Maputo — The "Mais Integridade' ("More Integrity') Election observation consortium, formed by seven prominent Mozambican civil society organisations, has warned that stripping the district law courts of the power to order recounts in contested elections is a setback for Mozambican democracy.
The Mozambican parliament, the Assembly of the Republic, amended the electoral legislation and initially there was agreement that the courts should retain their power to order recounts.
In a rare example of cross-party consensus, the parliamentary groups of the ruling Frelimo Party and of the opposition Renamo and Mozambique Democratic Movement (MDM), at the end of April voted in favour of allowing courts to order recounts in the event of serious irregularities at polling stations.
This was a slap in the face of the Constitutional Council, the country's highest body in matters of electoral law which had claimed a monopoly on ordering recounts. In last year's municipal elections, several district courts annulled elections in certain areas, or ordered recounts. In all cases, the Constitutional Council overruled the courts.
So in amending the law, the parliament unanimously decided to restore the power to order recounts to the district courts. But President Filipe Nyusi refused to promulgate the amended law. He exercised his power of veto and sent the bill back to the Assembly for "re-examination'.
In the face of the presidential veto, Frelimo and, more surprisingly, Renamo, both backed down. Only the smallest of the parliamentary groups, that of the MDM, stuck to the April consensus.
As finally passed, he amended law restricts the power to order recounts to the National Elections Commission (CNE) and the Constitutional Council. The district and city law courts become mere window dressing.
Speaking at a Maputo press conference on Monday, the chairperson of Mais Integridade, Edson Cortez, said this parliamentary decision threatens the transparency of Mozambican elections.
"We think this position does not make sense, particularly after the sad spectacles we saw in last year's municipal elections where the behavior of the CNE and of the Electoral Administration Technical Secretariat (STAE) was deplorable, and when the Constitutional Council was called upon to intervene it also took a doubtful position'.
He was referring to the widespread fraud in the municipal elections. The Constitutional Council corrected some of the frauds, but by no means all of them.
"With the reform passed in parliament last week, we, as a consortium, have serious doubts that the elections will be transparent', said Cortez.
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He the change in Renamo's position "a caricature'. Last year Renamo had denounced electoral fraud and attacked the Constitutional Council for interfering in court decisions.
"But now it approves a measure that shows an increasingly dangerous marriage between Frelimo and Renamo', Cortez accused.
He noted that the government has lost control over the district judges. The judges have been demanding higher wages, the financial independence of the judiciary and better security.
They threatened to go on strike as from last Friday, but, after last minute negotiations, postponed the strike. They warned that they will not necessarily obey the amended electoral legislation, since the Constitution of the Republic trumps the electoral law, and judges owe loyalty to the Constitution.
