Judges claim right to strike when noticing career problems

“We, as the AMJ, have no doubts about the legality of the strike, because judges, although they are holders of a sovereign body, are in a lifelong career, unlike deputies, who are holders of a sovereign body, which is the Assembly of the Republic, with a five-year mandate, unlike ministers who are serving a five-year term and then leave,” explained the AMJ president, Esmeraldo Matavel.

He added that judges are the only holders of sovereign bodies who are in a career, and considering that a career has its vicissitudes, even internationally, when there are problems within the class, the mechanism they resort to for asserting their rights is the strike.

Matavel was responding to statements by the president of the Bar Association in Sofala province, Stela Santos, who said that judges do not have the right to strike because they are holders of a sovereign body.

The announcement of the judges' strike comes at a time when, due to inconsistencies resulting from the implementation of the Single Salary Table (TSU), several other classes of professionals in key sectors intend to go on strike.

For instance, the Mozambican Medical Association (AMM) announced last Friday, July 12, a return to the strike due to the alleged lack of government interest in resolving their concerns, also related to the TSU issue.

The doctors' list of demands includes 23 points that concern the class, some of which are related to salary cuts that some continue to suffer, the payment of overtime, fair placements within the TSU framework, among others.

Also in the health sector, the government is trying to manage an imminent strike by health professionals who are awaiting the accommodation of their list of demands.

These are essential sectors for guaranteeing citizens' rights.

Regarding the judges' demands, the class reiterates that it will not back down from the strike until the Mozambican government brings solutions to their concerns, which include the protection of judges and financial independence.

This stance was also affirmed today by the president of the association, speaking at a press conference aimed at providing details about the strike announced last week.

“This 30-day period will be extended if, by then, there is no total or partial satisfaction of our demands or if there is no openness to dialogue,” reiterated the source.

In the judges' view, it makes no sense that, to date, the government has no solutions for issues related to judges' security, in a situation where it is up to the government to ensure such a right. The class opts for the strike because the government shows no interest in maintaining dialogue, despite several complaints and attempts at interaction with all powers.

“The AMJ from that time did everything to prevent the TSU from advancing in the terms it was presented, as it represented a setback in what were the achievements of the judges' class, within the scope of their remuneration status,” said the source.

He added that, “unfortunately, the TSU advanced and was approved in the terms it is. A salary table that ends up being an affront and weakening of what is the Mozambican judiciary.”

Regarding financial independence, another concern of the judges' class, the class believes that it is time for the Mozambican State to confer true financial independence to the judiciary.

“We understand that the judiciary, whether from the perspective of the Constitutional Council, the administrative jurisdiction, the common jurisdiction, or even from the perspective of the Public Prosecutor's Office, should be independent of the Government.”

However, the AMJ emphasizes that, aware of its responsibilities, the class will ensure the provision of minimum services. “Our strike will be a performance strike, which means that judges will not stay at home or close the courts, but we will drastically reduce our performance.”