Africa-Press – Mozambique. The Anamola party, led by Mozambican politician Venâncio Mondlane, on Tuesday submitted a request to the Constitutional Council (CC) to declare unconstitutional a decree that allows telecommunications to be blocked, arguing that the instrument jeopardises the democratic rule of law.
The matter concerns Decree 48/2025, dated 16 December, which amends the regulations of the telecommunications law. According to Venâncio Mondlane, it contains “various illegalities and unconstitutionality,” prompting the party to present, yesterday afternoon at the CC in Maputo, a petition with more than 3,000 signatures.
The decree delegated powers to the National Communications Institute of Mozambique (INCM) to block telecommunications in the event of an “imminent risk to public or state security.”
For the politician, who submitted the petition to the CC, the alleged illegalities chiefly relate to the usurpation of powers belonging to the Assembly of the Republic, the Public Prosecutor’s Office, and the telecommunications law itself by the Mozambican Government.
“One of the points we raised, which has been widely discussed, is the issue of internet suspension. This decree grants the INCM or the Government the capacity to suspend the internet for 48 hours before submitting to a judge. Therefore, this is a serious usurpation of powers and a violation of the principle of separation of powers,” Mondlane reiterated.
For Anamola’s acting president, among the clauses in this decree that contravene the Constitution is one that allows administrative access to citizens’ private data without prior judicial authorisation, which, among other irregularities, represents a “violation of the Constitution of the Republic,” as well as another clause authorising checks on citizens’ private data without consent.
“It has two interesting concepts. One is called Code Detail Record, or CDR, and the other is Internet Protocol Detail Record. In simple terms, these two concepts allow the Government to carry out massive and generalised monitoring of citizens’ data, which is entirely contrary to the law, because any monitoring that must be done should be targeted and authorised by a judge,” Mondlane added.
According to the politician, the decree is not only unconstitutional but also illegal, endangering the foundations of a genuine democratic rule of law.
“This law is yet another addition to what is an attack on the pillars, the foundations, or the very base of a democratic rule of law. That is why we considered it necessary to raise this matter, because we must safeguard the rights already acquired and protect those fundamental rights enshrined in the Constitution itself,” he noted.
On Thursday, the Mozambican ombudsman also submitted to the CC a request challenging the constitutionality of the decree that allows the blocking of telecommunications in cases of “imminent risk to public security,” accusing the Government of usurping parliamentary functions.
Telecommunications decree “massacres” Mozambique’s constitution, says NGO
On 11 February, the Mozambican Minister of Communications and Digital Transformation said he was “very proud” of the decree, which allows telecommunications to be blocked, arguing that it protects individual freedoms despite social criticism.
Previously, the Women’s Observatory, which brings together 18 associations, accused the Government of Mozambique of “trampling the Constitution” and usurping judicial powers by approving the decree, stating that it intended to request its unconstitutionality.
Source: Lusa
