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Delays in ordering registration materials will force a postponement of registration which violates the electoral law. So the CNE will go to the Council of Ministers this week to ask it to go to parliament to change the law.
Municipal elections will be on 11 October 2023 and the law requires that by 14 April 2023 the CNE announce the number of seats in each municipal assembly. Registration was to start on 20 February and end 5 April, leaving 10 days to meet the 14 April deadline.
The number of registered voters determines the number of assembly seats, and parties and citizens’ lists must stand a full list – candidates for all seats plus at least three alternates. Parties have just 60 days after 14 April to submit their lists of candidates. The long time is needed because each candidate must provide a certificate of no criminal record plus certified copies of an identity card and voters card, which in small municipalities are slow to obtain.
The current laws require the number of seats to be announced 180 days before the election and candidates to be submitted by 120 days before election.
Delays in ordering materials mean registration can only start 20 April (if materials arrive by more expensive air freight). If the registration was cut to one month, ending 20 May, that would leave 144 days, which is tight but still possible. Opposition parties will surely demand their full 60 days to submit lists, leaving the CNE and STAE 84 days for all other tasks.
In 2018 municipal elections the registration calendar was changed twice, with registration finally ending 17 May, similar to what seems likely for next year.
If materials are sent by sea freight, registration could only start 20 June and if it ended 20 July that would only leave 83 days for candidate submission and organising elections. That is an impossible task which would force the postponement of the election itself.
The CNE has declined to comment on registration delays or what it is asking the council of Ministers to agree. Unofficially, CNE insiders point out that the delay has been caused by government not releasing money. That, in turn, was caused by government hoping donors would fund the election as in the past, but donors have largely refused – in part reflecting the negative reports from their observers of the 2018-9 elections.
The number of members of the municipal assembly is determined by the number of registered voters. The table below sets the system:
The table below gives the numbers of municipal assembly seats for all municipal elections.
The number of elected municipalities was increased by 10 in 2008 and again in 2013. The increasing number of seats largely reflects the growing population. By number of seats, the eight largest cities in 2013 were Maputo (64), Matola (59), Nampula (51), Beira (48), Chimoio (42), Nacala (41), Tete (40) and Quelimane (40).
The large jump in number of seats in Chibuto and Chokwe, Gaza, from 17 in 2013 to 31 in 2018, was seen as suspect, as the province registered many more voters than the census showed there were voting age adults.
Elections are covered by 14 different laws, one dating back to 2009. They are all posted by the Constitutional Council on http://www.cconstitucional.org.mz/Legislacao/Lei-Eleitoral
The main rules for this election are in Lei n.º 14/2018 de 18 December which is a republication of Lei n.º 7/2018 with very few changes. The number of seats in each assembly must be published 180 days before the election (artigo 132) and candidates lists must be submitted 120 days before the election (art 18). Documents required is artigo 19 and the requirement for lists of the same number as seats plus at least 3 alternates is artigo 23.
The number of municipal assembly members is set out in Lei n.º 6-2018, de 03 de Agosto artigo 35.
The present 2018 constitution and three earlier versions are on: http://www.cconstitucional.org.mz/Legislacao/Constituicao-da-Republica
By CIP and Joseph Hanlon
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