Objective 4: Uphold the separation of powers, including the independence of judiciary and effective Parliament Recommendation of the APR Panel was depoliticise the appointment of judges in order to protect the integrity of the judiciary(i); train the Judiciary in ethics, accountability and transparency (ii); make membership of the Parliament a full-time job and increase the number of days for oversight the executive (iii); continuous increase of the budget of the Parliament to improve its performance (iv); enhance the capacity of the Parliament through training MPs in policy analysis and oversight functions (v). 45. In relation to the recommendation of the APR Panel on non politicising of the appointment of judges, the Supreme Court indicated that separation of powers is clearly defined in the Constitution and the entry into the judicial profession, on top of other requirements defined in the Statute of Judicial Magistrates and in the General Statute of Civil Servants and Agents, it is conditioned to the passing on specific test recognised by the High Council of Judicial Magistrate (Source: TS – Letter sent to the APRM National Forum). 46. The letter also added for the appointment of the President and Vice President of the TS, the Supreme Council of Judicial Magistrate (which includes representatives of several classes of judges and judicial officers) is consulted in relation to those nominated to such posts before the final decision is taken by the President of the Republic. The TS noted that the previous experience shows that in the cases that there was negative opinion by the Council the President of the Republic did not appoint such personality. On the other hand, the appointment is subject to ratification by the Parliament which procedures includes hearing with the nominee by the Commission for Legal and Constitutional Affairs and followed by a secret voting by the members of the Parliament. 47. On the other hand and according to the TS, the Constitution and the ordinary legislation guarantees the independence and impartiality of the President and Vice President as well as other magistrates. For example, after the President of the Republic appoints the President and Vice President of the TS and taking office, he has no power whatsoever to determine the cessation of office over their mandates. 48. Notwithstanding the above mentioned, there are perceptions in some sectors of society – including part of some of those consulted for the drafting of this report – which indicate that the present mechanism for appointment and promotion of senior magistrates have some kind of political “confidence” and apparently do not respect the principle of separation of power. However, it important to observe that such procedures are clearly defined by the Constitution and they can only be changed after constitutional review. 49. In a meeting organized by the Association of Magistrates of the Prosecuting Council in Maputo on 22/03/2013, in the amphitheatre of the Faculty of Medicine at Eduardo Mondlane University under the theme “Protection of Human Rights and Strengthening of Constitutional Powers of the Prosecuting Council”, judicial magistrates and those of the Prosecuting Council, for example, complained about the political interferences in their activities showing some kind of concern regarding the situation. In the same meeting 26

Select target paragraph3