the Republic, with the exception of the powers specified in Articles 85, 88, 95 and 96, are provisionally exercised by the President of the National Assembly and, in case of incapacity of the latter, by the First Vice President.
In every case, it proceeds to new presidential elections at least forty-five (45) days and ninety (90) days at most after the vacancy is opened.
Article 82
The President of the National Assembly performing the functions of the President of the Republic may neither dismiss the Government, nor proceed to a revision of the Constitution, nor dissolve the National Assembly.
Article 83
The President of the Republic is not responsible for acts committed in the exercise of his functions except in the case of high treason that is provided for in Article 157.
Article 84
The President of the Republic is the Head of State, Head of the Government and of the Administration. In this capacity, he determines and conducts the policy of the Nation and he exercises regulatory power.
Article 85
The President of the Republic appoints the members of the Government. He sets their duties and terminates their functions.
The members of the Government are responsible before the President of the Republic.
Article 86
The President of the Republic presides over the Council of Ministers.
The Council of Ministers deliberates obligatorily on:
- decisions determining the general policy of the State;
bills of law; ordinances and regulatory decrees.
Article 87
The President of the Republic has the initiative of law concurrently with the members of the National Assembly.
He promulgates the laws within the fifteen (15) days which follow the transmission of the law definitively adopted to the Government.
He can, before the expiration of this time period, demand of the National Assembly a new deliberation of the law or of certain articles.
The new deliberation, which may not be refused, suspends the time period of promulgation.
In case of urgency, the time period for promulgation is reduced to eight (8) days.
Article 88
The President of the Republic, during the sessions or on proposal from the National Assembly published in the Official Gazette, and after the opinion of the Supreme Court, can submit to referendum any bill of law concerning organization of the public powers, including the approval of an agreement of union or the ratification of a treaty which, without being contrary to the Constitution, would affect the functioning of the Institutions.
Article 89
The President of the Republic, after consultation of the National Assembly, can submit to referendum any text or any question necessitating the direct consultation of the People.
When the referendum has concluded with the adoption of the text, the President of the Republic promulgates it within the time period provided for in Article 87 section 2.
Article 90
The President of the Republic assures the execution of the laws.
He guarantees the execution of the decisions of justice.
Article 91
The President exercises the right of pardon and the initiative of bills of law of amnesty.
Article 92
The President of the Republic accredits and recalls the ambassadors and extraordinary envoys to the States and to the International Organizations. The foreign ambassadors and extraordinary envoys are accredited to him.
Article 93
The President of the Republic is the Supreme Head of the armies. He presides over the Superior Councils and Committees of the National Defense.
Article 94
The President of the Republic can, outside of the specialized functions of defense of territorial integrity reserved for the Defense and Security Forces, have these contribute to the economic development of the Nation and to any other tasks of public interest within the conditions defined by law.
Article 95
When the regular functioning of the public powers is threatened by persistent crises between the executive power and the legislative power, the President of the Republic can pronounce the dissolution of the National Assembly.
The general elections take place within a time period of forty-five (45) days after the dissolution of the National Assembly.
The National Assembly meets with full rights on the fifteenth working day following its election. If this meeting takes places outside of the periods provided for the ordinary sessions, a session is opened of right for a time period of fifteen (15) days.
A new dissolution may not proceed in the year which follows these elections.
Article 96
When the Institutions of the Republic, the independence of the Nation, the territorial integrity or the fulfilment of international commitments are threatened in a serious and immediate manner, such that the regular functioning of the public powers is interrupted, the President of the Republic, after obligatory consultation of the President of the National Assembly and with the President of the Supreme Court, takes in the Council of Ministers, for a time period not exceeding thirty (30) days, the exceptional measures required by the circumstances.
This period may only be extended after the conforming opinion of the National Assembly.
The National Assembly meets of plain right if it is not in session.
The President informs the Nation of it by a message.
The end of the crisis is declared by a message of the President of the Republic to the Nation.
These exceptional measures shall not justify infringements on human rights, on physical and moral integrity and on the jurisdictional guarantees granted to individuals.
Article 97
The measures taken by virtue of the preceding Article must be motivated by the will to assure constitutional public powers, within the least time period, the means to accomplish their mission.
The National Assembly may not be dissolved during the exercise of exceptional powers.
Article 98
The President signs the orders and the decrees taken in the Council of Ministers.
He appoints, in the Council of Ministers, to the high civil and military functions of the State.
An organic law determines the offices over which he has purview in the Council of Ministers as well as the conditions under which the President of the Republic’s power of appointment may be delegated by him to be exercised in his name.
Article 99
The President of the Republic communicates with the National Assembly by messages which do not give rise to any debate. Out of session, the National Assembly is convened specially to this effect.
Article 100
The acts of the President of the Republic other than those relating to:
- the dissolution of the National Assembly;
the recourse to referendum; the exercise of exceptional powers; the messages addressed by him to the National Assembly; the referral of matters to the Supreme Court; the appointment of members of the Government, of the Supreme Court, of the High Authority of the Media and of Audiovisuasl, of the National Commission of the Rights of Man, of the High Council of the Autonomous Collectivities and of the Traditional Leadership (Chefferies), and of the Economic, Social and Cultural Council; the right of pardon; the ordinary [simples] decrees,
are countersigned by the Ministers responsible, the case arising.
Article 101
The President of the Republic may delegate certain powers to the Ministers.
Article 102
The President of the Republic addresses, once annually, a message to the National Assembly on the state of the Nation.
He can also, at any moment, address messages to the National Assembly. These message do not give rise to any debate; they may always motivate the work of the National Assembly.
Chapter II. Of the Government
Article 103
The Government is composed of the President of the Republic and of the Ministers.
Article 104
The Government executes the policy of the Nation defined by the Council of Ministers. It assures the execution of the laws.
Article 105
The Ministers are appointed by the President of the Republic.
Before the commencement of their duties, the ministers swear an oath before the President of the Republic, following the denominational formula consecrated by the law.
Article 106
The Ministers are only responsible before the National Assembly within the conditions and following the procedures provided for in Articles 109, 112, 144 and 145.
Article 107
The Government assures public security and the maintenance of order with respect for the freedoms and the Rights of Man.
To this end, it has at is disposal all the police forces responsible for the maintaining of order and of domestic security.
Article 108
At the commencement and end of their duties, the members of the Government are held to file the list of their assets before the Supreme Court.
The members of the Government are justiciable before the jurisdictions of common law for the economic and financial crimes and misdemeanors committed by them in the exercise of their functions.
The provisions relative to public contracts and adjudications provided for in Article 78 are applicable to the members of the Government.
Article 109
Any Minister can, in the exercise of their government functions, be interpellated by the National Assembly.
In this circumstance, the National Assembly can take a resolution or make recommendations to the President of the Republic.
Article 110
The functions of members of the Government are incompatible with the exercise of any parliamentary mandate, of any function of professional representation of national character, with any public employment or any professional lucrative activity, with the exceptions of education, of scientific research, of health, of agriculture and of animal husbandry.
