xxiv.
The CRM received mixed reactions regarding the enjoyment of the freedom
of expression. Many felt that freedom of expression is observed, emphasising
that there is open governance and the people are given opportunity to express
themselves freely. In other words, each Mozambican has the right to have
and air his or her own ideas and opinions. Others disagreed, arguing that the
government is not pro-people.
xxv.
Freedom of information in Mozambique is yet to be fully implemented, pending the enactment of the Law on Access to Official Sources of Information. The
absence of this law hampers sectors of society seeking information for investigative or other purposes, because the Official Secrets Act is cited as grounds
for the non-release of information. The accessibility of the written media will,
however, remain limited as long as the problem of illiteracy prevails.
xxvi.
Civil society in Mozambique has been very dynamic in engaging several development processes and in shaping government policies. The registration and
operation of non-governmental organisations (NGOs) is governed by legislation. More ministries are resorting to partnering with NGOs in the execution
of their mandates in service delivery because of the value they add to the
development process. With civil society organisations (CSOs) monitoring and
participating in the electoral processes, public oversight in elections has increased. In fact, the president of the CNE is from civil society.
xxvii.
It is clear that Mozambique is experiencing difficulties as far as the separation of powers and the autonomy of the Executive, Legislature and Judiciary
are concerned. This flows from the constitutional structure, which provides for
a strong and powerful President backed up by the Executive, as opposed to
an ineffective, weak and under-resourced Legislature and Judiciary. The wideranging power of the President is problematic, particularly in view of the fact
that he appoints the President of the Supreme Court and the Attorney-General
without the involvement of the Legislature. The constitutional mechanisms
ensuring accountability, transparency and horizontal control are limited. The
President and the government are not politically accountable to the Assembly.
The government must, however, discharge its functions in accordance with
the decisions of the President and the Assembly, according to Article 202(1)
of the Constitution. The Constitution also provides a jurisdictional mechanism
for the resolution of conflicts between the different branches of government
by means of the Constitutional Council. In the political history of Mozambique,
however, there is no record of any relevant institutional conflict between two
arms of government. This makes it particularly difficult to assess allegations
and perceptions of attempts by the Executive and Legislature to exert influence
over the Judiciary.
xxviii.
A further impediment to good and unbiased governance and the rule of law
is the uneasy balance of power between FRELIMO and RENAMO. The country
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A P R M COU N T RY R EV IEW R EP ORT NO. 11