Venezuela lawmakers postpone Chavez swearing-in

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Photo -   Members of Venezuela's National Assembly attend a session in Caracas, Venezuela, Tuesday, Jan. 8, 2013. President Hugo Chavez won't be able to attend his scheduled swearing-in this week, Venezuela's government announced, confirming suspicions that the leader's illness will keep him in a Cuban hospital past the key date. (AP Photo/Fernando Llano)
Members of Venezuela's National Assembly attend a session in Caracas, Venezuela, Tuesday, Jan. 8, 2013. President Hugo Chavez won't be able to attend his scheduled swearing-in this week, Venezuela's government announced, confirming suspicions that the leader's illness will keep him in a Cuban hospital past the key date. (AP Photo/Fernando Llano)
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CARACAS, Venezuela (AP) — Venezuela's opposition announced on Wednesday that it plans to ask the Supreme Court to rule on whether delaying the swearing-in of cancer-stricken President Hugo Chavez violates the constitution.

Opposition leader Ramon Guillermo Aveledo said the opposition coalition will ask the court for an opinion on Congress's decision to postpone Chavez's inauguration for a new term, which had been scheduled for Thursday.

The constitutional debate takes place against a backdrop of charges that the government isn't giving complete information about the health of Chavez, who underwent his fourth cancer-related surgery in Cuba last month and hasn't spoken publicly in a month.

"It's very evident that he isn't governing, and what they want us to believe is that he's governing, and they're lying," Aveledo told the Venezuelan television channel Globovision. He insisted on the opposition's stance that the National Assembly president should take over temporarily as interim leader and that the Supreme Court should appoint a panel of doctors to determine Chavez's condition and whether he is fit to remain in office.

Aveledo didn't say when or how the opposition would bring its challenge.

The National Assembly, which is dominated by Chavez's allies, voted on Tuesday to let Chavez be sworn in at a later date before the Supreme Court. Government officials say the constitution allows the court to swear in a new president and argue that clause does not specify a date. It is unclear what the opposition could do, beyond seeking a court decision, to challenge the plan.

Vice President Nicolas Maduro broke the news that Chavez would not be able to attend the scheduled inauguration in a letter to National Assembly President Diosdado Cabello.

The news sparked passionate debate in the assembly, with the opposition coalition arguing that if he is not sworn in on Thursday, Chavez must temporarily step aside and let the head of the National Assembly, Cabello, assume the presidency. Aveledo also wrote to the Organization of American States explaining their concerns, but other opposition leaders say there no plans for protests on inauguration day.

"What I won't do is put people to fight against people," opposition leader Henrique Capriles told reporters. "Our country doesn't need hate. Our country doesn't need fights."

At the heart of the dispute are differing interpretations of Venezuela's constitution. It says the oath of office should be taken before lawmakers in the National Assembly on Jan. 10, this Thursday. But the charter adds that if he is unable to be sworn in by the National Assembly, the president may take the oath before the Supreme Court.

Opponents argue that even if the oath is taken before the Supreme Court it should be on Jan. 10. Chavez's allies argue that the charter doesn't explicitly specify on what day it must take place.

While leaders of both the pro- and anti-Chavez camps say they don't expect violence to break out Thursday, the dispute could give the opposition grounds to question the legitimacy of government officials serving past the scheduled inauguration date.

Capriles said earlier Tuesday that Chavez's current term constitutionally ends Thursday and that the Supreme Court should rule in the matter.

"There is no monarchy here, and we aren't in Cuba," he said.

The Supreme Court on Tuesday rejected one legal challenge brought by an individual lawyer, Otoniel Pautt Andrade, who had argued that it would violate the constitution for Cabello to refuse to assume the presidency provisionally if Chavez were unfit to be sworn in on the set date. The ruling didn't provide a detailed interpretation of the constitution.

In the debate set off by the announcement that Chavez would not return from Cuba for the inauguration, opposition lawmaker Omar Barboza urged Chavez's allies to accept Cabello as interim president while Chavez recovers, saying that this was to avoid an "institutional crisis."

Barboza said that a "temporary absence" should be declared, which would give the president 90 days to recover, and which could be renewed for another 90 days.

Some lawmakers called for a medical team to be formed to determine the state of Chavez's health. Some also questioned why the letter announcing the decision was signed by the vice president rather than Chavez himself.

"Who's governing Venezuela? In Venezuela, Havana is governing, and that's the problem we have," opposition congressman Julio Borges said during the debate.

Maduro has called the swearing-in a "formality" and said the opposition is erroneously interpreting the constitution. Chavez has said that if he's unable to continue on as president, Maduro should take his place and run in an election to replace him.

As he announced lawmakers' approval, Cabello said: "President Chavez, this honorable assembly grants you all the time you need to tend to your illness."

Jorge Rodriguez, a Caracas district mayor and campaign manager in recent elections, accused the opposition of fomenting a "conspiracy" against Chavez's government. He insisted that Chavez remains president despite his health problems and pointed out that the National Assembly had granted the president permission to travel to Cuba for his operation.

Constitutional law expert Henrique Sanchez Falcon, a professor at Central University of Venezuela, said the government's position "is absolutely contrary to what's established under the constitution, which says that the term lasts six years."

The government said on Monday that Chavez was in a "stable situation" receiving treatment due to a severe respiratory infection. The government says he's coping with "respiratory deficiency," but hasn't said how severe it is.

Capriles urged Latin American leaders not to come to Venezuela, asking them to instead demand that the Venezuelan Constitution be upheld.

The governments of Bolivian President Evo Morales and Uruguayan President Jose Mujica announced that they would travel to Caracas, where the Venezuelan government said various Latin American leaders were expected to attend a gathering on Thursday.

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AP Interactive: http://hosted.ap.org/interactives/2012/venezuela/

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