O SISTEMA DE GOVERNO DAS ENTIDADES DESCENTRALIZADAS E AS MEDIDAS TUTELARES SANCIONATÓRIAS NA ORDEM JURÍDICA MOÇAMBICANA

Abstract

The constitution of the Republic of Mozambique (CRM), states that the decentralization consist of the existence of the Provincial, district and local Municipalities. Within those Municipalities is found a check and balance of powers between the executive and the local parliament. The powers of the municipalities are also controlled by the central government and by the President of the Republic who have powers for to fire the elected leaders of the decentralized municipalities, including the dissolution of the local parliament. Indeed, the Governor of the Province can be fired by the Province parliament and by the President of the Republic after the President consulting the Council of the State. Likely, the Administrator of the district can be fired by the district parliament and by the President of the Republic after the President consulting the Council of the State. This logic of check and balance of powers occurs too in the city municipalities, where the President of the city municipality can be fired by the city municipality parliament and by the central government, represented by the council of Ministers. In this context, the present study will analyze the system of government which fits better in the current Mozambican political and constitutional experience of decentralized government and determine which option Mozambique took between punishing the elected leaders of the decentralized government including the dissolution of the province, district and city municipality parliaments through the central government decisions or through the court. The subject of this study is seldom studied, but it is of the actual interest, given that the Constitution of the Republic of Mozambique has been recently revised in 2018 for to include some quests of the decentralization. This study and the data collection was made possible by the use of certain methods and research techniques, such as qualitative approach, descriptive, bibliographic, comparative, hermeneutic, historic and deductive methods, including the document analysis. In response of the key questions of the study, it was found that, in one hand, the provincial, district and the city municipalities adopted a system of decentralized government which approach to the semi-presidencial system of government, due to the occurrence of two legal and constitutional elements, such as (i) the direct election of chief of the decentralized government and (ii) the responsibility of the decentralized government before the local parliament, which has powers to fire the governor of the province, the administrator of the district or the President of the city municipality according the type of the decentralized Municipality. On another hand the study found that the Mozambican law maker, expressively, chose a relative application through the constitutional court of the sanctions against the Governor of the Province, the administrator of the District and the President of the city Municipality. Indeed, the article 272 n° 4 and 5; article 273 n°1 and 2 both of the current CRM states that the law act made by the President of the Republic, firing the Provincial Governor or the administrator of the district, is subject to be analyzed and finally decided by the constitutional council. Likewise, the law act made by the Council of Ministers firing the President of city Municipality or dissolving the Province, district and city municipality parliaments is subject to be analyzed and finally be decided by the constitutional council which act as a constitutional court. Therefore, the constitutional council has the last word to decide on the application of firing measures against the leaders of the decentralized government or on the application of dissolution measures against the local parliaments.