Mozambique: Marcelino dos Santos lies in state - AIM report
FILE: The newly sworn in Secretaries of State, in Maputo on Janaury 24 2020. [File photo: O País]
Supervision of the Secretaries of State over the elected Governors could cover administrative acts and the contracts signed by provincial and local authorities’ bodies and services, O País reports.
After all, Governors-elect may report on their decisions to the Secretaries of State. Law 5/2019 of May 31 clarifies who supervises Governors-elect and provincial and local authorities, at a time when cohabitation between these three powers is being debated.
Article 5 talks about the administrative tutelage that is exercised by the Council of Ministers, but can be delegated to the Minister who oversees the area of local administration and to the Secretary of State in the province. That is, under the terms of this article, the Secretary of State is among the bodies which, by delegation, can verify the legality of decisions taken by the Governors-elect and the procincial and local authorities.
Decree 96/2019 of 31 December, in Article 9, states that: “the exercise of administrative protection by the Secretary of State in the province consists of verifying the legality of the administrative acts performed and the contracts signed by the bodies and services of the local authorities, in city D-level municipalities and in municipalities and towns (…)”, and, for this purpose,“ the supervisory body uses supervisory mechanisms, namely, inspection, audit, investigation and inquiry”.
In addition, supervision over elected provincial governments will also fall on the merits of their decisions; that is, the Secretaries of State can question what the Governors decide. Paragraphs 5 to 8 of article 9 state: “administrative supervision may also affect the merits of decisions issued by the provincial decentralised governance bodies and local authorities, namely information and clarification”, and the investigation takes place “regardless of whether the decision is or is not legal, if it is a convenient decision, opportune from a technical-administrative or financial point of view”.
The same decree provides that the provincial decentralised governance bodies are financially supervised by the Council of Ministers and the Ministry of Finance. According to article 10 of Decree 96/2019 “the exercise of financial protection by the State consists in the inspection of the legality of the financial and patrimonial management acts practiced by the provincial decentralised governance bodies and the local authorities”.
Protocolar residence and office are for the Governor
Resolution 68/2019 of December 31 stipulates that the Governors-elect should be given the protocol residency and office. Chapter IV of the legal instrument in question states that “after the presentation ceremony of the Governor of the province is over, the delivery of the official residence follows”.
Chapter V on the delivery of the [Governor’s] office on the other hand, says, and we quote: “after the outgoing Governor arrives at the premises, follows, in the presence of the Head of State’s representative, representative of the Ministry of State Administration and Civil Service, outgoing provincial Permanent Secretary and provincial Director of the Economy and Finance department, the delivery of the [Office] premises”.
By António TiuaSource: O País
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