NGO proposes parliament discuss court competencies in electoral disputes

ONG propõe ao parlamento discussão sobre competências dos tribunais em conflitos eleitorais

The Center for Public Integrity (CIP) has proposed to the Assembly of the Republic (AR) that it clarify the competencies of district and city courts and the Constitutional Council in the management of electoral disputes.

In addition, the non-governmental organization (NGO) suggests that the RA discuss, in the parliamentary debate of the 9th ordinary session, the need to have less political influence on court decisions in matters related to electoral litigation; to broaden the debate on the draft electoral law to include more social segments; that the Constitutional Council should not presume competence; and the danger of revising the electoral law in election years.

In fact, the CIP submitted to the AR this week a Report with the proposals resulting from a debate that brought together representatives of the Supreme Court, the Technical Office and members of Parliament, political parties, academics, civil society organizations and the media.

The CIP's reasoning is that "in the electoral package currently in force in Mozambique, namely the laws on the election of the President of the Republic and members of the Assembly of the Republic, the provincial governor and members of the provincial assembly, the president of the municipal council and members of the municipal assembly, there is nothing expressly about the exclusive competence of either the Constitutional Council or the National Electoral Commission to annul the vote and recount the votes".

The NGO believes it is opportune to discuss these aspects, otherwise the next elections, scheduled for October 9, will see "the same constraints that occurred during the local elections in October 2023, which negatively affected the process".

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