Africa-Press – Mozambique. Mozambican lawyer Benedito Cossa believes that politician Venâncio Mondlane could lose his immunity as a member of the Council of State, at the request of the same body, if accused of crimes punishable by imprisonment or in flagrante delicto.
Immunity “consists of the right or impossibility of being detained or arrested without authorization from the Council of State. Therefore, unless the crime he is accused of is a crime punishable by ‘prisao maior’ and is committed in flagrante delicto. which are, In this case, cumulative requirements,” Benedito Cossa began by explaining to Lusa.
Venâncio Mondlane is accused of five crimes, including incitement to terrorism, which carry a maximum penalty of more than 20 years in prison. In its indictment, the Public Prosecutor’s Office (MP) claims that Mondlane called for a “revolution” in the post-election protests, provoking “panic” and “terror” among the population, blaming him for the deaths and plunging the country into “chaos”.
Lawyer Benedito Cossa stated that, after taking office as a counsellor in that body during the current term, as the second-most-voted-for presidential candidate, for Mondlane to “be tried or for criminal proceedings to continue, authorization from the Council of State is required, much like what applies to deputies [members of parliament]”.
“The law states that if criminal proceedings are initiated and a ruling of indictment or equivalent is issued, the Council will decide whether or not to suspend the member so that the proceedings can proceed. Because if the Council of State does not decide on a suspension, the proceedings will be halted until he{Mondlane] ceases or loses his mandate,” Cossa continued.
Along the same lines, lawyer Ivan Maússe says that the law does not grant “complete” immunity to a member of the Council of State, although it does guarantee that council members cannot be held liable for the opinions or votes they cast in the performance of their duties.
“However, this does not protect them in cases of crimes such as libel, slander, or defamation, which continue to allow for civil or criminal liability. Furthermore, these members are tried by the Supreme Court, meaning they have special jurisdiction,” he noted.
The lawyer points out that Council of State members must take office within 60 days of the election results being announced by the Constitutional Council – the results of the October 9th general elections were announced on December 23rd – which has not happened.
“This deadline has passed, and the President of the Republic has not yet sworn in Mondlane or the other Council of State members appointed by the Assembly of the Republic. This represents an unjustified delay and violates the established legal deadline,” he noted.
The fact that Venâncio Mondlane is facing criminal charges does not prevent him from taking office on the Council of State, which is a “political advisory body to the President”, given that the principle of presumption of innocence prevails, Maússe stated, defending the “urgency” of swearing in these councillors: “To ensure respect for constitutional legality and institutional stability.”
The first meeting with the current composition of the Council of State, for the term that begins this year following the 2024 general elections, has not yet taken place. It was initially scheduled for June 24th and later cancelled.
Mozambique has experienced a climate of social unrest since the October elections, with demonstrations and strikes called by Mondlane, who rejects the election results that gave victory to Daniel Chapo, supported by the ruling Frelimo party.
According to non-governmental organizations monitoring the electoral process, around 400 people died in clashes with the police, with the destruction of public and private property, looting, and violence occurring. These conflicts ended after meetings between Mondlane and Chapo aimed at pacification of the country.
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