350.
It is also noted that the appointment of judges is politically biased and therefore compromises their independence. The current President of the Supreme
Court, Mario Mangaze, has held this position since it was first implemented in
1988. In April 2004, his reappointment was opposed in the Assembly of the
Republic by RENAMO Members of Parliament (MPs), on the grounds that he
had held office for such a lengthy period. Despite objections from some MPs,
the President of the Republic was still able to obtain a majority vote to ratify his
appointment for the Presidency and Vice-Presidency of the Supreme Court in
2004 successfully, as he has been able to do since the inception of the court.
351.
The President of the Supreme Court is automatically appointed as President
of the CSMJ. This council plays a central role in the appointment of judges to
the judicial courts. Considering that the President and Vice-President of the
Supreme Court are appointed by the President of the Republic, and that the
ruling party also has a majority in the Assembly of the Republic, the President
and his party could arguably exert influence over a considerable number of
appointments to the Higher Council.
Level of Independence of the Legislature
352.
As mentioned above, the Constitution gives a dominant position to the Executive, embodied by the President and the Council of Ministries. FRELIMO’s comfortable majority in the Legislature has contributed to the weakening of the
General Assembly vis-à-vis the Executive. Significant key legislation has been
passed without the participation of RENAMO MPs, who declined to vote on
the laws, arguably due to FRELIMO’s clear intention of ignoring the arguments
brought by the opposition during the discussion of the law.
353.
The Legislature and Judiciary suffer from a lack of capacity and low levels of
public confidence as a result of the greater power vested in the President and
the Executive. Consequently, the application of the principle of separation of
powers and the autonomy of the different branches of government is ineffectual. The current political practice in Mozambique also favours a blurring of the
distinction between the ruling party, the government and the state.
354.
The General Assembly sits part-time and has a limited number of days for doing oversight functions. Members of the General Assembly reported that its
legislative work is done within three months (two sessions of a maximum of
45 days each), a maximum of 35 days for constituency work and 15–25 days
for oversight functions during which members are paid. For the remaining
seven months of the year, members have to fend for themselves. FRELIMO
members of the General Assembly survive better because they are appointed
to boards and commissions where they earn an additional income, but no so
the opposition members. The 15–25 days in the year allocated for doing oversight functions are grossly inadequate.
129
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents