CNE orders secret district count, and says elections commissions are only post boxes

The revised election laws of 23 August order increased transparency of the district elections tabulation. But a ruling by National Elections Commission (CNE) on 20 September reversed this, making the district count secret. The CNE does this by misinterpreting words in the electoral laws. (Deliberação 94/CNE/2024 de 20 de Setembro.)

The CNE defines a new category called “physical operations” (operações materiais), which is the entire process of physically checking and adding up the polling station results sheets (editais) to obtain the district total, and even writing the final district results sheet (edital). This is carried out by STAE (Secretariado Técnico da Administração Eleitoral, Technical Secretariat for Electoral Administration). This is the actual work of doing the district count, and will be done in secret.

Only then is the local elections commission summoned for the formal District or City Tabulation Session (Sessão de Apuramento Distrital ou de Cidade). This is a public ceremony, which must be announced in advance. STAE hands to the election commission already completed results sheets. Party delegates, journalists and observers are given copies, which are also sent to provincial and national elections commission. This ceremony takes place within three days of the voting. Most will be on Saturday 12 October.

The CNE has made the district election commission just a post box, taking and passing on the district editais. There is no discussion. There is no requirement that STAE keeps a record or makes a report of changes or corrections that have been made. In past elections, there is often significant manipulation of the results at district level.

CNE cannot hide ‘centralisation”

But the law is clear that the CNE cannot hide part of the district count from press, observers and party delegates. In two ways the electoral laws make clear that the “physical operations” (operações materiais) should be open to press and observers.

First, in the electoral law (14/2014) the operações materiais are included as part of the apuramento distrital. (art 122). This article also says the whole apuramento is open to party delegates, observers and journalists and that the date and time must also be announced.

Second, the CNE directive makes “centralisation” of data (centralização) part of operações materiais. The law gives observers that rights to free circulation in all parts of the electoral system and to observe “operations of the electoral process at all levels, namely the collection of data, centralisation and tabulation of election results at district level.”

“Centralisation” is, in effect, exactly the same as “material operations”, and must be open. The CNE is playing with words to try to create a secret count, but it has failed.

There have never been any rules as to how district counts are done, and whether they use pencil and paper or computers. Historically, many district counts have been completely open, even allowing observer to watch data input. But in many districts, observers have been barred from the count, and it looks like there will be confrontations in some places this year.

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CC agrees old ballot boxes should be used

A Renamo appeal against not ordering new ballot boxes – as apparently required by law – has been rejected by the Constitutional Council (CC). The old ballot boxes will be used. The new design is to prevent ballot box stuffing by inserting several ballot papers at the same time. The new ballot box would be transparent and with a narrow slot allowing only one sheet of paper. The new style ballot box was called for in a revised electoral law approved by parliament in April but vetoed by President Nyusi at the last moment, 30 May. The new transparent ballot boxes were included in the changed law finally approved 23 August, 47 days before the election. But the CC notes that the new and old laws specify a 135 day tender and ordering time, so this new law cannot require any new equipment for this year’s election. So having ballot boxes that satisfy the prior law is correct, the CC ruled on 26 September. https://cconstitucional.org.mz/jurisprudencia/acoordao-n-o-11-cc-2024-de-26-de-setembro/

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Insurgent action creates election fears in Cabo Delgado

Insurgents remain active in parts of coastal Cabo Delgado, despite military action by Rwandan forces. Government has been mobilising citizens to return in order to vote but continuing insurgent action creates fear in people who have returned, and is delaying the return of others.

A group of 10 insurgents on Thursday (26 September) stormed the village of Naliandele, about 7 kilometres from the Palma district headquarters, and murdered a man on his way to the field with his wife in search of food. The dead man’s wife was released and sent back to tell the story, which  agitated and panicked the population of the village and part of the district centre of Palma. Some citizens tried to leave their homes, but were later sent back by Rwandan troops.

And in Quissanga district, insurgent movements continue, frightening people who fled to safe areas. On 25 September an insurgent group invaded the village of Torroro, in Quissanga, and until Friday shots could be heard in the woods, which caused a certain insecurity among the few residents who remain. Even with a Rwandan troop position in place, the insurgents continue to circulate asking residents for food.

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  Special report: 25 years electoral fraud is on https://bit.ly/Moz-El-Fraud