Estrela Metine N° 41
Estrela Pedro N° 42
Eunice Nelson N° 46
Eunice Ronaldo N° 47
Fabila Quisito N° 49
Fárida Nelito N° 50
The Mozambican Electoral System
11th Class B7
Tete Secondary School
Tete
2024
Estrela Metine N° 41
Estrela Pedro N° 42
Eunice Nelson N° 46
Eunice Ronaldo N° 47
Fabila Quisito N° 49
Fárida Nelito N° 50
The Mozambican Electoral System
11th Class B7
English Subject
Teacher:
Verdeano
Tete Secondary School
Tete
2024
Contents
Introduction ............................................................................................................................ 1
Background ............................................................................................................................. 2
The importance of electoral systems................................................................................... 3
The Mozambican electoral system ..................................................................................... 4
Positive effects of proportional representation ................................................................... 5
Negative effects of proportional representation .................................................................. 5
The importance of electoral legislation............................................................................... 8
Composition of the National Electoral Commission .......................................................... 9
Electoral law in force .......................................................................................................... 9
Challenges ......................................................................................................................... 11
Conclusion ............................................................................................................................ 12
Blibliography ........................................................................................................................ 13
1
Introduction
When we talk about representation, various ideas come to mind. But we will focus on
political representation and its implications for the structuring of social relations between
individuals and their politicians, and also of the individual towards the state. Dealing with
representation implies looking for theoretical and practical elements. Perceiving in the
relationships between people and their candidates the key element for building
identification. Questions relating to electoral systems are, at the same time, questions of
power and questions around the conception of society and democracy: the positions
adopted in the debate on the electoral system derive from this duality. These are always
political positions (even when they are scientifically based or disguised). It is no
exaggeration to say that from the moment that project to revise electoral laws are at stake,
the first concern of the parties is to simulate the results in the new ways proposed, with the
aim of verifying to what extent they will be favorable or not. The election, i.e. the decision
on decision-makers, which is the central mechanism for building political representation,
although it doesn't end there, is a complex process of competitive struggle between those
seeking political office and obeys a set of rules that make up the electoral system. With this
introductory approach, I intend to talk about: The Mozambican electoral system.
2
Background
Political participation is one of the important elements of democratic states, and it takes the
form of regular elections. They are seen as one of the indicators for measuring democratic
stability and consolidation. If this is true, the process of political stability and consolidation
of Mozambican democracy is no exception, since the Mozambican political-competitive
field is witnessed by the holding of regular elections.
There have been five (5) general elections - in 1994, 1999, 2004, 2009, and most recently in
2014, and four (4) local elections, starting in 1998, then 2003, 2008 and 2013.
The course of these elections is ritually accompanied by consecutive changes in electoral
legislation, more specifically, changes in the composition of the National Electoral
Commission (CNE), the institution that oversees electoral processes. By way of example,
each piece of electoral legislation states that if there is a need to improve the organization,
coordination, conduct, direction and supervision of voter registrations and electoral acts, the
CNE undergoes continuous changes in terms of its composition.
Figura 1: Comissão Nacionalde Eleições.
Fonte: Manual de Ciencias Politicas
Periodic, general, free, equal and secret elections are a key element of the democratic
process. In essence, elections are the mechanism through which the sovereign people
legitimize the exercise of legislative power, and - directly or indirectly - executive power
for a fixed period of time. However, this legitimacy in a democratic regime is not absolute,
and leaders must be accountable to the electorate for their work.
3
In a famous definition, the American academic Robert Dahl established eight minimum
formal criteria for characterizing a system as democratic, five of which make direct
reference to the holding of elections:
1. The right to vote
2. Eligibility
3. The right to political competition in the search for support and votes
4. Free and fair elections
5. The subjection of political decisions to the results of elections and other forms of
preference articulation.
The importance of electoral systems
The electoral system adopted in a country can - and does - have a considerable influence on
the form of government, party organization and parliamentary structure, reflecting to some
extent the character of the institutions and the political orientation of the regime. Sociology
has zealously investigated the effect of electoral techniques and drawn important
conclusions, depending on whether majority or proportional representation is used.
Figura 2: Ilustração de uma Cidadã votando
Fonte: Manual de Ciencias Politicas
Like suffrage or the right to vote, the ways in which people vote or how they vote are
means of expressing the sovereignty of the governed. The ways of voting are also called
electoral regimes or electoral systems, which are synonymous terms.
4
They are indispensable for designating elected representatives, because elections involve
rules that make it possible to calculate how the votes in favor of candidates determine
which of them will be elected.
This practical need is based on precise and often complicated techniques. However, the
choice of an electoral system does not only raise technical problems; it is a question of how
the seats in parliament will be allocated, taking into account the votes cast by voters. The
adoption of an electoral system is based on political considerations, since the different
voting methods have very different consequences.
In fact, different methods are opposed in this respect: one- or two-round majority voting,
proportional representation, mixed systems.
Until the last years of the 19th century, the question of how to vote did not raise much
discussion. The most widespread was the one-round majority system that operated in Great
Britain and the British dominions, Latin America, Sweden and Denmark. With the
exception of the latter two countries, the rest of continental Europe imitated the French
system, i.e. the two-round majority vote. In the meantime, between 1850 and 1900, experts
developed the idea of a proportional representation system, which was adopted in Belgium
in 1899 and in Sweden in 1908. This new form of voting was adopted throughout
continental Europe between 1914 and 1920. France itself also adopted this system in 1945,
only to abandon it in 1958.
The Mozambican electoral system
The Mozambican electoral system is one of proportional representation, also known as the
system of representation of opinions, which has been adopted by several countries since the
first half of this century. Proportional representation, according to Prélot, "aims to ensure
that the various opinions among which voters are divided have a number of seats
proportional to their respective strengths" or, in Jeanneau's equally clear words, "the system
in which the seats to be filled are distributed among the opposing lists in proportion to the
number of votes they have obtained".
5
This principle, the rationality of which has been so often praised, does indeed paint a
logical and coherent picture of opinions. It serves as a mirror and political map for
recognizing the forces distributed throughout the body of the nation.
In countries that apply it to the full, there is no current of opinion, however minority it may
be, that does not have the possibility of being represented in the legislature and thus
contributing, to the extent of its strength and prestige, to the formation of the official will.
In short, from this point of view, it is an electoral system that allows the voter to feel the
strength of their vote and to know in advance how effective it is, because the entire will of
the electorate is represented in proportion to the number of votes.
Positive effects of proportional representation
The principle of justice that presides over the proportional representation system is
generally appreciated. There, every vote is equally effective and no voter will be
represented by a deputy for whom they did not vote. It is also the system that gives
minorities an equal chance of representation according to their quantitative strength. This
last aspect constitutes a high level of protection and defense that the system provides to
minority groups, whose representation is left unattended by the majority system.
By its nature, as we can see, it is an open and flexible system, which favors, and to a certain
extent encourages, the founding of new parties, thus accentuating the political pluralism of
party democracy.
Negative effects of proportional representation
Experience with the application of proportional representation over more than fifty years
and in various countries, however, reveals serious drawbacks or negative aspects of this
representative technique. One of the objections raised concerns the multiplicity of parties it
engenders, which results in the weakness and instability of governments, especially in
parliamentarianism.
6
Proportional representation threatens to destroy and disintegrate the party system or creates
the conditions for bizarre unions of parties - intrinsically opportunistic unions that chill the
electorate's sense of trust in the legitimacy of representation, which is circumvented by
alliances and coalitions of parties whose programs often clash ideologically.
Another serious defect of proportional representation can be deduced from the occurrence
of these alliances: it exaggerates the importance of small political groups, granting minority
groups an excessive amount of influence that is completely at odds with the numerical
strength of their electoral numbers.
The negative aspects of proportional representation, which is simple in appearance but
obscure and complex at its core, were also judiciously pointed out by Vedei.
Evolution of the Mozambican Electoral Package
The first political election organized and held by Mozambicans took place at the time of the
genesis of FRELIMO, when Mozambicans organized an electoral process in which,
through a secret, personal and direct vote, Dr. Eduardo Mondlane was elected the first
President of FRELIMO.
Figura 3: Eduardo Mondlane
Fonte: Manual de Ciencias Politicas
7
The first elections in independent Mozambique took place in 1977, on the basis of which
People's Assemblies were set up, from local to central level. These elections took place
within the framework of a single-party political system and direct, participatory democracy.
The first multi-party elections under the democratic rule of law took place in 1994.
After a civil war that lasted sixteen years, claimed more than a million lives and caused
enormous social and economic damage, Mozambique held its first multiparty general
elections in 1994, two years after the peace accords were signed in Rome. Elections won by
the Mozambique Liberation Front, FRELIMO, and its presidential candidate, Joaquim
Alberto Chissano, a veteran of the national liberation struggle.
Figura 4: Joaquim Alberto Chissano
Fonte: Manual de Ciencias Politicas
Chissano ran for the second time, in 1999, again beating his main opponent Afonso
Dlhakama, one of the founding members of the Mozambican National Resistance,
RENAMO, a movement that claims to have been created in 1977.
8
Figura 5: Afonso Dlhakama
Fonte: Manual de Ciencias Politicas
An analysis of the elections since 1994 shows a significant increase in abstention, which
reached very high levels in 2004 (officially 64%, but in reality around 50%). This
accelerated growth is indicative of a process of citizen disengagement from the political
system, and is therefore a symptom of a crisis in the democratic process.
One of the characteristics of Mozambique's electoral geography is the clear spatial
polarization of the vote between FRELIMO and RENAMO. This spatial structure was
maintained in the 1999 and 2004 elections, with no appreciable changes other than those
resulting from the large increase in abstention. The electoral map shows that abstention
mainly affected areas where RENAMO had a notorious influence. At the same time,
comparing the 1999 and 2004 votes, it can be seen that in 2004 FRELIMO practically
maintained its 1999 electorate, while RENAMO lost around half of its vote.
The importance of electoral legislation
The Mozambican electoral process in general, and the electoral litigation process in
particular, is bound by the principles of legality and typicality. The supremacy of the
Constitution and the primacy of the law is the guarantor of electoral equality, justice and
transfer. Therefore, the electoral law is the basis, the foundation, the criterion and the limit
for the actions of the Political Parties and all those involved in the electoral processes.
It is therefore the Electoral Law that shapes the electoral system, understood as the set of
rules, procedures and practices, with their coherence and internal logic to which the
9
election is subject and which therefore conditions (together with cultural, economic and
political elements) the exercise of the right to vote.
Composition of the National Electoral Commission
As a result of the negotiations, a new composition of the 2014 CNE was approved,
repealing some articles of Law no. 6/2013, of February 22, so the new CNE is made up of
17 members, one President and two Vice-Presidents. According to the same law, the CNE
is made up of 5 members representing FRELIMO; 4 members representing RENAMO; 1
member representing MDM; 7 members from civil society organizations. The changes that
occur in the electoral bodies at each election in no way improve the independent and
impartial performance of the CNE and STAE itself.
Figura : Os 3 principais partidos políticos em Moçambique
Fonte: Manual de Ciencias Politicas
Electoral law in force
Lei n.º 15/2009, de 9 de Abril (estabelece o regime jurídico para a realização das eleições
Presidenciais, Legislativas e das Assembleias Provinciais).
Lei n.º 8-2014, de 12 de Março, altera e república a Lei n.º 5/2013, de 22 de Fevereiro,
Referente as funções, composição, organização, competência e funcionamento da CNE
Lei n.º 9-2014, de 12 de Março, altera e república Lei n.º 6/2013, de 22 de Fevereiro , que
estabelece as funções, composição e funcionamento da Comissão Nacional de Eleições
10
Lei n.º 10-2014, de 23 de Abril, altera e república Lei n.º 7/2013, de 22 de Fevereiro , que
estabelece o quadro jurídico para a eleição do Presidente do CM e dos membros da AM.
Lei n.º 11-2014, de 23 de Abril, Altera e república a Lei n.º 4/2013, de 22 de Fevereiro, que
estabelece o quadro jurídico para a eleição dos membros das Assembleias Provinciais. Lei
n.º 12-2014, de 23 de Abril, altera e república a Lei n.º 8/2013, de 27 de Fevereiro, que
estabelece o quador jurídico para eleição do PR e dos deputados da AR.
Lei n.º 6 e 7-2018, de 03 de Agosto. A Lei n.º 6/2018, altera a Lei n.° 2/97, de 18 de
Fevereiro, que estabelece o quadro jurídico-legal para a implantação das autarquias locais e
a Lei n.º • 7/2018, altera a Lei n.º 7/2013, de 22 de Fevereiro, republicada pela Lei n.º
10/2014, de 23 de Abril, relativa à eleição dos titulares dos Órgãos das Autarquias Locais.
• Lei n.º 2/2019, altera e republica a Lei n.º 8/2013, de 27 de Fevereiro, que estabelece o
quadro jurídico para a eleição do Presidente da República e dos deputados da Assembleia
da República.
• Lei n.º 3/2019, estabelece o quadro jurídico para eleição dos membros da Assembleia
Provincial e do Governo de Província.
• Lei n.º 4/2019, estabelece os princípios, as normas de organização, as competências e o
funcionamento dos órgãos executivos de governação descentralizada provincial.
• Lei n.º 5/2019, estabelece o quadro legal da tutela do Estado a que estão sujeitos os órgãos
de governação descentralizada provincial e das autarquias locais.
• Lei n.º 6/2019, estabelece o quadro legal sobre a organização, composição e o
funcionamento da Assembleia Provincial.
• Lei n.º 7/2019, estabelece o quadro legal sobre a organização e o funcionamento dos
órgãos de representação de Estado na província.
• Lei n.º 14/2018 de 18 de Dezembro, que altera e republica a Lei n.º 7/2018 de 3 de
Agosto, atinente a Eleição dos Titulares dos Órgãos das Autarquias Locais.
11
Challenges
The great advantage of the system adopted in Mozambique was its ability to ensure a
process of pacification and national reconciliation. This was due to a combination of three
main elements. On the one hand, the direct involvement of the United Nations system at
almost every stage of the electoral process - in practice acting as the third party guarantor of
the implementation of the agreements reached - was critical.
On the other hand, the de facto political bipolarism assumed by the two main political
forces in the constitution and functioning of the electoral bodies also contributed to easing
the atmosphere of mistrust and served as a guarantee of a certain degree of political
competition within non-destructive limits of the national reconciliation process.
In Mozambique, the choice of electoral system, made in the context of the Rome Peace
negotiations, by involving the main political forces, represented the political compromise
that was possible. Nevertheless, there are several challenges facing the Mozambican
political system. Basically, we can summarize them in two issues, namely: (i) improving
the mechanisms of representation that ensure responsiveness, on the one hand, and (ii)
building and consolidating citizens' trust in democratic institutions, on the other. This has to
do with the way these institutions operate, but also with the established mechanisms
through which they are constituted.
12
Conclusion
An electoral system is all the more open the higher its level of representativeness. Voters
have to realize that the party system maintains a dynamic capable of keeping up with the
natural evolution of society, its sociology, its elites and its new desires.
Genuine dialogue is needed between all those involved in the electoral process, including
civil society, with the aim of improving the electoral package system and meeting the
expectations of better administration of future elections. It is important that the CNE adopts
a collegial, impartial, transparent and professional way of operating.
Because we understand that the high quality of elections is a central element for the
consolidation of democracies, according to which the institutional capacity and autonomy
of electoral management commissions play an important role in the credibility of electoral
processes and the political stability of countries (Kerr, 2009), this perception does not leave
out, specifically, the role of Mozambican electoral bodies (CNE and STAE) that can bring
stability and democratic consolidation.
13
Blibliography
BOLETIM SOBRE O PROCESSO POLÍTICO EM MOÇAMBIQUE. Eleições
Nacionais2014. In Hanlon & Nuvunga (Eds). Maputo, CIP, 2014;
MANUAL DE CIÊNCIAS POLÍTICAS/PAGINAS( 93,95,96,97 e 98) ;
OBSERVATÓRIO ELEITORAL. Contribuição das Organizações da Sociedade Civil para
o Processo de Revisão da Legislação Eleitoral. Maputo, EISA, 2006.
Internet: https://library.fes.de/pdf-files/bueros/angola/50000.pdf
Legislação
Legislação eleitoral;
Lei eleitoral
