Revocation of the Prime Minister: Legality of an Administrative Act, Political Legitimacy, and Sovereignty at Stake

Port-au-Prince, Thursday, January 29, 2026 —The revocation of Prime Minister Alix Didier Fils-Aimé by the Transitional Presidential Council (CPT) highlights a persistent tension between administrative law and international influence. The situation reveals both the limits of the Constitution and the complexity of governance during a transitional period.

For Me Samuel Madistin, a lawyer and expert in administrative law, the situation is clear:

« The Transitional Presidential Council, as a collegial administrative entity, plays the role of the President of the Republic, which is different for a member taken individually. »

According to him, « there is no rule stating that the Transitional Presidential Council must make its decisions unanimously; the council makes its decisions by vote, with a qualified majority. »

Thus, the coordinator of the Transitional Presidential Council (CPT) « does not have veto power over decisions made by the majority; he must submit to the majority's decision, and as soon as he does not submit, he is deemed to have resigned. »

Me Madistin adds that « the authority that appointed the Prime Minister has the right to revoke him, » and that certain administrative decisions, such as the revocation of the Prime Minister, cannot be legally challenged.

This legal interpretation is supported by former deputy Déus Deronneth, who believes that:

« the revocation of the Prime Minister is not a matter of end-of-term negotiation; it is the exercise of an administrative and political right held by the CPT. »

According to him, the continued presence of Alix Didier Fils-Aimé represents « an element of confrontation and a factor of irritation that should be removed without delay, in order to restore national serenity. »

Conversely, former President Jocelerme Privert insists on institutional continuity:

« There will be no political vacuum in Haiti. [...] After the end of the CPT's mandate, the Council of Ministers, under the leadership of Prime Minister Alix Didier Fils-Aimé, will govern the country until the next elections are organized. »

Privert also recalls that the presidency can only be ensured by universal suffrage election or by the National Assembly in specific cases provided for by the Constitution.

This position is tempered by former Senate President Kely Bastien, who warns against the instrumentalization of the Constitution by stating:

« Article 149 speaks of a Council of Ministers to govern the country if a vacancy is observed: resignation, impeachment, death, or physical incapacity. What is currently happening in the country does not correspond to any of these cases. »

Bastien insists: « One cannot take a phrase from the Constitution to solve a de facto problem. The solution must be political, not legal. »