Mozambique

"The State Budget must foresee a budget for the financing of the electoral campaign. The funds are to be paid three weeks before the start of the electoral campaign."

(Article 37(2), Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"O financiamento dos partidos politicos far-se-a por (...) verbas inscritas no Orçamento Geral do Estado."

(Article 17(c), Law on Political Parties n°7/91, 23 January 1991).

"It is the responsibility of the National Commission of Elections to approve the distribution of the funds from the public financing for the presidential and legislatives elections, having for the second case in mind the parliamentary representation and the balance of the candidates subscripted for the elections in accordance with the seats to be filled."

(Article 38, Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"The electoral law of Mozambique (Law 6/2013, 35.2.) provides for the funding of political parties by the State. According to the law the criteria for the distribution of public party funding is to be determined by the CNE (Law 6/2013, 36). It supplies broad guidelines for the CNE as far as legislative elections are concerned, requiring that the CNE take into account the representation of parties in parliament and the number of candidates fielded in relation to the seats at stake.

Accordingly, the CNE has established the formula of allocating one third of the funding to presidential candidates, one third to political parties represented in parliament in proportion to the seats held by each party and the final third to parties fielding candidates for parliament based on the proportion of candidates fielded (EISA 2004, 12)."

(EISA Africa, Democracy Encyclopaedia Project, Mozambique: Party funding, updated July 2009 available at: https://www.eisa.org.za/wep/mozparties4.htm). 

"As verbas do Orçamento Geral do Estado referidas na alinea c) do artigo 17 sao atribuidas aos partidos politicos proporcionalmente ao numero de deputados eleitos para a Assembleia da Republica."

(Article 20(1), Law on Political Parties n° 7/91, 23 January 1991).

"The electoral law of Mozambique (Law 6/2013, 35.2.) provides for the funding of political parties by the State. According to the law the criteria for the distribution of public party funding is to be determined by the CNE (Law 6/2013, 36). It supplies broad guidelines for the CNE as far as legislative elections are concerned, requiring that the CNE take into account the representation of parties in parliament and the number of candidates fielded in relation to the seats at stake.

Accordingly, the CNE has established the formula of allocating one third of the funding to presidential candidates, one third to political parties represented in parliament in proportion to the seats held by each party and the final third to parties fielding candidates for parliament based on the proportion of candidates fielded (EISA 2004, 12)."

(EISA Africa, Democracy Encyclopaedia Project, Mozambique: Party funding, updated July 2009).

"Public support to parties includes regular direct resource allocation and indirect support. Direct annual financial support allows parties to engage in ongoing party-building activities."

(EISA Africa, Democracy Encyclopaedia Project, Mozambique: Party funding, updated July 2009 available at: https://www.eisa.org.za/wep/mozparties4.htm). 

"The presidential candidates, political parties, coalitions and other electing citizens groups competing in the elections, have the right to use public broadcasting services and public television during the electoral campaign period in accordance with the terms defined by the regulations of the national Commission of Elections."

(Article 31, Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

The National Commission of Elections sets the criteria.

"The presidential candidates, political parties, coalitions and other electing citizens groups competing in the elections, have the right to use public broadcasting services and public television during the electoral campaign period in accordance with the terms defined by the regulations of the national Commission of Elections."

(Article 31, Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"The Electoral Law and, in more detail, the CNE regulation on free airtime, allocate the free airtime: fifteen minutes per week, with a maximum of three broadcastings, in TVM; five minutes daily and five minutes three days a week, respectively, in the national and provincial RM stations. The law establishes an extra five minutes for each presidential candidate in the last day of the electoral campaign."

(EU(2014) Mozambique, General Elections, 15 October 2014. EU Election Observation Mission Report).

"The presidential candidates, political parties, coalitions and other electing citizens groups competing in the elections, have the right to use public broadcasting services and public television during the electoral campaign period in accordance with the terms defined by the regulations of the national Commission of Elections."

(Article 31, Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"Venues and public property utilization for electoral purposes must be equally shared among the different candidates under the regulations to be made by the National Commission of Elections, without prejudicing the internal regulations of this institution."

(Article 28(1), Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"Anyone who persuades voters to vote or note to a determined party or by promising to offer a public or private employment or other things canvassing to one or more voters, by agreement with a third party, even if the promised assets are dissimulated to a tax indemnification given to the voter for travel expenses, renting or food and drinking bills or with the promise of electoral campaign expenses bribe, will be punished with a penalty up to one year imprisonment of and six to twelve minimum salaries fee."

(Article 227, Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"As receitas e despesas dos partidos politicos deverao ser discriminadas em relatorios annuais que indicarao, entre outros, a proveniencia das receitas e a aplicacao das despesas"

(Article 19(1), Law on Political Parties n° 7/91, 23 January 1991).

"The candidatures must record all the revenue and expenses made during the electoral campaign and inform the National Commission of Elections within a period of sixty days after the official announcements of the elections results."

(Article 39(1),  Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"The candidatures must record all the revenue and expenses made during the electoral campaign and inform the National Commission of Elections within a period of sixty days after the official announcements of the elections results."

(Article 39(1),  Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"The National Commission of Elections proceeds with the appreciation of the submitted accounts of the revenues and expenses within a period of sixty days, having to publish the conclusions taken in one of the most famous newspaper and in the government gazette."

(Article 41(1), Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"As contas dos partidos referidas no N° 1 devem ser publicadas no Boletim da Republica e num dos jornais de major divulgacao."

(Article 19(3), Law on Political Parties n° 7/91, 23 January 1991).

Yes, as far as political party annual reports are concerned. 

"As doaçoes et legados devem ser objecto duma declaraçao ao orgao estatal competente para o registo dos partidos, mencionando os seus autores, a natureza e o valor dos mesmos."

(Article 18, Law on Political Parties n° 7/91, 23 January 1991).

EMB as regards campaign finance and Court with regard to political party financing.

"The candidatures must record all the revenue and expenses made during the electoral campaign and inform the National Commission of Elections within a period of sixty days after the official announcements of the elections results."

(Article 39(1),  Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"The law on political parties does not specify who is responsible for the annual supervision of political parties. It simply states that the rules for rendering accounts in relation to the amounts allocated in the state budget are the same as those applying to public administration. Since the Administrative Court (TA) has a core role in analysing the general state account, it therefore carries the responsibility to analyse the spending of public funds disbursed to political parties from the
state budget."

(NURU Promoting transparency in Political Finance in Southern Africa, Comparative analysis and findings from Mozambique, Namibia, South Africa, Zambia and Zimbabwe, p. 21).

"In case of verifying any irregularities in the accounts, the National Commission of Elections will notify the party, coalition or candidate to proceed with the rectification of the accounting process within a period of fifteen days.

If the competitive entities do not submit their accounts within the period established in the number 1 of the Article 37 of the present law, or if do not proceed with the presentation of the new accounts in terms of the number 2 of the present article or if its concluded that there was an infraction to the disposed in the article 37 of the present law, the National Commission of Elections will communicate to the Public Persecution Service to apply the procedures under the accordance of the Law."

(Article 41(2&3), Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"In case of verifying any irregularities in the accounts, the National Commission of Elections will notify the party, coalition or candidate to proceed with the rectification of the accounting process within a period of fifteen days.

If the competitive entities do not submit their accounts within the period established in the number 1 of the Article 37 of the present law, or if do not proceed with the presentation of the new accounts in terms of the number 2 of the present article or if its concluded that there was an infraction to the disposed in the article 37 of the present law, the National Commission of Elections will communicate to the Public Persecution Service to apply the procedures under the accordance of the Law."

(Article 41(2&3), Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"All those who infringes the exposed in article 42 of the present Law, will be punished by a penalty of maximum one year in prison or twenty five to fifty minimal national salaries fees and will not be allowed to compete in the elections."

(Article 208, Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"Anyone who persuades voters to vote or note to a determined party or by promising to offer a public or private employment or other things canvassing to one or more voters, by agreement with a third party, even if the promised assets are dissimulated to a tax indemnification given to the voter for travel expenses, renting or food and drinking bills or with the promise of electoral campaign expenses bribe, will be punished with a penalty up to one year imprisonment of and six to twelve minimum salaries fee."

"All those who infringe the disposed in the article 39 will be punished by a penalty of twenty five to fifty minimal national salaries fees."

(Article 217, lectoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

"All those who infringes the exposed in the nr. 1, article 41 of the present Law, will be punished by a penalty of twenty five to fifty minimal national salaries fees and will not be allowed to compete in the elections."

(Article 218(1), lectoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

(Article 227, Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).