Samito calls party-based CNE unconstitutional – By Joseph Hanlon

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Samito calls party-based CNE unconstitutional – By Joseph Hanlon

5:40 CAT | 04 Sep 2018

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The CNE acted unconstitutionally by voting in a party-based way, argues AJUDEM in its appeal to the Constitutional Council. AJUDEM is the citizen’s list in Maputo headed by Samora Machel Jr (“Samito”), which has not been allowed to stand in the 10 October municipal elections. Every list must have as many members as there are seats on the assembly plus at least three alternates. The AJUDEM had 6 alternates, but 4 candidates withdrew – allegedly under pressure from Frelimo – and the list was one alternate short so the CNE rejected the list. AJUDEM has now challenged this in the CC.

The constitution requires the CNE to be “independent and impartial’ but legislation means that a significant number of members are named by parties. This has never been challenged before. But in the vote in the CNE, Frelimo-nominated members voted to exclude AJUDEM and Renamo nominated members voted to keep the list. Since this decision was clearly party based, it shows a “lack of impartiality” and the CC should reject it, argues AJUDEM in its petition to the CC.

AJUDEM makes three other arguments. One is that the law makes clear that the list must have enough members at the deadline for submission, which it did, even if people withdrew later. The second is that if people leave the list after that deadline, the party must be given an opportunity to substitute them. Third, it argues that the CNE failed to notify the party agent (mandatario) of withdrawals and failed to give him the opportunity to replace them.

The partyization of the CNE is the result of various peace deals between the government and Renamo, but this is apparently the first time anyone has challenged their constitutionality.

By Joseph Hanlon

Source: Mozambique Political Process Bulletin