Mozambique launches 8-year plan to combat crimes
Image: Nova Democracia Facebook
A division between criminal and electoral law adds further complications. Ballot box stuffing, impeding party agents in any way, and failure of staff to carry out any obligations (including refusing to issue observer credentials) are criminal offences. Thus they must be dealt with the office of the Public Prosecutor (Ministerio Publico) as common crimes, and cannot be dealt with as electoral offences by the district tribunals and Constitutional Council (CC).
Thus Nova Democracia’s complaint about failure to issue party delegate credentials in Gaza, the failure to allow those with credential to observe, and the jailing of 19 of its members was not considered by the CC because these are crimes, not electoral offences.
The magistrate said they jailed the ND observers because the district elections commission said their credentials were false. The magistrate continued that it was from the delegates to prove that the credentials were real. (Acordao 18 of 11 November).
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