Yet again, the CNE shows it does not understand its own electoral laws. Yesterday (11 June), National Elections Commission (CNE) spokesperson Paulo Cuinica told a press conference that political parties are already campaigning and publishing their electoral manifestos, which he said they cannot do.
But he is completely wrong. The official electoral campaign from 28 August through 6 October gives a range of extra rights (Law 2/2019 Título III and Constitution Article 49). These include more freedom for marches and meetings, use of sound systems without permission, putting up posters without permission, use of halls and public buildings, and equal treatment for all parties and candidates. Parties are given TV and radio time and state-owned media must report on the election campaign without bias.
There are restrictions on the extra powers. In particular political posters cannot be put on military, and other government buildings, nor on schools and health facilities. Marches can happen at any time; authorities must be informed in advance but only a day in advance.
The Constitution (articles 48-55) guarantees the rights to “freedom of expression, freedom of the press and the right to information”, as well as the right to “form and participate in political parties”.
The concept of an official electoral campaign can only give extra rights. It cannot take away rights. Indeed, political parties should be campaigning at all times, publicising their ideas and recruiting members under article 53 of the constitution. Indeed one of the weaknesses of Mozambican opposition and small parties is their failure to campaign and organise between elections.
The failure of the CNE to understand the constitution and the electoral law is shocking. At the same press conference yesterday, the CNE spokesperson said the CNE approved 878,868 voters who cannot exist and who must have been fraudulently registered, and then tried to restrict the constitutional rights of citizens to campaign for parties and have information about the parties.
But there is a bigger question. Renamo and MDM have members on the CNE, district elections commissions, and STAE. Why are they not calling out these improper CNE, CDE and STAE actions? (https://bit.ly/Moz-El-272)
