OAM: "Constitutional Council ruling on local elections failed to answer pertinent questions"

OAM: “Acórdão do Conselho Constitucional sobre eleições autárquicas não respondeu a questões pertinentes”

The Mozambican Bar Association (OAM) considered on Saturday that the Constitutional Council's (CC) ruling on the proclamation of the October election results did not answer the relevant and legal questions about the electoral conflict, arguing that the district courts have the power to annul elections. 

Reacting to the proclamation of the municipal election results by the Constitutional Council a week ago, the OAM states that the ruling, in addition to having a major absentee, which is the reasoning, "did not answer the questions that were pertinent, such as the problem of electoral legislation, either in its didactic interpretation in the light of legal criteria, or the alleged conflict or overlap of competences between jurisdictional bodies, or even guiding society and institutions in the paths to be followed for the improvement of electoral processes".

In a statement released on Saturday, the Mozambican Bar Association believes that irregularities in the course of the vote and in the partial tabulation, district or city, can be assessed in litigation, as long as they have been the subject of a complaint or protest. For this reason, "predictable electoral laws are required that keep pace with the evolution of democratic processes, thought and the way of being in society".

According to the Order, electoral institutions, including judicial bodies, must preserve their independence as a factor in legitimizing their own existence and power.

"It's common knowledge that our Electoral Law is a bad copy of Portuguese electoral legislation, but, to be fair, it has been said that in matters of electoral appeals it has regulated differently from its beacon, which is the Portuguese Electoral Law. In this legal system, it has been established that the judicial courts, as courts of first instance, have the competence to deal with disputes over the presentation of candidacies, contrary to what is enshrined in our electoral legislation regarding local elections," reads the document.

The OAM also argues that the matter of electoral litigation was not exclusively reserved for the Constitutional Council, contrary to what it alluded to in its ruling, reiterating what it had already said in rulings prior to the validation and proclamation of the results of these elections.

The institution also reiterates that it hopes that in the future electoral review there will be no setbacks due to political pressure.

Share this article

Leave a Reply

Your email address will not be published.