Local elections: Constitutional Council rejects KaMavota CDE's appeal as it is not an aggrieved "person"

Eleições autárquicas: Concelho Constitucional rejeita recurso da CDE de KaMavota por não ser “pessoa” lesada

The Constitutional Council (CC) has decided not to uphold the appeal lodged by the District Electoral Commission (CDE) of the KaMavota municipal district, according to which the intermediate tabulation of results in that district should not be repeated.

According to the CC, only those who will suffer damage as a result of the judgment being upheld or enforced have standing to appeal, damage that the CDE is unable to demonstrate in its legal sphere, as a defender of the public interest in justice, transparency, impartiality and elected legality.

Thus, the intention of the KaMavota District Electoral Commission, in Maputo City, to annul the decision of the Judicial Court of the same district has been overturned.

In a ruling by the Constitutional Council, the judges set out the reasons why the court's request was unsuccessful.

"However, this is a subjective electoral dispute. For this reason, an appeal lodged by the chairman of the KaMavota District Electoral Commission will not be admitted because it was lodged by someone who is not directly and effectively affected by the decision and not by the holder of the subjective rights," says the CC ruling.

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