Mozambique elections: Powers of district justice bodies must be clarified – Watch

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Mozambique elections: Powers of district justice bodies must be clarified – Watch

11:50 CAT | 08 Nov 2023

Screen grab: Sala da Paz

The Mozambican Association of Judges (AMJ) is recommending the clarification of the powers of district courts in electoral matters, with a view to giving these bodies express powers to annul electoral results.

“What should happen is for the Assembly of the Republic to clarify the powers of the district courts, saying [in the law] that the district courts have the power to effectively judge and, from then on, if there are serious violations, the judge can annul the election,” president of the AMJ Esmeraldo Matavele said on the Televisão de Moçambique (TVM) public TV channel.

READ: Mozambique Elections. Constitutional Council quashes annulment of Chokwé elections

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The Mozambican Constitutional Council (CC) considered “invalid and of no effect” a decision by the Chókwe District Judicial Court to annul the results of the municipal elections in Chókwe, arguing that only the CC has the power to take this type of decision.

The president of the AMJ stated that the law must be clear in relation to the powers of the district courts, maintaining that these bodies should not be limited to making findings, but should also judge and decide.

“The courts, by their nature, are not bodies which make findings and stop there,” Matavele stressed.

Constitutional Council must recognize powers of the first instance

Matavele stressed that, in the event of an appeal, it would still be up to the CC to confirm or reject any decision of the district courts, but this ability to intervene cannot imply non-recognition of the powers of the first instance in the annulment of electoral claims.

READ: Mozambique Elections: No repeat election in Kampfumo, decides constitutional council – AIM

Mozambique Elections: MDM accuses Constitutional Council of ignoring evidence of theft of votes – Watch

Mozambique’s sixth round of municipal elections took place in 65 municipalities across the country on October 11, including in 12 new municipalities, which went to vote for the first time.

The results announced by the National Elections Commission (CNE) indicate victory for Frelimo in 64 of the country’s 65 municipalities, while the Democratic Movement of Mozambique (MDM), the third largest party, maintained Beira. Renamo, which of the previous 53 municipalities led eight, was left without any municipalities, despite claiming victory in the country’s largest cities.

The results announced by the CNE still have to be validated and proclaimed by the Constitutional Council.

Source: Deutsche Welle / TVM via Sala da Paz