Today in Maputo, the National Electoral Commission (CNE) listed the "sins" committed by the Democratic Alliance Coalition (CAD) that justified the invalidation of its candidacy for the general elections on October 9.

The CNE spokesman said that it is legally permissible, for electoral purposes, for two or more parties to present a single list of candidates for members of the Provincial Assembly and for deputies to the Assembly of the Republic, provided that such a coalition, after being authorized by the competent bodies of the respective political parties, is publicly announced in the media, with publication in the Boletim da República. until the start of the application period.

It's official: CNE rejects CAD's candidacy

Political parties that enter into an electoral coalition agreement must present this fact by submitting sufficient proof to the CNE. until the actual submission of applications in a document signed respectively by the competent bodies of the political parties, and this communication must contain the acts and purposes of the coalition; the name, denomination and acronym of the coalition; the designation of the members of the coalition's governing bodies; and the document proving the approval of the coalition's agreement.

• Parties (PADRE - Party of the Democratic Alliance and Social Revolution; PALMO - Liberal Party of Mozambique; PANADE - National Democratic Party; PARTONAMO - Partindo de Todos os Nacionalista de Moçambique; PDNM - National Democratic Party of Mozambique; and PRD - Democratic Renewal Party) communicated the CAD agreement of April 27, 2024, their membership of the CAD and the respective registration. The request for the agreement was only sent to the CNE on June 18, 2024.
• The DAC submitted only the document approving the coalition agreement. Other elements were missing, such as the definition of the scope of the coalition;
• The DAC did not attach the due processes carried out in the registers of each political party that is part of the coalition.
• The CAD communicated its agreement to the Ministry of Constitutional and Religious Affairs (MJACR) on June 18, 2024. It violated the deadline laid down in the Political Parties Act. The political parties in the coalition have 15 days from the date of signing the agreement to submit it to the MJACR for registration.
• The CAD is a legal entity, independent from other political organizations, and therefore distinct from the parties that make it up.
• CAD presented incomplete documentation when notified to rectify the irregularities.
• After checking the CAD registration certificate of June 28, 2018, and the CAD agreement of April 27, 2024, the CDU and PEMU parties were excluded. There was no proof of the change or alteration, in violation of paragraph b) of number 01 of article 16 of Law number 7/91 of January 23, which states: "notify the state body responsible for registering parties of changes to the statutes and programs, as well as the occurrence of dissolution, merger, split and coalition".
• By communicating the MJACR extemporaneously, the CAD violated the provisions of article 08, number 03 of Law number 7/91 of January 23.
• By not communicating in a legally useful time (15 days), the DAC violated the duty of the political parties that make up the DAC, under the terms of article 26, number 01, paragraph b) of Law number 7/91 of January 23.
• By establishing itself as a separate entity from the political parties that are part of the coalition, the CAD violates the provisions of Article 26(03) of Law 07/91 of January 23, which states: "coalitions of political parties for electoral purposes do not have a separate legal personality from the parties that are part of it".
• The communication of the DAC agreement, submitted to the CNE, does not comply with the formal requirements established in paragraphs a) and d) of number 04 of article 158 of Law number 03/2019 of May 31.
• The lack of conformity between the CAD registration certificate and the new agreement violates Article 16(01)(b) of Law 07/91 of January 23rd.

"Acts that lack any of the essential elements or for which the law expressly requires or that absolutely lack a legal form are null and void," said Paulo Cuinica, referring to article 129 (01) (b) (02) of Law 14/2011 of August 10.