Peru: National Elections Jury approves a vacancy appeal against the mayor of Lima, who describes it as an "absolutely disproportionate" measure

(Photo credit should read CRIS BOURONCLE/AFP via Getty Images)

(CNN Spanish) --

The National Elections Jury, JNE, in a decision that it briefly disseminated on its website, declared founded an appeal that requested the vacancy of the mayor of Lima, Jorge Muñoz, for having joined the directory of the state water and sewage company.

Muñoz anticipated that he will appeal the decision made by the JNE, which he described as "absolutely disproportionate."

He also stated that his participation in the directory of the Lima Drinking Water and Sewerage Service Company (Sedapal) did not distract from his municipal work, but rather allowed him to solve problems in the institution and help those who suffered the effects of the flooding that occurred in Lima. in 2019.

According to jurists such as the expert in electoral law José Naupari, after the resolution known this Wednesday, once he is notified, Muñoz should leave the mayor's office, a position he assumed in January 2019 and for which he has a mandate until the end of this year. .

Although he cannot appeal the JNE's decision in the field of electoral justice, Muñoz could do so in the constitutional field, Naupari said.

What is the JNE's decision to remove Muñoz from the Lima mayor's office based on?

In January 2019, a flood flooded several houses in the district of San Juan de Lurigancho in Lima after the collapse of a Sedapal pipeline.

Muñoz joined the company's board in March 2019 and resigned in May of the same year.

Lawyer Naupari explained to CNN that Peruvian law prevents an authority elected at the polls from serving as director of a public company: "The cause of vacancy is found in the Organic Law of Municipalities, which in turn refers us to the Law municipal elections," he said.

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The JNE has not yet made public the full text of its relationship and its foundations.

But Naupari said that "one can access the complete file of the vacancy procedure on the web, any citizen can do it."

According to the electoral expert, Muñoz would have to leave office when the JNE resolution is notified to him.

Muñoz said that he will take legal action, but according to Naupari there is no challenge before the electoral justice because "in principle the resolution will have to be executed, that is, the man will have to leave office."

Once the mayor is notified and leaves the mayor's office, it would be up to the deputy mayor, Miguel Romero Sotelo, to assume the leadership of Lima.

According to the electoral schedule, in October new local authorities will be elected throughout Peru.

The appeal against Muñoz was presented by the citizen Carlos Hinostroza, who in statements to RPP said that "the residents of South Lima are angry" because "he has not done any important work in that area."

Hinostroza agreed to be a candidate for mayor of one of the districts of Lima for the Green Democratic Party for the elections that will take place this year and said that when he presented the appeal against Muñoz he was not a candidate.

Munoz vs.

the JNE

At a press conference this Wednesday, Mayor Muñoz stated that “no one can be sanctioned for helping, for doing something for citizens who have a problem, that is the sanction that they are imposing on me unfairly and disproportionately.

This corrupt jury has done it.”

In response to the mayor's accusation of corruption, on Wednesday night the JNE expressed in a statement that it posted on Twitter that its plenary "rejects and deplores the statements made by Mr. Jorge Muñoz, who without any support in his statements slightly muddies to our institution for a decision that conforms to the law.”

In that same statement, the JNE provided some details of the process followed by the body when deciding on the Muñoz case, explaining that its foundations are found in the resolution that "after being signed, will be published and notified as soon as possible."

The JNE pointed out that the vacancy processes "are not ex officio" but are seen by the full Jury if they are promoted by a citizen or by a member of the municipal council, and after this body could adopt a decision.

"This request for vacancy, filed by a citizen, was based on the violation of a provision contained in the Municipal Elections Law and provided for as a cause for vacancy in the Organic Law of Municipalities," the statement said.

The JNE also states that it acted in accordance with the Constitution and the current electoral law and that "at no time is it stated that Mr. (Muñoz) is corrupt or criminal," and that "this is an addition" made by the mayor "without having relation to the case reviewed.

In his press conference, Muñoz said “the vacancy is a sanction, everything has to be duly evaluated in a context, it is not a mathematical issue, one plus one is two, you have to see the emergency situation, the double cap that the metropolitan mayor.

The mayor assured that "no conflict of interest was generated, neither the municipality nor myself took advantage of that position, that would be the reason for a vacancy."

He also said that he had participated in four board meetings, and that the payments he received for that function were returned two years ago.

According to the mayor of Lima, the JNE has acted "politically" and "who has motivated them, what are the things that have been discussed within, that must be investigated, here, gentlemen of the press, there are hidden interests."

Muñoz recalled that he was the first authority that asked the president of Peru, Pedro Castillo, to withdraw: "I end up being very uncomfortable for the Executive and obviously the Executive uses a long arm in this case, which is the JNE, I think there are manipulation and corruption.