The Mozambican Bar Association’s chairman, Carlos Martins, is calling for constitutional reforms to depoliticize the appointment of judges to the Constitutional Council. He emphasizes the need for broader participation from various entities to restore public trust in the judiciary amid increasing social unrest and violence during protests.
Carlos Martins, the chairman of the Mozambican Bar Association (OAM), has urged for a prompt and open discussion regarding constitutional review processes, particularly concerning the appointment of advisory judges to the Constitutional Council (CC). During the 2025 judicial year opening in Maputo, he stressed that more entities should be involved in this process.
Currently, the Assembly of the Republic appoints five out of seven judges to the CC based on proportional representation; the President of the Republic and the Superior Council of the Judiciary appoint one each. Martins proposed that additional entities, including the OAM, the Superior Council of Administrative Magistracy, and civil society, should have a role in these appointments to enhance impartiality.
Martins contended that reducing political influence in the CC by involving a broader spectrum in judicial appointments would help restore public confidence in judicial integrity. He believes that diminishing Assembly control over these appointments could create a more independent judicial system, thereby addressing concerns of political bias.
Furthermore, he highlighted the need to eliminate the President’s power to appoint members to higher judicial councils, arguing that such positions should not be politicized. His proposals aim to safeguard judicial management, evaluation, and discipline against political interference.
On the topic of state reforms, Martins advocated for establishing intermediate regional appeals courts to improve case processing speeds. This action is crucial to prevent delays in justice, especially as the Administrative Tribunal transitions to the Supreme Administrative Court.
Carlos Martins also called for comprehensive consensus to resolve ongoing post-election crises in Mozambique. Abandoning partisan political methods in favor of inclusive solutions involving civil society is essential for long-term stability.
Lastly, he condemned the violence surrounding recent protests in Mozambique, emphasizing that judicial reforms must protect human rights and ensure judicial independence. He criticized the government’s approach to handling protests, stating that the military response overshadowed civil governance responsibility. Since October 21, ongoing social unrest has tragically resulted in over 315 deaths and numerous injuries amidst clashes between demonstrators and police.
The article discusses the Mozambican Bar Association’s concerns about the political influences in the appointment of judges to the Constitutional Council (CC). The chairman, Carlos Martins, highlights the need for constitutional reforms to involve broader entities, reducing political bias in the judiciary. The discussion also touches on recent social unrest and its connection to judicial independence and human rights protection in Mozambique.
The conversation around the Constitutional Council’s appointment processes highlights significant concerns regarding judicial independence in Mozambique. Carlos Martins’s advocacy for a more inclusive and less politically influenced system aims to rebuild public trust in judicial integrity. Amidst recent social unrest, these reforms are critical for ensuring human rights and the effective functioning of the judiciary.
Original Source: clubofmozambique.com
