The
former chairperson of Mozambique’s Constitutional Council, the body that is the
final arbiter on matters of constitutional and electoral law, Rui Baltazar, on
Monday demanded that people who commit electoral crimes should be treated in
exactly the same way as any other criminalBaltazar is one of the most experienced
and respected jurists in Mozambique. As a young lawyer he defended political
prisoners in the colonial courts, and after independence he was justice
minister and later finance minister in the governments of the country’s first
president, Samora Machel. He was the first chairperson of the Constitutional Council,
between 2003 and 2009.At a Maputo seminar on the country’s electoral
legislation on Monday, Baltazar expressed his anger at the failure of the
country’s legal system to punish people who violate the election laws. Despite
well attested cases of fraud, and of violence during election campaign, very
few people have ever been brought to trial for such offences. Baltazar had
direct experience of fraudulent behaviour when would-be presidential candidates
presented the Constitutional Council with documents that were obviously forged.
One requirement for any presidential candidate is a list of at least 10,000
supporters, whose signatures must be verified by a notary.
Baltazar noted that,
in the 2009 elections, one of the would-be candidates presented just ten valid
signatures. At the time the Council noted that several candidates from minor
political parties presented lists of names that had obviously just been copied
from an electoral register, and that signatures had been added that were
clearly by the same person. Although forging documents is a serious offence,
the Public Prosecutor’s Office took no action against these fraudulent
candidates Repeatedly, the media have reported on dishonest polling station
staff deliberately invalidating votes (usually for opposition candidates) by
adding another mark to ballot papers during the count. This type of fraud was
denounced in 2009 by both the National Elections Commission (CNE) and by the
Constitutional Council, but no action was taken.“The more electoral offences
are committed, the more this behavior becomes normal, banal, and the less
seriousness can we expect from our elections”, warned Baltazar”.“Something must
be done to put an end to this impunity”, he declared. “It is a crime as serious
as any other crime. We must regard the people who commit these electoral
offences as criminals, as delinquents, regardless of what party they may belong
to”.While it is true that political parties exist to compete for power, said
Baltazar, that power should be used to serve the people, and not for personal
gain.“Fight to win elections, yes”, he added, “but in order to develop the
country, and improve the living conditions of our people, and not for personal
benefit. Our political parties should be ashamed of having members or
sympathizers who commit electoral crimes, and they should be the first to
denounce them, however painful that may be”.He attacked the shift in attitudes
away from collective solidarity towards personal benefits. “The philosophy that
power exists to serve the people has been replaced by the belief that we must
reach power in order to obtain privileges and benefits”, he accused.Political
parties ought to be inspired by “ideals of solidarity, of sacrifice for the
common good. But this is being lost in our country, if it ever existed, and
power is being viewed fundamentally as a source of benefits”.
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