Home politics The teaching of an Electoral Judgment

The teaching of an Electoral Judgment

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Translated by Francisco Chuquela

The Judgment of the Constitutional Council, which validates and proclaims the results of the municipal elections of October 10, with the exception of Marromeu village and some of the public notices in Tete, reveals how much the various voters must observe and learn.

Based on the Judgment no. 27/CC/2018 of 13th November, publicly shared on Wednesday by the President of the Constitutional Council, Hermenegildo Gamito, validated and proclaimed the elections in 52 municipalities, with the victory of Frelimo in 43 municipalities, Renamo in eight and MDM in one autarchy.

The approximately 16 appeals related to the electoral process, submitted by different parties, were initially “reproved” by the judges of the Constitutional Council, allegedly for violating the law. However, apparently injured parties and groups claim political interests attached to the ruling party, Frelimo.

However, in a Judiciary, the Judges of the Constitutional Court explain that almost all the appeals of electoral litigation brought before the district or city courts were dismissed for lack of compliance with the principle of prior impugnment and for lack of time. And, they further affirm that “it is the duty of the courts as well as of the Constitutional Council to be bowed down before the empire of the law”.

Even so, the unbelievers questioned and keep questioning: So, why was the case of Marromeu village taken care of?
The Judgment explains that in Marromeu municipality was found that during the partial tabulation there were “serious situations of irregularities that undermined the freedom, fairness and transparency” of the case in at least eight of the 39 polling stations.

Hermenegildo Gamito, the president of the highest constitutional and electoral body in the country, said in the context of the ruling that, despite the dismissal of the appeal by the Renamo party… for non-compliance with the procedural pre-challenge requirement, “Doesn’t validate the election held in the municipality of Marromeu village.”

It was also explained that the CC decision was endorsed by the Marromeu District Judicial Court and by the Police of the Republic of Mozambique (PRM), which confirmed that the anomalies detected on the day of the vote were serious such that “there was no climate of complaint, due to the riots that occurred “in the eight tables in case.

Concerning the 52 municipalities where the electoral results were validated and proclaimed, the CC stated that it had obtained the pronouncement from the Public Prosecutor’s Office, which concluded that “(…) the electoral process doesn’t suffer from any formal or substantive defect and the illegalities and irregularities verified and analysed by us, didn’t influence the results obtained (…).”

The Judgment in its didactic dimension, recognizing the existence of some problems that impose the urgent need to move towards a better systematization and uniformity of electoral legislation as a whole, suggests the creation of an electoral code.

The body also repudiates and discourages, on the other hand, the acts of intimidation registered during the electoral process against journalists and criticizes the delay of the electoral bodies of the dissemination of the electoral results in the municipalities where the opposition had an advantage in the recount of votes.

We are of the opinion that this body behaved impartially and in light of the law, therefore, ignorance of the law and procedural rules on the part of the candidacies can’t expect administrative or political arrangements and the culture of ignorance of the laws must be discouraged not to comply.

This Judgment and some antecedents are classes that well learned can avoid situations of inopportune resources and above all on the operability of the previous impugnation that is the great Achilles heel of the parties and civic groups in the electoral processes.

Observing well the mistakes made and apprehending the wisdom of the Constitutional Council, parties interested in running for general elections scheduled for next year may be better prepared and avoid emotional contests outside the law.

Congratulations to the Mozambican people who are demonstrating their citizenship rates, with increasingly expressive participation in the electoral process, with the last municipal elections being the most popular, with a 60 percent threshold.

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