On the second Monday of January 2020, when the executive power had not carried out the elections to renew the political staff, by a simple “tweet”, President Jovenel Moïse said to note the lapse of Parliament, to prohibit, thereafter, ten (10) senators of the Republic, access to Parliament, thus leaving the latter with only ten (10) senators, and a completely empty Chamber of Deputies. What the president does not know is that even with the ten (10) senators in office, Parliament still exists.
In the meantime, the head of government, Jean-Michel Lapin, who had previously been handling business current, according to article 165 of the Constitution of 1987, resigned in March 2020, and the president appointed to replace him, Mr. Joseph Jouthe who, suddenly, forms a new government, with a set of ” civil servants ”invested outside the constitutional prescriptions.
With regard to article 155 of the Constitution, the government is made up of the Prime Minister who is the head of government, the Ministers and the Secretaries of State. And, for there to be Prime Minister, Ministers and Secretaries of State, Article 158 of the Constitution sets the conditions. This article reads: “ The Prime Minister, in agreement with the President, chooses the members of his ministerial cabinet and appears before Parliament, in order to obtain a vote of confidence on his general policy statement . The vote takes place by public ballot and by an absolute majority of each of the two Chambers. “ Further on, he says: ” In the case of a vote of no confidence by one of the two Chambers , the procedure begins again. ”
So, according to the Constitution, one is only Prime Minister, Minister, Secretary of State, by the vote of Parliament. Conversely, invested outside the constitutional procedure, one is not Prime Minister, Minister or Secretary of State.
If, in practice or in fact, one can be Prime Minister, Minister and Secretary of State. 'State without the vote of Parliament, on the other hand, the status of these officials is not de jure or de jure, but de facto or de facto . However, a de facto government, since it is not recognized by the Constitution, its commitments and acts cannot be guaranteed, especially if they affect the future of the nation.
An agreement, a treaty, a convention, are only what they are, only by the vote of ratification by the Parliament, always according to the Constitution in its articles 98-3 and 139. And, a government de facto since it has neither legitimacy nor authority and even less legality, the agreements, treaties and conventions signed by this government are therefore open to challenge, or even annullable, with all the consequences of law.  With regard to the people who occupy these functions (Prime Minister, ministers and secretaries of state) in these irregular conditions, as they are not of right, they are like people who impose themselves by force on citizens. Consequently, the acts or commitments made and signed are binding only. These acts can be called into question at any time, and prosecution can be brought against anyone, whether before the courts and tribunals of Haiti or international tribunals, under the great principle: fraud corrupts everything, which makes null and void, all these acts.
It should be noted that the President of the Republic is obliged to ensure the respect and execution of the Constitution and the stability of the institutions (article 136).  The Constitution cannot foresee major voids which would be the product of the dishonesty of men or members of the powers of the State. And for the smallest gaps provided, there are already rapid correction mechanisms that the Constitution itself provides.
Based on these considerations, it is admitted that the president has either failed in his mission or violated the Constitution ; which would still deserve a sanction. Therefore, he cannot take advantage of his own irresponsibility, or even take pleasure in irregular and unconstitutional appointments.
These considerations are also valid for all those who occupy the function of interim executive agents, a function which does not. has no constitutional reference. Their acts can easily be overturned and lead to both administrative and criminal prosecution in the future.
Finally, no one has an interest in taking pleasure in illegality and unconstitutionality, or even in occupying positions which require taking decisions. decisions under the pretext of the continuity of the State and which can have legal consequences, harmful throughout one's life, whereas one could be in good faith.
M e Inseul Salomon