Mozambique: Constitutional Council

Updated July 2005

Note: In February and June of 2007 the Assembly of the Republic passed five new electoral laws. The information on this page will be revised and updated as soon as possible. Significant here is that Law no 7/2007 of 26 February (governs election of the President and the National Assembly) replaces Electoral Law 7/2004.

The Constitutional Council is established by the Constitution and has special jurisdiction over constitutional matters (Constitution of Mozambique 1990, Article 180). In addition to resolving constitutional disputes the body has power to (Constitution of Mozambique 1990, Article 181):

  • Determine the legality of referenda.
  • Supervise the work of the CNE.
  • Verify that presidential candidates meet the qualifications laid down by law.
  • Hear appeals on decisions on petitions made by the CNE.
  • Validate and declare final electoral results.

In these matters, both constitutional and electoral, it is the body of final determination and there is no appeal against its decisions (Constitution of Mozambique 1990, Article 182).

The presidential candidate nomination process is set forth in Electoral Law 7/04 (2004). Nominations must be made 60 days before election day, either by the candidate or by the candidate's proxy. The Constitutional Council has the power reject ineligible candidates (Law 7/04 2004, 124, 127).

The process for electoral appeal to the Constitutional Council is also laid out in Electoral Law 7/04 (2004). Appeals must be made with three days of the disputed decision rendered by the CNE and the issue must be decided within five days (Law 7/04 2004, 175).

Once the Constitutional Council has ruled on electoral petitions it must scrutinize the work of the CNE to validate the results and proclaim them (Law 7/04 2004, 115, 140).

Composition

Legislation was passed on December 4, 2002 to give effect to the constitutional provisions discussed above and to establish the composition of the Constitutional Council (which is not laid down in the Constitution). According to a Mozambique News Agency report (2002):

In the final version [of the Bill passed] the chairperson is appointed by the President, and ratified by the Assembly. Five judges are chosen by the Assembly on a proportional basis, and those five then co-opt the seventh member of the Council.

Until the new law was put into effect the powers of the Constitutional Council were vested in the Supreme Court (Constitution of Mozambique, Article 202).

References

CONSTITUTION OF MOZAMBIQUE 1990. For Portuguese see: Constituição da República de Moçambique (incluindo as revisões de 1994 e 2004), [www] http://www.mozambique.mz/pdf/constituicao.pdf [PDF document, opens new window] (accessed 24 Oct 2007).

LAW 7/04 2004, [www] http://www.idea.int/africa/upload/Moz%20Electoral%20Law%207%202004.pdf [PDF document, opens new window] (accessed 24 Oct 2007). For Portuguese see EISA 2004 Manual sobre a Legislação Eleitoral de Moçambique - Eleições Gerais de 2004, Anexo 1, 23 - 75, [www] http://www.idea.int/elections/upload/MANUAL%20DA%20LEI%20ELEITORAL%202004%20Final.pdf [PDF document, opens new window] (accessed 24 Oct 2007).

MOZAMBIQUE NEWS AGENCY 2002 "Bill on Constitutional Council passed (Law of 4 December)", Report No 245, December 16, [www] http://www.poptel.org.uk/mozambique-news/newsletter/aim245.html [opens new window] (accessed 24 Oct 2007).