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The proposal to amend the Electoral Law will be debated and approved this week. An important change is that the number of seats in the municipal assemblies is based on the number of registered voters, but the CNE is proposing the use of the data of 2018 rather than 2023.
The CNE is proposing to the Government a specific amendment to the Electoral Law, reducing the time preceding the period for presenting candidates from 120 to 60 days (article 18 of Law No. 7/2018, of 3 August, altered and republished by Law No. 14/2018, of 18 December) The CNE proposals are on https://www.cipeleicoes.org/documentos/
In the same proposal, the CNE suggests (1) a reduction in the time to publish the definitive maps of the polling stations (Article 54, paragraph 4), and (2) the time to deliver the electoral registers to the candidates (Article 54, paragraph 5) from the current 45 days to 30 days. Through this alteration, the CNE manages to gain a further 30 days. Taken with the earlier 60 days, this gives a total reduction of 90 days.
The CNE is also proposing to eliminate the deadlines for announcing the number of full and candidate assembly members to be elected in each municipality (Article 132). The current law says that 180 days before the date of the elections these numbers must be divulged. Eliminating this deadline gives the CNE the time and freedom to present the number of members in the period which it deems convenient.
The CNE proposes that “the presentation of candidatures should take into consideration as reference points the number of seats at the last elections, since the system has been strongly criticised by the proponents of the candidatures”. That is, in the current law, the number of members of a municipal assembly is based on the number of registered voters, but the CNE wants to use the registration numbers from the previous election (2018).
All these alterations allow the CNE to re-programme the start of voter registration to 20 April, and to accommodate all phases of the electoral procedures up to voting day itself, 11 October 2023, without breaking the law.
The National Elections Commission (CNE) noted that the period initially proposed coincides with the rainy season, which meant that difficulties could be forecast in placing the voter registration materials, assistance to the registration brigades, and the collection of data. Hence, these proposals for changing the law.
The proposal should be debated and approved by 19 December. If the amendment is not approved now, that could embarrass the organization of the elections which depend on the amendment for the next steps. By yesterday, 13 December, parliament had not yet put debate on this proposal on its agenda.
The closing session of the parliamentary year is scheduled for 21 December, preceded by the State of the Nation Address, given by the President of the Republic, Filipe Jacinto Nyusi, on 20 December.
Parliament is in a race against time.
The proposal for establishing 12 new municipalities has already been deposited in the Mozambican parliament, the Assembly of the Republic, and if it is put on the agenda, it could be approved by Friday. The same parliamentary session could approve the amendment to the Electoral Law.
Throughout last week, the proposal was analysed by the Fourth Commission of the Assembly of the Republic (Commission on Public Administration and Local Power). According to sources in that Commission, it is possible that it will be discussed and approved later this week. But it is certain that by next week the two laws will be approved.
In principle, there will be no opposition, either to the law establishing the 12 new municipalities or to the amendment to the Electoral Law. The only change, in the law on the new municipalities, will be the designation of Matola Rio which the original bill called a “Povoação” (village), but this year it was raised to the status of a “Vila” (town).
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