15 January 2013
Last updated at 10:34 GMT
Mr Chavez named Nicolas Maduro as his preferred successor
Venezuelan
Vice-President Nicolas Maduro will give the state of the nation speech
as Hugo Chavez is still in Cuba after surgery, officials say.
Mr Maduro would appear before the National Assembly on
Tuesday "in accordance with the constitution," Deputy Speaker Dario
Vivas said.
President Chavez was due to be sworn in on 10 January for a fourth term.
The Supreme Court ruled he could take the oath at a later date, a view challenged by opposition figures.
Mr Maduro would deliver the annual state of the nation
address at 20:30 GMT (16:00 local time) as President Chavez was still
recuperating in Cuba, Mr Vivas told Venezuelan radio.
This was in line with the constitution as Mr Chavez had been granted leave of absence by the National Assembly, he said.
This view was challenged by some legal experts who highlight
Article 237 of the Constitution which stipulates that the president
should appear "personally" to give the speech within 10 days of the
inauguration of the legislature.
The current assembly was sworn in on 5 January.
President Chavez underwent a fourth operation for cancer on 11 December, and suffered post-operative complications.
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Article 237 of the Constitution
Within 10 days of the inauguration of the National Assembly,
in routine session, the President of the Republic shall personally
present, each year, to the Assembly a message in which they give account
of the political, economic and administrative aspects of their
administration during the previous year.
In the latest report on his
health, the government said a lung infection was "under control" and his
condition was developing favourably, although he still needed help
breathing.
Supreme Court justices have ruled that Mr Chavez, who has
been in office since 1999, can be sworn in for another term as president
at a later date.
Opposition leaders say the government is riding rough-shod
over the constitution and have demanded clarity about who is running the
country.
According to the constitution, if a president is permanently
incapacitated, the speaker of the National Assembly should take over and
elections called within 30 days.
If the absence is temporary, the vice-president assumes charge for a maximum of 180 days.
Continuity or crisis?
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