The Confederation of Economic Associations of Mozambique (CTA) spoke out on Friday (2) in Maputo against the ruling issued by the Municipal Court of Kampfumo, which suspends disciplinary sanctions imposed on the Mozambique Chamber of Commerce (CCM) and requires the replacement of the CTA electoral commission. The organisation claims that the decisions were taken without due respect for the principle of adversarial proceedings.
At a press conference, lawyers Jaime Sunda and Salvador Nkamate, acting on behalf of the CTA, stated that the court order is not sufficiently clear as to its scope and legal basis. ‘These are three court decisions handed down with an irregularity in their issuance, without the CTA being given the opportunity to defend itself before they were taken,’ said Jaime Sunda.
The first order, dated 23 April and registered under number 17/25, refers to the suspension of the effectiveness of a decision by the CTA’s Board of Directors, taken on 17 April 2017, which imposed sanctions on the CCM and its representative, Álvaro Massingue. The injunction was requested by the Chamber of Commerce itself.
Subsequently, on 29 April, the court notified the CTA of a new order, dated the previous day, amending the terms of the previous decision but maintaining the suspension of sanctions. On 30 April, a third order was issued, replacing the electoral commission responsible for the elections of the CTA’s governing bodies.
According to Jaime Sunda, this latest measure exceeds the limits of what was requested by the CCM in its initial application for an injunction. ‘It is important to make it clear that this measure contained in the latest order is not included in the requests made by the applicant,’ he said.
The lawyer considers that such successive changes without a clear basis compromise the predictability of judicial decisions. ‘These decisions call into question the principle of legal certainty and security, which are fundamental to the legal order and institutional stability,’ he argued.
The CTA believes that the orders also violate the principle of precision of legal rules, as they contain ambiguous language and effects that were not expressly requested by the applicant.
In view of this situation, the business organisation has already initiated the legal proceedings it considers necessary to restore legality and respect for its statutes and internal regulations.
A hearing is scheduled for next Monday, 5 May, at the Municipal Court of Kampfumo, at which the CTA is expected to formally comment on the content of the decisions.
Source: Agência de Informação de Moçambique
