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General Elections: Bar Association Criticises CNE for Ignoring Illegalities in the Process

General Elections: Bar Association Criticises CNE for Ignoring Illegalities in the Process

The Mozambican Bar Association (OAM) has expressed its concern at the decision by the National Electoral Commission (CNE) not to investigate alleged irregularities in the electoral process, citing the lack of time to carry out the necessary steps.

In a document quoted by the newspaper O País, the OAM classified the CNE’s position as ‘serious’, pointing out that the legislation allows for the extension of deadlines for the release of results whenever necessary to ensure the integrity of the process.

For OAM, compliance with the legal deadline of 15 days should not jeopardise the full and fair tabulation of results. ‘The CNE is not legally obliged to release the results if there are any doubts about their credibility. Electoral truth must be prioritised, as an expression of the will of the voters,’ reads the Order’s statement.

The organisation also considered that the CNE had adopted a ‘runaway’ stance by releasing the results without delving into the allegations of irregularities that emerged during the electoral process. According to the OAM, the justification of meeting deadlines does not apply, as the legislation provides for the possibility of extending deadlines if it is necessary to properly investigate any problems.

Faced with this situation, the organisation that represents lawyers in Mozambique argues that the Constitutional Council should return the minutes of the national centralisation and general tabulation of results to the CNE, with instructions to carry out a rigorous investigation into the inconsistencies detected, namely the discrepancy in numbers.

The OAM document suggests that after the CNE’s investigation, the Constitutional Council should carry out a public review of the process, with the participation of the presidential candidates’ representatives, party representatives, the media and national and international observers.

The Order also adds that all notices of polling stations at national level should be made public, in order to ensure transparency.

If this is not possible, the OAM suggests as an alternative a nationwide recount of the votes, with the respective notices posted. Ultimately, it warns that both the CNE and the Constitutional Council could be held responsible for any social repercussions, emphasising that, at this stage of the process, the Constitutional Council’s responsibility is particularly significant.

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