Mozambique: Constitutional Council

Constitutional Council

Updated July 2009

The Constitutional Council is established by the Constitution and has special jurisdiction over constitutional matters (Constitution of Mozambique 2004, Article 241). In addition to resolving constitutional disputes the body has power to (Constitution of Mozambique 2004, Article 244):

  • Determine the legality of referenda.
  • Verify that presidential candidates meet the qualifications laid down by law.
  • Hear appeals on decisions on electoral dispute petitions.
  • 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 2004, Article 248).

The presidential candidate nomination process is set forth in Law 7/2007. 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 to reject ineligible candidates (Law 7/2007, 133, 136).

The process for electoral appeal to the Constitutional Council is also laid out in Electoral Law 7/2007. 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 7/2007, 185).

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 7/2007, 148).

Composition

The Constitutional Council consists of 7 judges. One judge (the chairperson) is is appointed by the President of the Republic and ratified by the Assembly. Five judges are chosen by the Assembly on a proportional basis, and one is indicated by the Judicial Council. Those five then co-opt the seventh member of the Council. All members are ratified by the Assembly.

References

CONSTITUTION OF MOZAMBIQUE 2004. 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 22 Feb 2010).

LAW 7/2007 of 26 February (governs election of the President and the National Assembly) replaces Electoral Law 7/2004.
For Portuguese see: Lei no 7/2007, [www] http://aceproject.org/ero-en/regions/africa/MZ/mocambique-lei-n-7-2007-in-portuguese/at_download/file [PDF document, opens new window] (accessed 9 Mar 2010).

Official web site

Constitutional Council: http://www.cconstitucional.org.mz/ [opens new window] (accessed 9 Mar 2010).