Mozambique: National Electoral Commission

Updated July 2007

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 8/2007 26 February (governs the National Electoral Commission) replaces Law no 20/2002.

The National Electoral Commission (Comissão Nacional de Eleições), CNE) is established by Law 20/02 (2002, Articles 1 - 3, Anexo 3). The CNE is responsible for supervising voter registration, the conduct of elections and holding of referenda (Law 20/02 2002, 2). The CNE is an independent body subordinate only to the constitution (and therefore the Constitutional Council), while a number of other subordinate organs are answerable to it alone (Constitution of Mozambique 1990, Articles 180-183, Law 20/02 2002, 3, 28, 26 2.). However, complaints about the CNE are submitted to the Constitutional Council (Law 20/02 2002, 8).

Composition

The Commission consists of 13 members, which include a president and a deputy president. Members must be citizens of Mozambique, professionals and over 25 (Law 20/02 2002, 4).

Five members are designated by parties/coalitions in the Assembly of the Republic and eight members are chosen by the first five from nominees by civil society bodies. The president is elected by the 13 from among the eight civil society representatives (Law 20/02 2002, 5).

A representative of the government has the right to attend meetings and to speak but has no vote (Law 20/02 2002, 6).

Members of the commission may not hold elective or administrative public posts and offices (Law 20/02 2002, 14). No provisions are made for the removal of members from office.

Term of Office

The term of office of the CNE is five years and new commissioners must be appointed within 60 days "after the start of each legislative period" (Law 20/02 2002, 11).

Functioning

The CNE is organised into the following divisions (Law 20/02 2002, 20):

  • Organisation and operations
  • Legal affairs.
  • Civic education.
  • Financial administration.
  • Internal and external relations.
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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 20/02 2002, October 10 [www] http://www.idea.int/africa/upload/Moz%20Electoral%20Law%2020%20CNE%202002.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 3, 91 - 104, [www] http://www.idea.int/elections/upload/MANUAL%20DA%20LEI%20ELEITORAL%202004%20Final.pdf [PDF document, opens new window] (accessed 24 Oct 2007).