Mozambique's Attorney General's Office Denies Renamo's Request to Annul Constitutional Council's Ruling

The Attorney General's Office of Mozambique (PGR) has rejected the request of Renamo, the main opposition party, to suspend and annul the ruling n.° 48/CC/2023 of 23 November, issued in case n.°61/CC/2023 by the Constitutional Council (CC). This ruling validates and proclaims the results of the voting that took place on 11 October.

At the time of submitting the extraordinary appeal to the PGR, Venâncio Mondlane, Renamo's lead candidate in Maputo city, stated that the appeal was based on identifying eleven "flaws" committed by the CC. 

Among the flaws pointed out by Renamo were the usurpation of legislative and administrative powers and the lack of justification in the council's ruling. Renamo even argued that "there is sufficient matter to consider the ruling of the Constitutional Council as manifestly unjust, and thereby, the Public Ministry has the power to request the annulment or suspension of this ruling."

However, the PGR's refusal is based on the grounds of legal insufficiency in the request for its intervention in the appeal submitted by Renamo.

The PGR explains that the decisions of the Constitutional Council are not subject to appeal through this means, contrary to what occurs in common jurisprudence. The PGR further adds that the Organic Law of the CC does not support the possibility of challenging the decisions of this body through the aforementioned appeal.

TORRE