Mozambique: Electoral System

Updated July 2009

Legal basis Constitution of Mozambique, 1990 (amended 1994, 2004)
Law 7/2007 of 26 February (governs election of the President and the National Assembly)
Law 8/2007 of 26 February (governs the National Electoral Commission)
Law 9/2007 of 26 February (governs voter registration)
Law 10/2007 of 18 June (governs election of Provincial Assemblies)
Law 15/2009 of 9 April (governs simultaneous elections of the President, National Assembly and Provincial Assemblies)
Law 18/2007 (governs local government elections)
Electoral system Multiparty elections since 1994.
Proportional representation for the Assembly of the Republic[1]. 5% entry threshold abolished in 2004[2].
Presidential candidate needs majority of valid votes cast to be elected. If no candidate obtains more than 50% of vote, a run-off is held between the two strongest candidates and the candidate who obtains the most votes is elected[3].
Election period Concurrent Presidential and the Assembly of the Republic elections every 5 years[4].
Electoral institutions National Electoral Commission (CNE)[5]
Technical Secretariat for Electoral Administration (STAE)[6].
Provincial electoral commissions[7].
City/district electoral commissions[8].
Constitutional Council[9].
Functions of electoral institutions CNE: responsible for ensuring voter registration and supervising elections and referenda[10].
STAE: Executive arm of the CNE[11].
Provincial, city and district commissions: To assist CNE in implementing its mandate[12].
Constitutional Council: Supervises electoral process, verifies presidential candidates, hears petition appeals, validates and declares final results[13].
Independence of electoral institutions National Electoral Commission (CNE) is an independent body subordinate only to the constitution and other relevant legislation, while the other subordinate organs are answerable to it alone[14].
Constitutional Council appointed by president and parliament in a formula that ensures representation of political parties in Assembly of the Republic[15].
Demarcation There are 13 constituencies. The 10 provinces and the city of Maputo return a total of 248 MPs; the number of seats allocated to each of these is determined afresh for each election based on the proportion of voters registered in each by the CNE. Expatriates in Europe and Africa return 1 member each [16].
Voter registration Registration compulsory, permanent voters' roll updated in each election year by STAE under supervision of CNE[17]. Voters must present acceptable identification document (Valid identification includes birth certificates, passports, and any legal document with photograph, thumbprint or signature of previous voter card) or identified by two witness registered as voters in area. A voter's card is issued [18].
Voter education CNE responsible for promoting civic education through the state mass media[19].
Nomination of candidates Presidential: Nominations of parties, party coalitions or citizens are submitted to Constitutional Council within 60 days before election day, while candidates nominated by citizens must be endorsed by 10 000 voters[20].
Legislature candidates are nominated by parties or coalitions on lists submitted to the CNE. The CNE ensures the eligibility of candidates[21].
Funding of political parties Campaigns funded by state according to the existing representation of parties and the number of candidates standing. Money allocated by CNE[22].
Funding by foreign governments, national government organisationas and institutions or state owned corporations prohibited[23].
Private donations, foreign or local permitted[24].
Election campaign Campaigning starts 45 days before election day and ends 48 hours before it[25]. Opinion polls prohibited from beginning of campaigning until CNE publishes results[26]. The CNE issues a code of conduct for political parties[27].
Communication CNE empowered to allocate time equally on state broadcasting media[28].
Counting Counting takes place immediately after close of polls, in polling stations by presiding officer and polling officers, under the observation of candidate/party agents and observers[29].
Announcement of results Results are published immediately, publicly after count, copies given to candidates or agents. Then are transmitted to city/district electoral commission, through provincial commission to CNE. Final results must be made public within 15 days after polls close[30].
Conflict resolution Petitions are made to the CNE within two days of the results being published and must be decided on within two days. Appeals against decisions made by the CNE are made to the Constitutional Council within three days of the decision being published and must be decided on within 5 days[31].
Election monitoring The CNE accredits domestic and foreign monitors and observers, as well as party observers and issues codes of conduct binding on them[32].

Table notes

[1] The electoral system for the parliamentary election is based on party-list proportional representation. There are eleven constituencies, corresponding to the 10 provinces in the country and the city of Maputo. These constituencies send representatives to the Assembly in proportion to the number of registered voters they have. There are also two constituencies for expariates, Africa and the rest of the world each elect 1 MP (Law 7/2007, 158-159).
[2] Constitution of Mozambique 2004, Article 135.
[3] Constitution of Mozambique 2004, Article 148 and Law 7/2007, 130.
[4] Constitution of Mozambique 2004, Articles 147.43. and 185.1.
[5] Law 8/2007, 1-3.
[6] Law 8/2007, 29-37.
[7] Law 8/2007, 26.1., 27-28.
[8] Law 8/2007, 26.2., 27-28.
[9] Constitution of Mozambique 2004, Articles 241-248.
[10] Law 8/2007, 2.
[11] Law 8/2007, 29.2.
[12] Law 8/2007, 28. This article gives a detailed list of functions they must perform.
[13] Constitution of Mozambique 2004, Article 244.2.
[14] Law 8/2007, 3, 28.2. However, complaints about the CNE are submitted to the Constitutional Council (Law 8/2007, 8).
[15] Constitution of Mozambique 2004, Article 242.1.
[16] Law 7/2007, 128, 158, 159.1.
[17] Law 9/2007, 2, 5, 12, 19.
[18] Law 9/2007, 21, 24.
[19] Law 7/2007, 7.
[20] Law 7/2007, 132.
[21] Law 7/2007, 166-179.
[22] Law 7/2007, 35.2, 36; Law 8/2007, 7.1.w).
[23] Law 7/2007. 35.3.
[24] Law 7/2007, 35.1.
[25] Law 7/2007, 18, 34.
[26] Law 7/2007, 24.
[27] Law 8/2007, 7.1.l).
[28] Law 8/2007, 7.1.r).
[29] Law 7/2007, 83-90, 95.
[30] Law 7/2007, 120.
[31] Law 7/2007, 184.3., 185.
[32] Law 7/2007, 9.

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).

LAW 8/2007 of 26 February (governs the National Electoral Commission) replaces Law 20/2002.
For Portuguese see: Lei no 8/2007, [www] http://aceproject.org/ero-en/regions/africa/MZ/mocambique-lei-n-8-2007-in-portuguese/at_download/file [PDF document, opens new window] (accessed 9 Mar 2010).

LAW 9/2007 of 26 February (governs voter registration) replaces Law 18/2002.
For Portuguese see: Lei no 9/2007, [www] http://aceproject.org/ero-en/regions/africa/MZ/mocambique-lei-n-9-2007-in-portuguese/at_download/file [PDF document, opens new window] (accessed 9 Mar 2010).

LAW 10/2007 of 18 June (governs election of Provincial Assemblies) is a new piece of legislation.
For Portuguese see: Lei no 10/2007, [www] http://aceproject.org/ero-en/regions/africa/MZ/mocambique-lei-n-10-2007-in-portuguese/at_download/file [PDF document, opens new window] (accessed 9 Mar 2010).

LAW 15/2009 of 9 April (governs simultaneous elections of the President, National Assembly and Provincial Assemblies)

LAW 18/2007 (governs local government elections) replaces Law 19/2002.
For Portuguese see: Lei no 18/2007, [www] http://aceproject.org/ero-en/regions/africa/MZ/mocambique-lei-n-18-2007-in-portuguese/at_download/file [PDF document, opens new window] (accessed 9 Mar 2010).