The President of the Republic
The President of the Republic is the Chief of State. He is the guardian of the Constitution. He embodies the national unity. He is the guarantor of national independence, territorial integrity, and respect for international Treaties and Accords. He keeps watch over the regular functioning of public authority and assures the continuity of the State.
The President of the Republic shall be elected for five years by direct universal suffrage, by election on a majority basis from two rounds of ballots. He may only be elected once.
Every candidate for the office of President of the Republic must be of Malian national origin and must have fulfilled all civic and political duties.
The Presidential elections shall be between twenty-one and forty days before the exit of the incumbent president.
The law shall determine the procedure, conditions of eligibility and presentation of the candidacy for Presidential elections, development of the election system, counting of ballots, and proclamation of results. The law shall lay out all the required elements so that elections are free and in order. The President of the Republic shall be elected by absolute majority of cast votes. If no absolute majority can be obtained after the first round of votes, a second round shall be held, the second Sunday following. This second round is open only to two candidates determined by the largest number of votes. If one of the two candidates withdraws, the ballot shall be open to the next candidate coming in order of cast votes. If, in the seven days preceding the deadline for the declaration of candidacy, one of those, less than thirty days before such date, who has announced publicly his decision to be a candidate, decides not to or finds himself unable to continue, the Constitutional Court shall declare a postponement of the election. If, before the first round of ballots, one of the candidates decides not to or finds himself unable to continue, the Constitutional Court shall declare a postponement of the election. In case of death or an unforeseen preventative obstacle of one of the two favored candidates in the first round of ballots before any possible returns, or one of the two candidates remaining after these returns, the Constitutional Court shall decide whether to repeat the elections. The convocation of electors is made by decree held in the Council of Ministers. The Constitutional Court shall control the regulation of these operations, make rulings regarding complaints, and proclaim the results of the election.
Article 34: The functions of the President of the Republic are incompatible with the exercise of any other political function, with any elective mandate, with any public use, or with any other lucrative or professional activity.
During his period of office, the President of the Republic cannot, through himself or another, buy or lease anything which belongs to the State’s domain without prior authorization of the Supreme Court under the conditions laid out by law. He may not participate, through himself or another, in public or private markets for the administrations or institutions under the State’s authority or subject to its control.
When the President of the Republic is temporarily unable to fulfil his duties, his powers shall be provisionally exercised by the Prime Minister. In case of a vacancy of the Presidency of Republic for some unforeseen, disruptive cause that is an absolute or unavoidable obstacle, noted by the Constitutional Court, and the President of the National Assembly and the Prime Minister, the functions of the President of the Republic shall be carried out by the President of the National Assembly. A new process for election of a new president for a new period of five years shall then commence. The election of the new President shall take place between twenty-one and forty days after the official recognition of the vacancy or preventative obstacle. In every case of a preventative obstacle or vacancy, Articles 38, 41, 42, and 50 shall not be applied.
The President Elect shall enter into office fifteen days after the official proclamation of the election results. Before entering into office, he shall declare before the Supreme Court the following oath:
"I swear before God and the Malian People to preserve in perfect fidelity the Republican Regime, to respect and to create respect for the Constitution and the law, to carry out my duties in the superior interest of the People, to preserve the democratic establishment, to guaranty the national unity, the independence of homeland and the integrity of the national territory. I solemnly and on my honor commit myself fully to implement the realization of African Unity." After the inauguration and within a period of 48 hours, the President of the Supreme Court shall publicly announce the oath of the President of the Republic. This declaration shall be the subject of an annual announcement.
The President of the Republic shall name the Prime Minister. He shall put an end to the Prime Minister’s functions on presentation by the Prime Minister of the resignation of the Cabinet. On proposition by the Prime Minister the President of the Republic shall name the other members of the cabinet and [also] terminate their functions.
The President of the Republic shall preside over the Council of Ministers. The Prime Minister will stand in for them under the conditions supplied by this Constitution.
The President of the Republic shall promulgate the laws within fifteen days following transmission to the Cabinet of the definitively adopted text. He may, before the expiration of this time period, demand a new deliberation of the law or certain of its articles by the National Assembly. This new deliberation may not be refused shall suspend the timeline of the promulgation. In case of urgency, the timeline of promulgation may be reduced to eight days.
The President of the Republic, by proposal of the Cabinet, during the duration of its sessions or by proposal of the National Assembly, after the opinion of the Constitutional Court is published in the Official Journal, may place under referendum any and all questions of national interest, any law related to the organization of public powers, consisting of an approval of an accord of union or an authorization of a treaty which, without being unconstitutional, would have effect on the function of the Institutions. When the referendum has concluded that the proposal is to be adopted, the President of the Republic shall promulgate it in the manner prescribed in Article 40.
The President of the Republic may, after consultation with the Prime Minister and the President of the National Assembly, declare the dissolution of the National Assembly. General elections will follow between twenty-one and forty days after the dissolution. The National Assembly cannot be dissolved in the year that follows these elections.
The President of the Republic shall communicate with the National Assembly and the High Council of Collectives by memoranda that are to be read by the President of the National Assembly orby the a member of the High Council of Collectives. If they are not in session, the National Assembly or the High Council of Collectives shall reassemble specifically for this reason.
The President of the Republic is the Supreme Chief of the Armies. He shall preside over the Superior Council and the Committee of Defense of the National Defense.
The President of the Republic is the President of the Superior Council of the Magistracy.
The President of the Republic shall sign ordinances and decrees from the Council of Ministers. He shall name senior civil and military leaders, as determined by law. The Grand Chancellor of National Order, General Officers, Ambassadors, Special Envoys, Regional Governors, Central Administration Directors shall be named by decree of the Council of Ministers.
The Members of the Supreme Court shall be named by decree of the Council of Ministers.
The President of the Republic shall empower the Ambassadors and Special Envoys when engaged with foreign powers.
The President of the Republic shall declare, after deliberation in the Council of Ministers, a state of siege or a state of emergency.
When the Institutions of the Republic, independence of the Nation, integrity of the national territory, or the execution of international engagements are immediately or gravely threatened and the regular functioning of the constitutional public powers are interrupted, the President of the Republic shall take emergency measures as required by the circumstances, after consultation with the Prime Minister, the Presidents of the National Assembly and of the High Council of Collectives as well as the Constitutional Court. He shall inform the nation of the situation by an announcement. The application of these emergency powers by the President of the Republic must not in any case compromise the national sovereignty nor the territorial integrity. The emergency powers must seek to assure the continuity of the State and reestablish the institutions conforming to the Constitution in the event of an interruption of normal State function. When the National Assembly is assembled it may not be dissolved during the President’s exercise of emergency powers.
The President of the Republic may delegate certain powers to the Prime Minister. Actions of the President of the Republic other than those established in Articles 38, 41, 42, 45, and 50, as well as the previous paragraph of the present Article, shall be countersigned by the Prime Minister and, if such should be the case, any other involved Ministers.
The Law shall establish the salary of the President of the Republic and organize the method for establishing a pension for former Presidents of the Republic in their civilian lives.