Mozambique Elections: Parliament rectifies “material error” in electoral law

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Mozambique Elections: Parliament rectifies “material error” in electoral law

12:57 CAT | 17 Sep 2024

File photo: Lusa

The Assembly of the Republic of Mozambique has acknowledged and rectified a “material error” in the publication of the revised electoral law, which now provides for the distribution of copies of the original minutes and notices to the candidates’ representatives, observers and journalists.

The decision to rectify two articles is contained in a notice issued by the Assembly of the Republic dated September 13, consulted this Tuesday by Lusa, regarding the error found in the publication of Law No. 15/2024, of 23 August, which establishes the Legal Framework for the Election of the President of the Republic and the Deputies of the Assembly of the Republic.

In the amended version, approved this month, article 99, on the “copy of the original minutes and notice”, now establishes that the president of the polling station “must distribute copies of the original minutes and notice of the vote count, duly signed and stamped, to the candidates of the political parties and party coalitions, members of the polling stations, observers and journalists”.

Meanwhile, article 192, on “electoral disputes”, now defines that “irregularities during the voting and in the partial, district or city, provincial, general and national vote count may be assessed in a judicial appeal”.

Specific revisions to the electoral law in Mozambique, including the elimination of the powers of district courts to order a recount of votes in elections, came into force in August, as previously reported by Lusa.

The laws at issue are 14/2024 and 15/2024 of the Assembly of the Republic, published in the Official Gazette on 23 August, which establish, respectively, the Legal Framework for the Election of Members of the Provincial Assembly and the Provincial Governor and the Legal Framework for the Election of the President of the Republic and Deputies of the Assembly of the Republic.

Both laws were enacted by the Mozambican President, Filipe Nyusi, on 21 August, after having “verified that they do not contravene the fundamental law”, the Presidency of the Republic stated at the time. The diplomas came into force precisely on the eve of the start of the electoral campaign (24 August) for the general elections of 9 October.

READ: Mozambique Elections: Nyusi promulgates amended election laws

The Assembly of the Republic of Mozambique approved these specific changes to the electoral legislation on 8 August, removing the power of the district courts to order a recount of votes, following the previous veto by the President of the Republic.

The changes to the electoral rules were approved in detail and definitively, with 197 votes in favor from the Mozambique Liberation Front (Frelimo, the ruling party with a parliamentary majority) and the Mozambican National Resistance (Renamo, the main opposition party), and four against from the Democratic Movement of Mozambique (MDM, the third largest political force in the country).

By making the changes viable, parliament removed the power of district courts to order recounts in elections in the country, eliminating a point that led to the veto of the President of the Republic and the return of the rules to parliament.

Previously, the Mozambican parliament had already changed the electoral law, expressly determining that district courts do not have the power to order a repeat vote in the elections in Mozambique, after the Constitutional Council invalidated decisions of that court that ordered a new vote in the local elections of 11 October.

Mozambique will hold presidential elections on 9 October, which will take place simultaneously with the legislative elections and elections for governors and provincial assemblies.

Source: Lusa