Maputo, 31 Aug (AIM) – Mozambique’s Constitutional Council, the country’s highest body in matters of constitutional and electoral law, on Wednesday overturned the decision of the National Elections Commission (CNE) to bar a newly formed political party, Democratic Revolution (RD), from taking part in the municipal elections scheduled for 11 October.
The CNE said it refused to accept the RD nomination papers because they were delivered past the deadline of 15.00 on 11 August.
But the Constitutional Council found that the RD’s application was dealt with, not by the full CNE, meeting in plenary session, but by a CNE working group.
This, the Council said, breaks the law. While working groups can be set up, they channel key issues to the full CNE. Only the CNE plenary has the power to decide whether a particular party is eligible to take part in the elections or not.
Furthermore, the CNE should not have applied the deadline of 11 October to the RD. This was because, in an earlier dispute, the Council had ordered the RD to change its symbol, and gave it ten days to do so. Taking this into account, the deadline for the RD to deliver its nomination papers should have been 14 August,
The RD is a breakaway from the main opposition party, Renamo. Originally it included in its symbol portraits of Renamo’s first commander, Ande Matsangaissa, and of his successor, Afonso Dhlakama.
Renamo protested at this, and the Council ordered the RD to change its symbol, removing the portraits of Renamo leaders, which might confuse the voters. Reluctantly, the RD complied with the Council’s instruction, and produced a new symbol.
The Constitutional Council ruled that the decision barring RD from the elections is null and void, and gave the CNE 48 hours to accept the RD nomination papers.
A consequence of this is that lots must be drawn again for positions on the municipal elections ballot paper. Lots were drawn on Tuesday, but the ceremony must now be repeated to include the RD.
(AIM)
Pf/ (344)
