CAD claims lack of a vote makes CNE decision to exclude it invalid

Maputo, 27 Jul (AIM) –The Democratic Alliance Coalition (CAD) has added another argument to its appeal against exclusion from Mozambique’s parliamentary and provincial elections scheduled for 9 October.

The National Elections Commission (CNE) on 17 July accepted the lists of candidates from all groups applying to stand in the elections, except the CAD.

The CAD has now appealed against its exclusion to the Constitutional Council, Mozambique’s highest body in matters of constitutional and electoral law.

On Friday it added a further argument to its appeal, when it became clear that the CNE had broken its own rules. All CNE decision are supposed to be taken by consensus and, in the absence of consensus, by majority vote.

When he announced the decision, on 18 July, CNE spokesperson Paulo Cuinica claimed it was unanimous

This was not true, and it seems that at least two CNE members opposed the exclusion of CAD. There was thus no unanimity and, since the term “consensus” normally implies unanimity, there was no consensus either.

CNE member Salomao Moyana, cited by the weekly paper “Canal de Mocambique”, said he had spoken against the decision, since he could see nothing irregular about the CAD’s lists of candidates. Moyana claimed there was no legal possibility of rejecting the lists because by that time the CNE “had already approved and published in the Boletim da Republica (the official gazette) our acceptance of the regularity of the CAD candidature”.

The Mozambique Democratic Movement (MDM), which appointed one member, Barnabe Nkomo, to the CNE, denied that he was complicit in the decision to exclude the CAD.

The MDM leader, Lutero Simango, told reporters on Friday that his party opposed the CNE decision, but could not vote against it, because no vote was taken. Thus at least two of the 17 CNE members were opposed to barring the CAD from the elections.

In its latest communication with the Constitutional Council, CAD said the CNE had ignored its own rules for taking decisions which are stipulated in the electoral law.

There should have been consensus or a vote, and the result should have been included in the CNE decision on the CAD lists. The fact that the CNE did not mention it “is a flagrant violation of a formality imposed by the law”, CAD declared, and this was enough reason for the coalition to ask the Constitutional Council to annul the CNE decision.

(AIM)

Pf/ (411)