Mozambique: Pemba administrator appointed illegally, says CIP

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Mozambique: Pemba administrator appointed illegally, says CIP

7:32 CAT | 02 Mar 2018

File photo: Minister of State Administration, Carmelita Namashulua

Mozambique’s leading anti-corruption NGO, the Centre for Public Integrity (CIP) has called for the removal of the administrator of Pemba district, in the northern province of Cabo Delgado.

In the latest issue of its newsletter, CIP argues that the appointment of Carlos Mussanhane as Pemba administrator in November 2017 was illegal, because Mussanhane had been expelled from the state apparatus.

Mussanhane appealed against his expulsion, but in 2014 the Administrative Tribunal upheld the decision to remove him from the public administration. Mussanhane tried a second appeal, this time to the plenary of the judges of the Administrative Tribunal and once again he lost.

Nonetheless, in November 2017 the Minister of State Administration, Carmelita Namashulua, appointed Mussanhane administrator of Pemba, replacing Issa Tarmamade, who was transferred to Ibo district.

However, to exercise as duties as a district administrator legally, Mussanhane needed the approval of the Administrative Tribunal. But, according to CIP, the Tribunal has refused to rubber stamp his appointment, and turned down the request on 16 January.

CIP argues that the Ministry of State Administration should immediately annul the dispatch appointing Mussanhane administrator.

By remaining in office after the Administrative Tribunal has refused to approve him means that he is defying a court order. Under the Mozambican constitution, CIP points out, court decisions must be implemented by all citizens, and take precedence over the decisions of other persons – including ministers.

CIP calls on the Public Prosecutor’s Office to enforce the law and remove Mussanhane from office.

Source: AIM