OOPPOSITION ACCUSES GRM OF ELECTIONS MALFEASANCE

C O N F I D E N T I A L SECTION 01 OF 02 MAPUTO 001076

NOFORN
SIPDIS

E.O. 12958: DECL: 10/01/2019
TAGS: PREL PGOV MZ
SUBJECT: OOPPOSITION ACCUSES GRM OF ELECTIONS MALFEASANCE

REF: A. MAPUTO 1066

B. EMBASSY-DESK EMAIL 10/01/09

Classified By: Charge d'Affaires Matthew Roth for reasons 1.4 (b and d)


1. (C/NF) SUMMARY: In a September 30 press conference,
representatives of opposition party Democratic Movement of
Mozambique (MDM) presented compelling arguments in support of
their accusation that the GRM was actively malfeasant in
denying the party's efforts to participate in legislative
elections. MDM leader Daviz Simango characterized the GRM's
latest moves as totalitarian, and cautioned the international
donor community that continued support to the GRM could be
perceived as supporting an undemocratic regime. Civil
society efforts to support opposition parties' appeals to the
Constitutional Council (CC) with strong legal arguments have
been ignored. In private, National Electoral Commission
(CNE) leader Leopoldo da Costa has admitted that CNE's
decisions may have been incorrect, but accused international
donors of meddling in domestic affairs. MDM has limited
legal recourse at this point, but is determined to continue
campaigning for the elections. END SUMMARY.

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MDM CLAIMS GRM MALFEASANCE
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2. (C) In a September 30 press conference, representatives
of opposition party Democratic Movement of Mozambique (MDM)
responded to the Constitutional Council's (CC) denial of the
party's appeal to allow their candidates to compete in many
legislative elections (Ref A). Opening the conference, MDM
spokesperson Jose Manuel de Sousa claimed that the National
Elections Commission (CNE),which had denied MDM candidates
in the first instance, purposely neglected to provide
evidence key to MDM's appeal to the CC. De Sousa then gave
an in-depth review of all the documentation that had been
given to CNE--and should have then been passed on to the
CC--going as far to show that all the documents had been
stamped and signed by CNE, proving that they had been
received by that body. De Sousa said the CNE, by providing
incomplete information to the CC, ensured that the CC's
decision would be in its favor. De Sousa noted that under
Mozambican law, this amounted to criminal malfeasance, and in
effect, tampering with the elections.

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SIMANGO CRITICIZES GRM AND FRELIMO, CAUTIONS DONORS
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3. (C) Following the presentation, MDM President Daviz
Simango addressed the audience, saying that CNE's electoral
malfeasance was "killing democracy in Mozambique." Simango
explained that the political situation was one in which the
rights of the people were minimally represented in favor of
providing maximum authority to a powerful minority. Simango
said that FRELIMO relies on "repression and single party
rule, imposing its will to preserve its economic dominance,
just like a totalitarian or fascist state." Simango warned
that the CNE decision is proof that FRELIMO is shaping the
electoral decisions of the voters prior to the election, and
cautioned the international community, noting that continued
donor assistance lent credibility to an undemocratic
government.

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CIVIL SOCIETY WEIGHS IN...BUT IS IGNORED
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4. (C) At the conference, chair of the Human Rights League
(LDH) Dr. Alice Mabota referred to the CNE's actions as
"criminal." Sheikh Abdul Carimo, spokesperson for the
domestic observer group Elections Observatory (OE),also
shared with POLOFF the same day a non-binding legal brief
(ref B) that OE sent to the CC, which recommended that the CC
sustain opposition party appeals and gave extensive legal
reasoning as to why the CNE's initial decisions were wrong.
Carimo expressed disappointment and surprise that the CC had
rejected the brief out of hand, and indicated that it was
worrisome that GRM entities appeared to be treating political
parties unequally.

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IN PRIVATE, CNE ADMITS IT WENT TOO FAR
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5. (C/NF) On September 28, Graca Machel (widow of
independence and FRELIMO leader Samora Machel and current

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wife of South African ex-president Nelson Mandela) held a
private meeting of key FRELIMO intellectuals with CNE
President Leopoldo Da Costa. Frelimo jurist Abdul Carimo
told Emboff afterwards that he confronted da Costa in the
meeting, asking da Costa directly if he believed that his
interpretation of the elections law was really the best route
forward for the country's development. Da Costa refused to
answer until Carimo insisted again, at which point da Costa
allegedly admitted that in truth, the elections law should
not have been interpreted so strictly. Even so, Carimo said
that da Costa viscerally criticized the 'meddling' of the
international community in the elections process, called on
FRELIMO members to unite as 'patriots' against foreigners,
and said, "now I want to see what the donors will do" in
light of the CC decision.

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COMMENT: MDM--LIMITED OPTIONS, BUT DETERMINED TO CAMPAIGN
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6. (C) MDM has very limited legal options for the
legislative elections at this point, since the CC's decision
cannot be appealed. The party has stated publicly that it
intends to call for the GRM's Attorney General to open a
criminal case for malfeasance against the CNE, but the GRM's
track record on cases of this nature suggests that this is
highly unlikely to bear fruit. MDM officials have told
poloffs that they will also call on the African Union and
SADC to make statements, but recognize that with other more
pressing situations in the region, this effort would also
likely be unsuccessful. Nonetheless, MDM's Simango has
declared that he is determined to continue campaigning, and
has called on the electorate to declare their dissatisfaction
with the ruling party by voting for him in the presidential
race, saying repeatedly "the vote is still secret, we can
make a difference in this election."
ROTH