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Madagascar
Keymaster

The archivist palaeographer Razoharinoro-Randriamboavonjy, in his synthesis on the Fokonolona as a judicial institution, cites some examples of business conclusions judged by him (see previous note).
The first date is 1868. “This is what the Fokonolona did for the debtors of Rafaralahy to free themselves of their debt which amounted to 35 piastres. The sum was half paid by Ramahalimby and half by Randrianantoandro; The Fokonolona also fulfilled its obligations at the same time as the families of Ralaitsirofo, Ratsarasata, Ramarobasy and others domiciled in Andranosoalaza. “
Another example in the same year: “Rainimasy and Rasoarivony were on trial for a sum of 17 piastres; Rasoarivony paid Rainimasy 7 piastres and 6th to respect the word she gave. Payment was made in the presence of the Fokonolona as well as Rafaralahimiana, Rainitsarabe, Razafimanana 14 honors, Rainizafy, Ralaitsiry, Rafaratsibako. “
The paleographer evokes another case of 1870. “A dispute arose between Ramanantsoa and Rainipatsa. The Fokonolona suggested to the parties to submit their case, which was done. If one of the parties contests the judgment, a fine consisting of a piastre (destined to the sovereign), 30 piastres, and one ox, shall be imposed upon him. The names of the witnesses followed, a dozen.
Razoharinoro-Randriamboavonjy also speaks of a case that passes before the Fokonolona in 1871. “R … and R … have been on trial. The Fokonolona admonished both of them. It was understood that … To one of the parties contesting the judgment, the following fines shall be imposed: one ox, 30 piastres, and one silver piastre for the lord. “
Another example of the same year: “… R … and R … sued R … for a good … The litigants received our advice and then were invited to explain each other, in the presence of his opponent. They offered the piastre to the king and recognized their respective faults. We have said to them: One of you who has retracted and denied what he has said here will be punished with a fine of 30 piastres, an ox, a piastre d ‘ Money for the king. He who looses his oath will definitely renounce the good and the sanctions provided for by the laws of the State will be applied to him. The statements were made on the evidence of the witnesses. “
The more years pass, the more the Fokonolona becomes a judicial institution. The creation of the “Sakaizambohitra” corps in 1878, that is to say after the organization of the army, saw certain soldiers become “borizano” (veterans) and “sakaizambohitra” (from 1881 they are also Called “Antily”). It is increasingly lessening the role of Fokonolona as a judicial institution.
However, the “Sakaizambohitra” are not judges, but bodies solely responsible for deferring the defendants to the Antananarivo court. Thus, they are not entitled to hold a hearing because they are simply entitled to “hear” and “see” or receive complaints.
According to Razoharinoro-Randriamboavonjy, Article 4 of the Instructions for
“Sakaizambohitra”, the reform tends to reduce significantly the authority of Fokonolona. This article states: “If the inhabitants summon someone to appear in court, bring it up as Fokonolona asks. “That is to say to pass to the superior jurisdiction, that of Antananarivo.
Thus, it appears that the Fokonolona is only one of the two bodies charged with investigating the trial of someone. Razoharinoro then quotes Article 14 of the same Instructions. “If the lord, chief of the district or the Fokonolona, ​​wants to assume the right to arrange
Force a case against the will of one of the parties, have the affair brought up in Antananarivo. “This article wants above all to avoid the abuse of the riding chiefs or Fokonolona in case they are the ones who are at fault. “It may also be regarded as a warning against the temptation of sovereignly overbearing in all things. “
Some even cause disturbances within their constituencies because of their indelicacy. They even alienate the sympathy of the Fokonolona because they often abuse their authority.