The Mozambican Bar Association (OAM) believes that the current socio-political situation in the country is the responsibility of the National Electoral Commission (CNE) and the Technical Secretariat for Electoral Administration (STAE) for failing to act in accordance with the law when it comes to investigating electoral offenses.
"This lack of transparency on the part of the electoral management bodies and their support bodies, in this case the CNE and STAE, plus their representations in the cities, districts and provinces) has provoked waves of protest with demonstrations repressed in a profoundly violent manner by the police," reads a statement from the order to which we have had access.
According to the OAM, which observed the electoral process and found several irregularities, the CNE is not obliged to release the results of the general tabulation within 15 days, as it did, as long as there are electoral defects.
"The CNE's evasion, based on the fact that the legal deadline of 15 days expired on October 24, 2024, does not stand up, since the law allows for the extension of procedural deadlines, if it is necessary to carry out essential steps to remedy and/or resolve the substance of the matter (irregularities), as is the case," says the Order.
The lawyers believe that the CNE and STAE "do not enjoy credibility", all the more so because the CNE has shirked its responsibility to investigate electoral irregularities, relegating it to the Constitutional Council.
"The CNE was not, and is not, legally obliged to publish the results, even if they are not credible.... The CNE could, as it can, take the view that the results are not reliable and credible, in which case it should not declare the results..." they note.
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