Wednesday, March 4, 2015

CAN NOT CONSTITUTE AN ADVANTAGE POLITICAL

First of all I want to express my deep and sincere condolences to family, friends and colleagues of Professor Gilles Cistac, shot dead by unknown individuals in broad avenue Eduardo Mondlane, the Café ABC.  Strange that the life of a man who had very for giving, come brutally finished, a avenue that always used to life in their day-to-day. I regret that there are people speculating on social networks and interviews, the causes of death of Cistac, allegedly for being critical of the Party and government in power, I am not against the imaginations and perceptions but they can not be transformed into reality as the truth does not exist and the real truth in the world consists of a homogeneous substance called proof. Morally is serious crime but accuse an innocent while still in the innocence, be it a singular, collective or institutional individual without proof substance to appear in its originality, the evidence is not manufactured and not riding by our imaginations and perceptions, on the contrary the imaginations and perceptions are fictional truths that appear to weaken our thinking and weaken our mentality in search of truth.   The imagination and perception are sources of a strong plot and you can not judge a man accused on the basis of an imagination and perception, as often as not repent when betrayed mentally and found evidence contrary to our imagination, although without taking out is logical to say I thought or imagined that the guy is that he did, because once it did not have good relations with this, because of that many people were victims of injustice, unfairly tried and convicted without proof element, so the proof is a justice of an injustice . The behavior, attitude and a person's background can not constitute evidence as she does not appear in its originality, that is, the fact that I have discussed today with my wife and tomorrow be found dead in bed, a dining table or elsewhere in dubious circumstances, can not be considered evidence or because of my death, likewise can be one of the research materials, until there is proof element, on the contrary we can discuss ideas to fall into a fight and the neighborhood realize the end of a relationship when in fact we are a couple reconciled.       My point of view is confined on charges that are raised around the death of Professor Gilles Cistac, claiming that link to their last argument that came publicly defend the idea of ​​the autonomous regions proposed by Renamo leader Afonso through its Dhlakhama I do not want to detract from the perceptions of many stakeholders including politicians and academics who came speaking of the death of Cistac, I think this is no proof, instead of losing time speculating this and that and turning his death into a political advantage, would be the time to join our forces and go behind the research to find a fact substantiated on the basis of evidence that causes us to get a true inference, even if you use if you need the different perceptions as raw or under investigation am in favor that make, proven and bring to light the truth so that justice is feat.Remember a few years ago, when the death of the journalist and writer Carlos Cardoso, there arose a lot of speculation against the same government of the day and a thorough investigation had not made without limitation the imaginations and perceptions that were soon flowing to his death, we would have an unfair justice, fortunately the truth appeared in its originality and made -If justice, wrongly accused by means of perceptions felt alibied.
No my FRELIMO point of view has nothing to do with the death of Professor Cistac in Mozambique have many critics against the governance of FRELIMO, people who criticize frontally, manipulate many bodies and minds to counteract government figures and Party but in no time it happened, by the way politicize the death of Gilles is just to gain political interests and this is immoral, at a time when the Cistac family needs comfort, support and our solidarity and not to listen to speculation and yields politics's.Se this philosophy was Frelimo not imagine how many would be killed, in a very recent period a university professor Castelo Branco name, wrote a letter of offense against the former President of the Republic, Armando Emilio Guebuza, but this was only notified and heard in own Headquarters without using a barbaric action like this has happened to Gilles are several voices against the governance of FRELIMO, but keep defending until proven find that FRELIMO is an innocent guy, hope quickly clarifying this macabre case parley this perception Professor Gilles Cistac, had his private life that none of us may be able to know in their entirety. In the end, I humbly ask that we let the judicial authorities do their investigative work, we will all follow and collaborate if we have sustainable raw in this research work, the President, Filipe Jacinto Nhusi, has advised the competent bodies to take seriously and rapidly in this of barbaric crime issue.
I have nothing academic but here is my point of view as a citizen
Professor Gilles Cistac, I wish she rest in peace and I pray that Allah (God) the creator of hidden immediately clarify this subject knowing that the victim will not come back in our coexistence. (Chandrek Niconela in facebook)

Tuesday, March 3, 2015

ASSASSINATION ATTEMPT AGAINST PROMINENT JURIST

Unknown gunmen on Tuesday morning attempted to assassinate prominent Mozambican academic and expert in constitutional law, Gilles Cistac, in broad daylight in a central Maputo thoroughfare.According to reports reaching AIM, at least three bullets struck Cistac, as he was being driven along Eduardo Mondlane Avenue in the heart of the city. He is currently undergoing intensive care in Maputo Central Hospital.Cistac is of French origin and is a naturalized Mozambican citizen. He has lived and worked in Mozambique since 1993. He has worked as an adviser to ministers – including Aguiar Mazula, when he was Minister of State Administration and then Minister of Defence under President Joaquim Chissano, and later the former Tourism Minister Fernando Sumbana. He has also advised the Administrative Tribunal (the body that oversees the legality of public expenditure).Last week Cistac announced his intention of taking legal action against a pseudonymous writer who had libeled him on Facebook. This man, using the name “Calado Calachnikov”, called him a “French spy” and suggested that he had obtained Mozambican nationality fraudulently.Cistac regarded these insults as an affront to his honour and good name. Interviewed in the latest issue of the independent weekly “Savana”, he said that from commentators such as “Calachnikov” he had already experienced “signs of political and academic intolerance and even racism. I ignored them but now they are accusing me of criminal acts. I think this has gone far enough. I have to act. I cannot allow this group of criminals to carry on staining my name”.Cistac’s attempted law suit clearly faced difficulties in that the man he wants to sue is hiding behind a pseudonym. Nonetheless he believed that the Public Prosecutor’s Office has the means to unmask criminals who use false names as their shield.“Calachnikov”’s unhinged vitriol against Cistac arose from Cistac’s argument that the demand for “autonomous provinces”, raised by Afonso Dhlakama, leader of the former rebel movement Renamo, can be reconciled with the Mozambican constitution, if each province is regarded as a large municipality.Dhlakama grasped at this argument as a life-jacket, and quietly abandoned his previous demand for a secessionist “Republic of Central and Northern Mozambique”.

NYUSI URGES JUDICIARY TO PURIFY ITS RANKS

Resultado de imagem para filipe nyuseMozambican President Filipe Nyusi on Monday urged the country’s judiciary to “purify your ranks, because in your midst there are people who are staining your seriousness and dignity”.Speaking at the ceremony marking the start of the 2015 judicial year, Nyusi said “it takes courage to make changes. I want to challenge the judiciary to make the necessary changes. On this depends the good name, honor and dignity of the judiciary”.“We want the judges, the lawyers, the police and all those who work in the administration of justice to enjoy the respect of our people”, he added. “This necessarily involves consolidating principles and values such as integrity, professionalism and respect for the people whom you swore to serve”.“We cannot remain calm when we hear the people crying out for quicker, fairer and more honest justice”, said Nyusi. He challenged the judiciary to win the trust and support of the people by making the necessary changes.Corruption, the President warned, “is an evil that corrodes our social fabric with serious consequences in all areas of our state”.Society demanded from the administration of justice an implacable attitude in the fight against corruption. “The magistrate, as a guardian of legality, must be intolerant towards acts of corruption”, Nyusi demanded. “Otherwise your image, built with much work and sacrifice, will be damaged”.  The President of the Supreme Court, Adelino Muchanga, said that Mozambique has just 311 judges. Of these, 288 are working in the courts, while the others are in full time study, or seconded to other work.This means that there are 1.1 judges for every 100,000 inhabitants of the country. But that figure is an average. The situation is much worse in the two most populous provinces. There is one judge for every 150,000 people in Nampula, and one for every 200,000 in Zambezia, said Muchanga.The courts are working with a heavy backlog of cases. Muchanga said that, at the start of 2014, there were 150,079 cases pending. During the year, a further 108,487 cases entered the courts. But only 97,196 cases were concluded over the year, and so the backlog increased, with 161,370 cases passing into 2015.

Monday, March 2, 2015

ACADEMIC WANTS TO SUE PSEUDONYMOUS LIBELLER

Prominent Mozambican academic and expert in constitutional law, Gilles Cistac, is attempting to sue a man using the pseudonym “Calado Calachnikov” who has libeled him on social media.Cistac, cited in the latest issue of the independent weekly “Savana”, said he will approach the Attorney-General’s Office in order to move criminal proceedings against “Calachnikov”.Cistac has ingeniously argued that the demand for “autonomous provinces”, raised by Afonso Dhlakama, leader of the former rebel movement Renamo, can be reconciled with the Mozambican constitution, if each province is regarded as a large municipality.Dhlakama grasped at this argument as a life-jacket, and quietly abandoned his previous demand for a secessionist “Republic of Central and Northern Mozambique”.But Cistac’s interpretation of the Constitution was enough to earn him vituperation on Facebook – particularly from “Calachnikov”, who called him a “French spy” and suggested that he had obtained Mozambican nationality fraudulently.This was too much for Cistac, who regarded these insults as an affront to his honour and good name. Cistac told “Savana” that from commentators such as “Calachnikov” he had already experienced “signs of political and academic intolerance and even racism. I ignored them but now they are accusing me of criminal acts. I think this has gone far enough. I have to act. I cannot allow this group of criminals to carry on staining my name”.
Resultado de imagem para Gilles CistacCistac said he had expressed his opinions in the belief that Mozambique is a democratic society where the debate of ideas is a healthy practice that can only strengthen democracy. But he regarded the shower of insults he had received as “an assault against democracy and against the construction of the democratic rule of law”.Cistac pointed out that he has lived and worked in Mozambique since 1993.He has worked as an adviser to ministers – including Aguiar Mazula, when he was Minister of State Administration and then Minister of Defence under President Joaquim Chissano, and later the former Tourism Minister Fernando Sumbana. He also advised the Administrative Tribunal (the body that oversees the legality of public expenditure).Cistac believed he had made a significant contribution to the training of Mozambican jurists and declared “I believe in full certainty that there is no province and no university that does not have jurists in whose training I played a part”.Cistac’s attempted law suit clearly faces difficulties in that the man he wants to sue is hiding behind a pseudonym. Nonetheless he believed that the Public Prosecutor’s Office has the means to unmask criminals who use false names as their shield.He said he would requests “exemplary punishment”, and suggested that compensation for damages of between 50,000 and 100,000 US dollars would be appropriate.

MALAWIAN ACCUSED OF PEOPLE TRAFFICKING

Resultado de imagem para trafficking in humanThe Mozambican police have arrested a Malawian citizen in the northern city of Nampula, believed to be part of an organised criminal network trafficking in human beings.Along with the Malawian, the police picked up four undocumented Ethiopian men, whom they believe are victims of the people trafficking network, reports Monday’s issue of the independent daily “O Pais”.The spokesperson for the Nampula provincial police command, Sergio Mourinho, told reporters “when questioned, the Malawian citizen said he came from South Africa and entered Mozambique on 23 January. He said he was carrying four people back to South Africa, to Johannesburg”.Mourinho believed that the Malawian was part “of a large ring of traffickers in human beings. This man (the Malawian) speaks English and Chichewa (the main national language in Malawi). But the four Ethiopians speak neither English nor Chichewa, much less Portuguese”.The Malawian, who was not named, told the police it was his brother who had asked him to pick up the Ethiopians in Mozambique and drive them to South Africa. He claimed he did not know what the Ethiopians would do once they were in South Africa. Nor did he explain how they would cross the border, since the four were not carrying passports or any other form of documentation. Mourinho said the four Ethiopians will be handed over to the immigration authorities for repatriation, while the Malawian will stand trial.

MORE THREATS FROM DHLAKAMA OVER “AUTONOMY”

Resultado de imagem para DhlakamaAfonso Dhlakama, leader of Mozambique’s former rebel movement Renamo has once again threatened to overthrow the government if the country’s parliament, the Assembly of the Republic, does not approve the Renamo bill to establish “autonomous provinces”.Speaking in Balama, in the northern province of Cabo Delgado on Friday, Dhlakama threatened that if the ruling Frelimo party uses its parliamentary majority to defeat the bill “(President Filipe) Nyusi and Frelimo will not govern this country”.He claimed that, after his two meetings with Nyusi in early February “some radicals in Frelimo didn’t like it”. They were trying to deny Nyusi his authority as President, and Dhlakama alleged there were even Frelimo members who said “Nyusi is nothing here”.Cited by the independent television station STV, Dhlakama said this alleged campaign against Nyusi was the work of his predecessor, Armando Guebuza “who is manoeuvring everything”. He even offered to help Nyusi, “because these contradictions in Frelimo could ruin our peace”.He was referring to the dispatch of Frelimo brigades to the provinces, headed by members of the party’s Political Commission, several of whom denounced Dhlakama’s plan for “autonomous provinces” as a threat to the country’s national unity. But, contrary to the Renamo leader’s claims, all of them applauded Nyusi’s decision to hold a dialogue with Dhlakama.Speaking at Chimbonila, in the neighbouring province of Niassa on Sunday, Dhlakama said once more he will not allow the bill on autonomy to be voted down in the Assembly. At the same time, he added that he would not need to resort to war to impose “autonomous province”. He claimed it was Frelimo “who wants war. But they haven’t got the capacity. They always lose”.At a rally in Maniamba, in the Lago district of Niassa, a man who claimed to represent local Renamo members, urged Dhlakama to divide the country along the line of the Save river (the conventional boundary between southern and central Mozambique). Renamo would take the whole centre and north and leave the southern provinces to Frelimo.This man threatened that, if Dhlakama backtracked, Renamo members in Lago would not only abandon their party, but would flee the country and take refuge in Malawi or Tanzania.In reply, Dhlakama said he was attempting to solve the problems of the people, which he intended to do “peacefully”.Nobody yet knows the content of the Renamo bill on “autonomous provinces” since it has not been presented to the assembly, much less to the wider public.

JINDAL WILL NOT PULL OUT OF MOZAMBIQUE

Resultado de imagem para Jindal indiaThe Indian mining company Jindal intends to remain in Mozambique, despite the current losses made in its coal mining operations in the western province of Tete.Like every other coal mining company, Jindal is suffering from the collapse in the world market price of coal. The company’s general manager, Chandra Singh, cited by the independent television channel STV, said it was reacting by cutting out sub-contractors.“There has been s sharp drop in prices on the international coal market”, said Singh. “Despite this, Jindal is committed to remaining in the Mozambican market and continuing to produce”.“We have been taking measures to rationalise operational and production costs”, he added. “Jindal has terminated contracts with sub-contracted companies, and is now doing those operations itself. Thus has allowed us to rationalize costs. These are some of the measures we are taking to make our operation more efficient”.Singh admitted that the forecast for coal exports in the immediate future is not bright, since both the United States and China plan to reduce their coal imports. The reduction of carbon emissions to which both these countries are committed implies the closure of several coal fired power stations.Jindal is not committed to exporting all the coal it mines. It is one of the companies which intends to build a power station at the mouth of the mine, which will consume the coal that is of too law quality for export. The first phase of the Jindal power station is expected to produce 300 megawatts of electricity.

NATIONAL UNITY called into question

"IF the project (the creation of autonomous regions) is not approved in Parliament, who will have problems is my brother, President Nyusi that will not get govern, because the crowds who saw in my rallies will do demonstrations," in Afonso Dhlakama moments after the last meeting with the President, Filipe Jacinto Nyusi."If Frelimo (MPs) have not approved our project of creation of the autonomous regions, there remains in nothing but expel the police, prosecutors, military and we appoint the prime minister to those regions", in Antonio Muchanga on TV Miramar.Two speeches, one of the "father" of democracy and other "brother" of democracy in Mozambique. Are statements that leave no room for doubt as to the concept of democracy to these figures. Speeches that are no more than the manifestation of the desire for access to power at any price. We are therefore before the reissue of incongruous speeches and arson of two of the main "parladores" of renamistas hosts. We are once more before two political speeches extortion professionals.The speeches of these two figures seem to indicate that the mentors of the project on such famous of "autonomous regions" - which is already famous before even exist, they know they will be chumbando. And in an attempt to avoid such a lead, unfold in pronouncements that are actually pointed knives to throats of the deputies of the majority bench.Many have said (me included) that victory in general elections is a national. There is local. Not district. Is not provincial. Many have said that this is because our electoral system defined it. This is so because our parent law, the Constitution, the states. I understand that there is willingness to change. It is a right for anyone. However, such a change may not result especially of an electoral process just performed.Societies evolve as a natural result of the claims of its people. Not necessarily because this or that other won or lost an election. By this I mean that a proposal of the type that Renamo want to display may come from the Government of the day, political parties, civil society and / or other actors that represent a considerable part of the population of Mozambique and can be presented in situations "normal". In moments that have not been born immediately after political crises an electoral process.I would like to draw attention to whom I "read" to the following: if the election results compulsarmos find situations where Frelimo won in the district "y" and the district "z", the province "wins" by Renamo. Will, following the logic renamista Frelimo should propose the creation of "their autonomous region" within the "autonomous region" Renamo. Another hypothetical example: imagine that the MDM won, in total, the province of Inhambane, but Frelimo won in four districts (in overall terms). As we were following the logic of Renamo?

One of the major battles of Frelimo, first as a guerrilla movement and then as a political party, after the proclamation of national independence, was the promotion and defense of national unity. A vital vision for the country defined and defended in order to counter the colonizer's strategy, which was to divide and rule. Who does not remember the philosophy (of the colonizer), who made history that, for example, matswas were considered inferior to vatsongas, the sixes were considered inferior to ndaus, the varongas were considered superior compared to vatchangas, the Makonde were considered inferior to emakwas, etc. Mozambique, with a single country with various ethnic groups, one can not "afford" to create conditions for that among these ethnic groups there are the upper and the lower.Although we do not know the essence of the project of the famous "autonomous regions" Renamo, I'm afraid its creation, in fact the division of the country, will promote the resurgence of tribalism. Moreover, the promotion of tribalism was dominant note during the last election campaign, with the protagonists Renamo parties and the MDGs.(Marcelinosilva in facebbok)

Wednesday, February 25, 2015

Preferable to negotiate to avoid war

The President, Philip Nyusi, and the Renamo leader Afonso Dhlakama agreed to submit the proposal for autonomous regions to Parliament. Today, Frelimo members of the Commission are campaigning against this same idea. What is your opinia, Dr.Teodato Hunguana, as Central Committee member in this regard?
There is no doubt that there are differences between the initiative of the President and the statements of our party. The President Nyusi took a major initiative because it opens the way to unlock a situation that would worsen almost unsustainable way for people. In my view, the president of Renamo put their ideas to the President and this indicated where they should be placed. Dhlakama accepted this counter and consider it extremely positive, because the Parliament is the proper forum to discuss the issue. However, at various levels heard our party leaders in answer to in order to reject the idea, even having been submitted. We can not take actions or pronouncements as if we had already discussed the project. At this time, Renamo should be concentrated in the proposal. Members of other stands should, in my view, study and discuss seriously the ideas that probably will guide the proposal. We have time to prepare for this debate and not anticipate positions on something you do not know.

It then considers the right decision of the President?I have no doubt, I fully support the President's position. He did not arrogated powers that it has not decided on anything, indicated own forum where the debate and the decision should occur. There he respected the Constitution.

It is timely appearance of the senior members of Frelimo knowing it was the party that supported the candidacy of Philip Nyusi?These statements pose problems that can cause dangerous misunderstandings. There pronouncements that undermine the President. The Head of State is the highest magistrate of the nation, the symbol of national unity, the guarantor of the Constitution, the Commander in Chief of the Defence and Security Forces and may not appear at any time, any instance above it. Be that party is the president, the party and the president are bound to the Constitution. The Constitution says that the parties are subject to the principles and constitutional requirements. No party, even to which I belong, escapes this, so there can be no appreciation as I sometimes hear there misconceptions, readings that say the president is subordinated to any party body.

That reading is the positioning of the Political Committee, especially the idea that "we do not want the autonomous regions"?I do not want to do any reading at this point because it is a matter of course you deserve analysis within the party. Who have questions may raise. I myself have already raised the level of the meetings we have.

Paragraph 2 of Article 76 of the Statute of Frelimo says that holders of government posts, elected by the party respond to the Commission Policy. To what extent this Article is in line with the Constitution?The statutory and regulatory standards or legal or have to be interpreted and the Statute of the Frelimo party did not escape this rule. They have to be interpreted with all the legal rigor and by no means the result is unconstitutional. The constitutional principles say the head of government is the president. Therefore, the President does not respond either to the Parliament under the Constitution.

So considers unconstitutional the article of the Frelimo statutes?If the interpretation is that it is unconstitutional, but it is not the only possible interpretation, so call attention to read and interpret with caution.

Do you think that the proposal of the creation of autonomous regions draft will pass in parliament?
We can not call into question the competence of the Parliament, so I have my reservations when questions are asked with an ultimatum when it comes to the State of destination. We can not call into question the competence of Parliament. This debate can not be anticipated by unhappy paths, hidden in some mobilization of political action. We must take seriously this debate, and for that we have to look seriously at the deputies.I think that the work should be done at this point is the study, analysis and internal discussion in preparation of the Assembly debate and this must happen in all parties entering the Parliament. It does not seem that they should come to the debate now in the media. We can not fall into a situation where a scream and others also cry. It seems that we are in a situation where we will see who is screaming more.

Takes the view that the current president of Frelimo must deliver the presidency before the end of the term?What I think is that the party organs will take the necessary decisions to solve a problem that is not a problem unless the invent accordingly.The fact is that this issue is not written in the party statutes, the result of some experience.

Resultado de imagem para teodato hunguanaConsiders that there is room for this?These principles and standards were put in place in a not very old situation. It was ten years ago with President Chissano. We can not act with a weight and two measures. I would be hard pressed to imagine what are the arguments for not cease. This argument that the mandate given by the Congress went beyond does not, because until the president's term Chissano went further.

Joaquim Chissano resigned willingly. There can be no waiver of will on the part of the current president of Frelimo?The President Chissano, from the state, was able to reapply and he has drawn its unavailability. In relation to the presidency of the party, he was president of the party and came to resign because the gap between the party presidency and the presidency did not obey the principle of unitary power, which is the principle against which Frelimo was established and always worked. What is asked is that someone may not want to act according to the principles of the party. There is placing a complex problem. In any case, the competent bodies discuss seriously if there is anything which calls into question the principles and causes that were being followed in a certain way.

As a fundamental point, which is the difficulty the party to put it in the statutes?
We have good laws, but they are not perfect. You need to make an effort of articulation and legal and correct interpretation of the statutes so that they result not unconstitutional. It means that some parts of the statute are not clear, need interpretation. Congress in the Congress had to make an effort to improve our statutes with a view to be conformed to the Constitution.

It would be surprising if the presidency of the party were not passed to Philip Nyusi before the end of the mandate of Armando Guebuza?There is no doubt that it would be surprising, because not correspond to a practice and I know we're all used to. We must shape the understanding we have of statutes and conform them to the dictates of the Constitution otherwise come to absolutely unaffordable conclusions with the constitution and may call into question the respect we should have with the highest magistrate of the nation.

That comment is in relation to the senior member Gabriel Muthisse on Facebook in response to the publication of Marcelo Mosse?I do not know in what context it made this statement, but it seems to me, from what I understand, that President Nyusi wanted to move away, legislating and judge to be superior to Frelimo. Have you heard this critical statement, I think we would be to draw up a misconception suspect the President. Nyusi is Central Committee member as we who chose it as our candidate for President. The President Nyusi assumes and exercises to the fullest the powers that are in the Constitution, was why he was elected. We in Frelimo party, are the first to observe these principles.

There will be conditions for that, in fact, Philip Nyusi have peace in their governance?He is the guarantor of the Constitution and has a great commitment that goes beyond everything and everyone. Was publicly invested therefore involve creating the conditions for the President effectively exercises power without obstacles, inerências what are the norms of the Constitution itself. If there are problems within the Frelimo party must be resolved, but not undermine the commitment of what is the mandate of the President.

Considers being impaired performance of the President?The President took an open initiative and had caused a salutary thaw. However, there have been developments seem to us reconduzirem foregoing. And if in fact it bring us back to previous situations of tension because of something that is out of alignment with the initiative of the President, we must resolve these issues wherever they arise, and most urgently, are not problems to be postponed.