Mozambique Elections: Vilankulo Court refuses to hear Renamo’s complaint due to lack of prior objection

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Mozambique Elections: Vilankulo Court refuses to hear Renamo’s complaint due to lack of prior objection

5:09 CAT | 16 Oct 2023

FILE - For illustration purposes only. [File photo: Renamo Vilankulo]

In complaint number 01/2023, presented to the Vilankulo Judicial Court, the Renamo party complains about the president of the District Elections Commission and the director of STAE in that district who, during the vote counting process, refused to present the minutes and the edital [result sheet] with reference 040639-03, in their possession, as well as comparing the results and clarifying the data contained in the editais.

Number 01, of article 140, of Law number 14/2018 of 18 December, which establishes the legal framework for the election of members of the Municipal Assembly and the president of the Municipal Council, states that: “Irregularities during voting and in the partial district or city count may be assessed in a contentious appeal, as long as they have been the subject of a complaint or protest”.

In the order from the Vilankulo Judicial Court seen by “O País” , the judge says that the request presented by the applicants, in this case, Renamo, entitled ‘Reclamação’, does not appear to be adequate. According to the court, the discovery of those irregularities should have been the subject of a complaint or protest to be presented in writing to the District Elections Commission itself, the body that announced the partial district results, and if the response was not satisfactory, they could, if they wanted, resort to litigation before the Vilankulo District Court, in compliance with the principle of prior challenge.

Consulting the case file, the judge states that there are no documents proving the presentation of a complaint or protest at the level of the Vilankulo District Elections Commission, which is a condicio sine qua non for the admission of an appeal for judicial review.

Given the situation, in accordance with the aforementioned legal regulations, the Judicial Court of the District of Vilankulo, on behalf of the Republic of Mozambique, decides to refrain from hearing the complaint presented, due to the lack of prior objection requirements, under the terms the combination of articles 110, nº 05 and nº 01, and article 140, both of Law nº 14/2018 of 18 December.

In a telephone contact with O País, Renamo’s political delegate said that the party submitted, on Friday, a prior challenge to the District Elections Commission, the same day that it submitted the complaint to the Vilankulo court.

Renamo is still awaiting the response from the Vilankulo District Elections Commission to decide what steps it should take next, Carlos Maela told ‘O País’.

Source: O País