Mozambique Elections: A “bait” to arrest Venâncio Mondlane? – DW

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Mozambique Elections: A “bait” to arrest Venâncio Mondlane? – DW

6:16 CAT | 13 Dec 2024

The President of the Supreme Court of Mozambique has said that there is no arrest warrant against Venâncio Mondlane, and the presidential candidate can return to the country without any problem. But a lawyer interviewed by DW has doubts.

The President of the Supreme Court of Mozambique said yesterday that there is no arrest warrant against presidential candidate Venâncio Mondlane. Adelino Muchanga told reporters that when Venâncio Mondlane returns to Mozambique from abroad, he will be a “free citizen”.

Several lawsuits are pending against Mondlane, one of which demands compensation of €1.5 million for losses caused by protests contesting the election results.

But in an interview with DW, Mozambican lawyer Vitor da Fonseca raises suspicions about the statements made by the president of the Supreme Court.

The jurist suggests that such statements may be bait to attract Mondlane back to Mozambique. According to da Fonseca, the presence of the presidential candidate in the country is not necessary to unblock his accounts.

READ: Mozambique Elections: There is no arrest warrant for Venâncio Mondlane – Chief Justice

Dafonseca.dw_ — *Vitor da Fonseca: “What the president of the Supreme Court said is merely political”*

DW Africa: How do you view today’s [Thursday’s] statements by the president of the Supreme Court of Mozambique?

Victor da Fonseca (VF): I believe it is a political issue accompanied by legal issues, because in procedural [law] matters, even if a search and arrest warrant has already been issued, this is never announced. It is a matter that falls under judicial secrecy [ in criminal proceedings].

What the president of the Supreme Court said is merely political, because [Mondlane’s] bank accounts have already been frozen. This means that an arrest warrant has been issued for Venâncio Mondlane.

I therefore believe that this is a purely political situation, not a legal one, and that this [Mondlane’s arrest] could happen at any time.

DW Africa: Could this be a kind of “bait” for the seizure of presidential candidate Venâncio Mondlane?

VF: Of course, because a search and arrest warrant […] is a matter of judicial secrecy, to catch the person off guard. What is written in the law is not what the president of the Supreme Court said. Obviously that [Mondlane’s arrest] could happen.

And the one who files the lawsuit is not the Supreme Court, but the Attorney General’s Office. The Constitution of the Republic of Mozambique states that the head of criminal investigation is the Public Prosecutor’s Office. So where does the Supreme Court and the statement that the president himself made come into play at this point? The statement is unfounded, given that the case is under judicial secrecy.

DW Africa: What could happen to Venâncio Mondlane once he returns to Mozambique to contest the freezing of his bank accounts?

VF: Speaking in this way, that he is a “free citizen”, we have already heard several violations regarding this perspective, but we must bear in mind that this could certainly be a bait to be able to find this citizen. In the case of Venâncio Mondlane, certain questions may not be asked without him being in police custody, because we have heard many people mentioning him as the person who incites the demonstrations and violence.

In his statements, the president of the Supreme Court does not provide any information that could guarantee Venâncio Mondlane’s safety. This is an issue that anyone can be suspicious of, given that the president of the Supreme Court was at the Council of State meeting and we do not know what was deliberated there. But we know how politics is handled in certain African countries.

Even if he is away, Venâncio Mondlane can ask an agent to represent him and ask for [justifications for] the blocking of the bank accounts. It is not necessary for him to be present, he can mandate someone to represent him in any situation.

Source: Deutsche Welle