Mozambique must combat the "revolving doors" between the judiciary and the executive

Moçambique deve combater as “portas giratórias” entre o judiciário e o executivo

The Center for Public Integrity (CIP) advocates regulating the "co-opting" of judicial figures into executive positions to avoid conflicts of interest and undermining the autonomy of the judiciary.

The phenomenon is not new and has covered the financial sector, especially commercial banking, with the appointment of political figures to top positions.

"The revolving door phenomenon has now reached the judiciary. Judges and prosecutors have been appointed to positions in the executive, as advisors, or as advisors to presidents of the Republic, as happened during Filipe Nyusi's government and now with Daniel Chapo." writes the IPC.

Benvinda Levi is a career law judge. She was Minister of Justice under Armando Guebuza (...). She was then co-opted by Filipe Nyusi's government, where she worked as a legal advisor. Currently, in the Chapo government, she is the Prime Minister.

Another recent case of a judge who joined the government is that of Helena Kida, who is also a career judge.

However, the appointments of the former Attorney General of the Republic, Beatriz Buchili, to the post of advisor for legal and constitutional affairs to President de Chapo, and of the judge-advisor of the Constitutional Council, Mateus Saize, to the post of Minister of Justice, Constitutional and Religious Affairs, in the current government, are more 'indicative' of the conflict of interest.

"...both Beatriz Buchili and Mateus Saize were involved in the electoral process that led to Daniel Chapo becoming President of the Republic... had a decisive influence on the electoral process.... It is therefore strange that these two figures were appointed to the positions they currently hold," reads a recently published article.

In the document, the CIP argues that such transfers of office or functions should be legislated for, taking into account the law on Public Probity. It is essential that either the return to the judiciary is prevented by law, or that a "quarantine" period is observed before taking up a new judicial post.

"Since there is no legislation regulating this matter, these situations should be classified as a violation of ethical principles in the exercise of public functions," he suggests.

"The phenomenon of revolving doors between the judiciary and politics deserves more attention in countries like Mozambique, where there are well-founded suspicions that the judiciary acts as an appendage of political power. Magistrates must decide whether they want to be politicians or pursue a career in the judiciary," he says.

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