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Electoral Body Says Court Has no Power to Order Vote Recounts

Electoral Body Says Court Has no Power to Order Vote Recounts

The Electoral Commission of the City of Matola, southern Mozambique, argues that the District Judicial Court does not have the power to order a recount of votes from the local elections, and has appealed against this court decision.

The Matola District Court ordered a recount of votes at all polling stations in the city’s municipal elections on the 11th, considering the irregularities in the minutes and notices of the tabulation to be proven, according to a judgement consulted by Lusa.

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In an appeal on the 19th, which it submitted to the Constitutional Council (CC), consulted today by Lusa, that electoral body considers that the aforementioned judicial body does not have the power to order the vote count to be repeated and maintains that this power belongs to the National Electoral Commission (CNE) or the CC.

“There is a clear and unequivocal usurpation of competences, since the decision handed down by the court, to recount votes, is the exclusive competence of the National Elections Commission or the Constitutional Council, as established in number 1 of article 145 of Law 14/2018, of 18 December,” the appeal states.

The electoral body believes that the judicial decision is not “suitable”, because “the judgement does not bear the signature of the judge or the stamp in use at the Matola District Judicial Court, thus attributing the nullity of the judgement”.

At least five district courts have already recognised irregularities in the municipal elections held on the 11th in Mozambique and have ordered the repetition of various electoral acts, while demonstrations contesting the announced results are taking place on the streets every day.

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The sixth local elections in Mozambique took place in 65 municipalities across the country, including 12 new municipalities, which went to the polls for the first time.

The Front for the Liberation of Mozambique (Frelimo, the ruling party) was declared the winner in the mid-term count – strongly contested by civil society, observers and the opposition – in 64 municipalities.

Lusa

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