Mozambique | TSU: What does the law say about reducing salaries?

Login

Register

http://www.clubofmozambique.com/

Mozambique | TSU: What does the law say about reducing salaries?

8:56 CAT | 19 Jan 2023

Image: DW

The MDM opposes any reduction of the salaries of senior figures in the Mozambican state apparatus within the scope of the Single Salary Table (TSU), considering it a violation of the constitution. Renamo is not so far commenting on this matter.

The decision to reduce the salary of senior state office-holders in Mozambique has not yet been definitively taken. But the idea has already been conceived and presented by the Council of Ministers.

Several political figures have already condemned the measure. Democratic Movement of Mozambique (MDM) deputy Fernando Bismarque argues that it is unconstitutional to reduce salaries under the Single Salary Table (TSU), which has already been discussed and approved by Parliament.

“The government has no reason. When it came to the Assembly of the Republic, it said that the Single Salary Table would reduce the weight of government expenses for the payment of salaries. The salary table is not some money that will be increased, The government said that it was going to cut the fat, was going to save,” Deputy Bismarque claims.

“It makes no sense for the government to backtrack today. Any reduction in the reference value 21A affects all classes and all levels,” he adds.

READ: Mozambique | TSU: Nyusi’s salary will fall by 20%, government says – Carta

Bism.dw_ — *Fernando Bismarque: “There is a sacrosanct principle in the constitution of non-retroactivity of the law”.[Photo: Marcelino Mueia/DW]*

Mozambican National Resistance (Renamo) spokesman, Deputy José Manteigas, told DW that the largest opposition party would not comment on the matter until deputies had been consulted.

Violation of the constitution

Fernando Bismarque explains that, if the government presses on with the Council of Ministers proposal, it would be violating the Constitution.

“There is a sacrosanct constitutional principle of non-retroactivity of the law. It only retroacts to benefit the citizen and not to harm,” the MDM deputy says.

“If the reduction of salaries is harmful to civil servants, I think that any change that is made to the law will be in violation of the Constitution. Hence, I don’t think that this is the path to follow.”

“Something is not right in the government,” Bismarque concludes.

Other instruments

In the analysis of law expert Simões Dauce, the government can reduce salaries through a legislative authorization, under the terms of article 178, number 3.

“It is up to the Assembly of the Republic to pass laws, but by legislative authorization it can authorize the government to legislate by decree. At this point, if there is a need to reduce salaries, they can be reduced based on legal instruments,” he explains.

“But, as a general rule, salaries are not reduced. Employees want their salaries to be increased, not reduced,” he concludes.

Source: Deutsche Welle