Mozambique

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment

    Parties and coalitions may not receive funds from foreign governments and institutions or companies owned by foreign governments. However, the ban does not apply to foreign citizens, friendly political parties and international non- governmental organizations.

  • Source

    "It’s not permitted the financing of a candidate, political party or coalition by a foreign government, governmental organizations or by public institutions or companies."

    (Article 37(3), Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

2. Is there a ban on donations from foreign interests to candidates?
  • CodeYes
  • Comment

    Parties and coalitions may not receive funds from foreign governments and institutions or companies owned by foreign governments. However, the ban does not apply to foreign citizens, friendly political parties and international non- governmental organizations.

  • Source

    "It’s not permitted the financing of a candidate, political party or coalition by a foreign government, governmental organizations or by public institutions or companies."

    (Article 37(3), Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

3. Is there a ban on corporate donations to political parties?
  • CodeYes
  • Comment
  • Source

    "E vedado aos orgaos do Estado, as pessoas colectivas de direito publico e as pessoas colectivas de direito privado et utilidade publica financiar ou subsidiar os partidos politicos, com excepcao das verbas inscritas no Orçamento Geral do Estado para esse efeito."

    (Article 19(4), Law on Political Parties n° 7/91, 23 January 1991).

4. Is there a ban on corporate donations to candidates?
  • CodeYes
  • Comment
  • Source

    "The electoral campaign is financed by:
    a) Contributions made by the citizens and the political parties or coalitions of parties.
    b) Voluntary contributions from national or foreign citizens.
    c) Products resulted from the electoral campaign.
    d) Contributions from national or foreign friendly party’s.
    e) Contributions from national or international non governmental organizations."

    (Article 37(1), Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment
  • Source
6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment
  • Source
7. Is there a ban on anonymous donations to political parties?
  • CodeNo
  • Comment
  • Source
8. Is there a ban on anonymous donations to candidates?
  • CodeNo
  • Comment
  • Source
9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment
  • Source
10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment
  • Source
11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeNo
  • Comment
  • Source
12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeNo
  • Comment
  • Source
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment
  • Source

    "It is extremely forbidden the usage of public property, local municipalities, autonomous institutes, public companies or public and private joint stock companies in which the government is the major shareholder by the candidates, political party’s or coalitions.

    Except for the disposed in the previous number, the public property referred in the article 26 and 33 of the present law."

    (Arricle 42, Electoral Law, no 12/2014 of 23 April 2014, amending Law no 8/2013 of 27 February 2013).

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeNo
  • Comment
  • Source
15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeNo
  • Comment
  • Source
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeNo
  • Comment
  • Source
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment
  • Source
21. Is there a limit on in-kind donations to political parties?
  • CodeNo
  • Comment
  • Source
22. Is there a limit on in-kind donations to candidates?
  • CodeNo
  • Comment
  • Source
23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo data
  • Comment
  • Source
24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo data
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeNo
  • Comment
  • Source

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, both regularly provided funding and in relation to campaigns
  • Comment
  • Source

    "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).

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body | Share of seats in previous election | Number of candidates | Participation in election
  • Comment
  • Source

    "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).

30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to seats received | Proportional to candidates fielded
  • Comment
  • Source

    "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).

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeOngoing party activities
  • Comment
  • Source

    "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). 

32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment
  • Source

    "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).

     

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeOther
  • Comment

    The National Commission of Elections sets the criteria.

  • Source

    "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).

34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment
  • Source

    "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).

35. Are there provisions for any other form of indirect public funding?
  • CodePremises for campaign meetings
  • Comment
  • Source

    "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).

36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeNo
  • Comment
  • Source
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeNo
  • Comment
  • Source

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment
  • Source

    "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).

39. Are there limits on the amount a political party can spend?
  • CodeNo
  • Comment
  • Source
40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeNo
  • Comment
  • Source
42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment
  • Source
43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeNo
  • Comment
  • Source
44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment
  • Source

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment
  • Source

    "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).

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    "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).

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment
  • Source

    "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).

50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment
  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment
  • Source

    "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).

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment

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

  • Source

    "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).

53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeNo
  • Comment
  • Source
54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeNo
  • Comment
  • Source
55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB | Court
  • Comment

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

  • Source

    "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).

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, EMB
  • Comment
  • Source

    "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).

     

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeRefer for investigation | Request additional information from potential violator
  • Comment
  • Source

    "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).

58. What sanctions are provided for political finance infractions?
  • CodeFines | Prison | Loss of nomination of candidate
  • Comment
  • Source

    "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).

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