UPDATE: Republic of Mozambique – Legal System and Research
By Orquídea Massarongo-Jona and Isaura Ernesto Muhosse
Orquídea Massarongo-Jona is a practicing lawyer (business, oil and gas, and labour law) and a Senior Researcher at the Center for Human Rights (CDH). She is responsible for the Implementation of the Local Human Rights Master’s Program. Currently, she is completing a Ph.D. at Ghent University in Belgium. She graduated from Universidade Eduardo Mondlane (2002) and obtained an LL.M at University of Stellenbosch, Cape Town in South Africa where she was awarded a master’s degree in International Trade Law (2003). Her areas of research interest include international trade law (WTO); human rights law, in particular the African System; and health ethics and trade law related to human rights (business and human rights), with particular interest on issues relating to women and vulnerable populations. Currently, she is pursuing research in oil and gas law. She has been a Facilitator at Post Graduate Program on Human Rights at Human Rights Center (IGC) at the University of Coimbra, on the African Human Rights System, since 2016.
Mrs. Massarongo-Jona is also a lawyer and the current Vice-President of the Mozambican Bar Association 2020-2023, a member of the Council of Directors of the Regional Master’s Programme in Human Rights and Democratization in Africa (HRDA) in partnership with other 10 African Universities Coordinated by University of Pretoria. In 2021, she became a Board Member of IHRDA and is a member of National Research Ethics Committee since 2005 and member of the Lusophone Association for the Right to Health (ALDIS) based in Coimbra (Portugal).
Isaura Ernesto Muhosse is a research assistant who holds a degree in law from the Eduardo Mondlane University (Faculty of Law) and a degree in Planning, Administration and School Management from the Pedagogical University (Maputo). She has been a staff member at the Eduardo Mondlane University Faculty of Law since 2001 and worked as an assistant academic register until 2013. She participated as an assistant researcher in the preparation of a paper on "Media Rights" in Mozambique in 2018/19; the compilation of the Human Rights instruments in 2020; and the draft law on Safeguards Measures in Mozambique in 2020.
Published in November/December 2022
Table of Contents
- 1. Recent History of Mozambique
- 2. Country Profile
- 3. Political System
- 4. Sources of Law
- 4.1. Primary Sources
- 4.2. Secondary Sources
- 5. Legal Education
- 6. Legal Profession
- 7. Other Resources for Legal Research
1. Recent History of Mozambique
Independent Mozambique inherited a colonial economic structure characterized by an asymmetry between the north and the south of the country and between the countryside and the city. The South was more developed than the North, and the city was more developed than the countryside. The absence of economic integration and the extreme oppression of labour were the most dominant characteristics of this asymmetry.
The development strategy formulated to reverse this asymmetry was based on a centrally planned socialist economy. However, unfavourable regional and international circumstances, natural disasters and a 16-year internal military conflict made the strategy unviable. External indebtedness (about$5.5 billion USD in 1995) forced the country to radically change to a market development strategy, affiliating itself to the Bretton Woods Institutions and the consequent adoption of a Structural Adjustment program, starting in 1987.
Since then, the country has been experiencing remarkable economic growth. The Gross Domestic Product (GDP) has been growing at an average of over 7-8% per year, even reaching double digit levels. Inflation is below 10% until 2015. The trend is to keep it in single digits. In monetary terms, Mozambique has one of the most liberalized exchange rate regimes in Africa. External trading partners have enough reasons to inspire great confidence for the country in the ability of the monetary authorities to maintain adequate volumes of means of payment abroad. The Central Bank's foreign reserves have been above six months of imports of goods and services, at least until 2015. The State, through the execution of its fiscal policy, regulates and stimulates the most important socio-economic areas and creates a good business environment that is very favourable to the development of private initiative.
The legal reforms in the scope of financial, fiscal, labour, commercial and land legislation carried out by the government contribute significantly to strengthen this good environment, with the respective attraction of national and foreign private investment. The country's economic potential for attracting investments in agro-industry, agriculture, tourism, fishing, and mining is enormous. Projects such as Mozal, the Cahora Bassa dam, rail-port corridors, and tourist complexes throughout the country have contributed significantly to putting Mozambique on the route of major regional and international investment, information available in: Despite the country's remarkable economic growth, many Mozambicans continue to live below the poverty line. Combating absolute poverty is therefore one of the Government's main priorities.
The 1992 Rome Peace Agreements, which put an end to the 16-year civil war between the ruling party, the Liberation Front of Mozambique (FRELIMO), and the Mozambican National Resistance (RENAMO), contributed greatly to the country's economic progress. The peace accords were preceded by the 1990 Constitution, which introduced the rule of law and a democratic multi-party system, which did not exist in the country's 1975 Constitution, promulgated under the influence of Marxist-Leninist ideology.
The 1990 Constitution and the Rome Peace Accords paved the way for the first democratic elections in 1994, supervised by the United Nations Security Council, in which Joaquim Chissano - president of FRELIMO at the time - was elected President of the Republic of Mozambique for a 5-year term in accordance with the constitution of the Republic of Mozambique and was re-elected in 1999. Since then, the democratic process continued its course and in 2005 the third multi-party presidential elections were held in which Armando Emílio Guebuza - also of FRELIMO, was elected President of the Republic and re-elected in 2009.
The 2009 electoral process was marked by the emergence of a third party called the Democratic Movement of Mozambique (MDM) composed mostly of former Renamo members and led by Daviz Simango, after he was expelled from Renamo in 2008. Daviz Simango led MDM, also considered a movement for youth, until the date of his death on 22 February 2021. Since the 2009 elections the Mozambican Parliament (Parliament) has had three political forces, namely FRELIMO, RENAMO and MDM.
In the elections, Mozambicans elect not only the President of the Republic, but also the members of the Assembly of the Republic and the members of the Provincial Assemblies. The 2004 Constitution - drafted, approved, promulgated, and published during President Chissano's term in office - came into force the day after the results of the 2004 general elections were validated and proclaimed.
In 2010, an ad hoc commission was created to revise the constitution, which would focus on the following aspects: strengthening the guarantee of citizens' access to the courts and justice, the culture of work and entrepreneurship, expanding the powers of the Council of State, and establishing October as the month for both general and local elections. It was envisaged that the mother law would also include deputy ministers in the composition of the Government, the enshrining of local governments in the Constitution and the strengthening of the Ombudsman's intervention. However, there were differences of opinion on the relevance of constitutional revision at that time, considering it inopportune as it would bring minimal changes.
In May 2018, the proposal for a punctual revision of the constitution was approved by the Mozambican parliament This revision provides for some innovations in the Mozambican constitutional order, such as the creation of decentralized provincial and district governance bodies. As from the 2019 general elections, provincial governors will be elected. They will be heads of the list of parties, coalitions of political parties or groups of voters, and will no longer be appointed by the head of state.
In the future, district administrators will also be elected. On a transitional basis, until the 2024 elections, the district administrator will be appointed by the Minister of State Administration, after consultation with the provincial governor. Mozambican legal and institutional reforms that started in the early 1990s have continued until today. Over the past two decades, important new legislation has been passed in Mozambique, such as the following. Some legislation can also be found on the Tribunal Administrativo Republica de Mozambique – Legislation.
- Law on Political Parties (Law 7/91 of 23 January)
- Community Courts Law (Law 4/92 of 6 May)
- Investment Act (Act 3/93 of 24 June)
- Petition Law (Law 2/96 of 4 January) repealed 26/2014 of 23 September
- Municipalities Law (Law 2/97, of 18 February) derogated by Law 7/2014, of 28 February
- Land Law (Law 19/97 of 1 October)
- Arbitration Law (Law 11/99 of 8 July)
- Law approving the organic statute of Mozambique customs (Decree 9/2010 of 15 April) that repealed Decree-Law 29/2006, of 17 August
- Law 7/2014 Assembleia da Republica of February28, 2014 that repealed Law 9/2001, of 7 July (Law 7/2014 alternative link)
- Customs Courts Law defines the organization, operation, composition, and competencies of customs courts (Law 4/2018, of 9 July) that revoked Law 10/2001, of 7 July
- Basic Law of the Tax System (Law 15/2002 of 26 June)
- Tax Benefits Code (Decree 16/2002 of 27 June)
- Local Administration Law (Law 8/2003 of 19 May), amended by Law 11/12 of 8 February
- Constitution (2004), as amended by law 1/2018, of 12 June
- Family Law (Law 10/2004 of 25 August 2004), revoked by Law 22/2019 of 11 December
- Civil Registration Code (Law 12/2004 of 8 December)
- Civil Procedure Code (Decree-Law 1/2005 of 27 December), as amended by Decree-Law 1/09 of 24 April
- Commercial Code (Decree-Law 2/2005 of 27 December), as amended by Decree-Law 2/09 of 24 April, as amended by Decree-Law 1/2018, with the amendments introduced by law 1/2022 of 25 May
- Industrial Property Code (Decree-Law 47/2015, of 31 December) that repealed law 4/2006 of 12 April and the amendments introduced by Decree-Law 20/2009
- Public Enterprises Law (Law 6/2012 of 8 February revoked the previous Law 19/91 of 3 August), revoked by Law 3/2018, of 19 June
- District Administration Organization Law (Decree-Law 6/2006 of 12 April)
- Notaries' Code (Decree-Law 4/2006 of 23 August)
- Social Security Law (Law 4/2007 of 7 February)
- Labour Law (Law 23/07 of 1 August 2007), in 2017 the process of reviewing this law was launched to adapt it to the current reality, but it has not yet been completed
- Organic Law of the Judicial Courts (Law 24/07, of 20 August 2007), as amended by Laws 24/2014, of 23 September and 11/2018, of 3 October
- Organic Law of the Public Prosecutor's Office (Law 1/2022, of 12 January) that repealed law 22/2007, of 1 August and the amendments introduced by law 14/2012, of 8 February
- VAT Code (Law 32/07, of 31 December 2007), amended by Laws: 3/2012, of 23 January, amended and republished by law 13/2016, of 30 December, amended by law 5/2020, of 29 May and by 16/2020, of 23 December
- Personal Income Tax Code (Law 33/07, of 31 December 2007), amended and republished by Law 19/2017, of 28 December and the amendments introduced by Law 20/2013, of 23 September
- Corporate Income Tax Code (Law 34/07, of 31 December 2007), amended by law 4/2012, of 23 of January and amended by law 19/2013 of 23 September
- Law on the criminalization of human trafficking (Law 24/2019 of 24 December), that repealed Law 06/08 of 9 July 2008
- Law on the Statute of Judges (Law 7/09 of 11 March, amended by Law 3/11 of 11 January and finally by 8/2018 of 27 August)
- Law on Domestic Violence against Women (Law 29/09 of 29 September)
- Regulation of the Law on games of fortune or chance (Decree 64/2010 of 31 December), amended by Decree 4/2017 of 1 March
- Social Gaming and Entertainment (Law 9/12 of 8 February)
- Law for the Promotion and Protection of the Rights of the Child (Law 7/08 of 9 July)
- Jurisdictional Organization for Minors (Law 8/08, of 15 July)
- Public Expenditure Control Law (Law 14/2014 of 14 August), and amended and republished by Law 8/2015 of 6 October
- Regulation of the Bar Association (Law 28/09 of 29 September)
- Organic Law of the Administrative Court (Law 24/2013, of 1 November) and amended and republished by law 7/2015, of 6 October
- Highway Code (Decree-Law 1/11, of 23 March), derogated by Law 8/2019, of 8 July
- Public Private Partnership Law (Law 15/2011, of 10 August)
- Law on the protection of the rights and interests of victims, whistle-blowers, declarants and witnesses (Law 15/12, 14 August)
- Law on Public Probity (Law 16/12 of 14 August)
The Parliament is the highest legislative body in the Republic of Mozambique. It is responsible for determining the rules governing the operation of the State and economic, social, and political life through laws and deliberations of a generic nature, as provided for in Article 168 and Article 178 of the Constitution of the Republic of Mozambique (CRM). Now, for the purposes of legislative reform or revision, the following have the initiative to legislate: the deputies, the parliamentary benches, the committees of the Assembly of the Republic, the President of the Republic, and the Government, as provided for in Article 182(1) of the CRM.
In addition to legislative acts of the Assembly of the Republic, the process of legal reform can operate through normative acts of the Council of Ministers in the form of decree-laws and decrees. Here it is important to remember that the decree-laws of the Council of Ministers require legislative authorization from the Assembly of the Republic, as stated in Article 179 of the CRM.
There used to be a body called the Legal Reform Technical Unit (UTREL) which had several specific functions in legal reform and, fundamentally, with the objectives of ensuring the integrated planning, coordination, articulation, execution and monitoring of legal reform programs and projects. However, UTREL was terminated by Decree 18/2013 of 10 April, as this fulfilled the main objective of its creation.
Meanwhile, the process of legal reform has been continuous, either because of the lack of law and other specific normative acts governing certain matters or aspects of social, economic, political, and cultural life of the country, or because some legislation in force is out of step with reality or has several gaps. Therefore, since its extinction, several legal diplomas have been approved, of which we highlight the following:
- Law of Successions (Law 23/2019, of 22 December) revokes Book V of the Civil Code
- Criminal Procedure Code approved by Law 25/2019, of 26 December, as amended by Law 18/2020, of 23 December and revokes Decree no. 16489, of 15 February 1929, put into force in Mozambique by Decree no. 19271, of 24 January 1931, which approved the Criminal Procedure Code, Decree-Law no. Decree-Law No. 35007 of 13 October 1945, which reformulates some basic principles of criminal procedure, Order No. 17076 of 20 March 1959, which extends Decree-Law No. 35007 of 13 October 1945 to the overseas provinces, with some amendments, and a series of laws that were passed during the validity period of the above-mentioned laws.
- Penal Code approved by Law 26/2019, of 27 December that repealed Decree-Law 26643 of 1936
- Law on electronic transactions Law 3/2017, of 9 January
- Decree 5/2022, of 2 March approves the norms of Organization and Functioning of the Support Services of the Supreme Court, Superior Courts of Appeal, Province and District Judicial Courts, Labor Courts, Police Courts, and Juvenile Courts
- Decree 6/2022, of 02 March approves the norms of organization and functioning of the support services of the Provincial and District Fiscal Courts and of the city of Maputo
- Decree 9/2022, of 23 March, sets the sixth elections of the local authority bodies for 11 October 2023 [not available online]
- Law 2/2022 of 21 January - Organic Law of the Constitutional Council and revokes Law 6/2006 of 2 August and Law 5/2008 of 9 July
- Resolution 11/2021, of 27 December - ratifies the protocol to the African Charter on Human and Peoples' Rights on the Rights of Persons with Disabilities in Africa, [not available online]
- Resolution 12/2021, 27 December - ratifies with reservation the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa [not available online]
- Resolution 10/2021, 27 December - ratifies the Marrakesh Treaty to facilitate access to published works by persons who are blind, visually impaired, or otherwise print disabled [not available online]
- Decree 2/2021, of 9 August - amends articles 377, 714, 875 and 1143 of the Civil Code, approved by Decree-Law No. 47344, of 25 November 1966
- Decree 45/2021, 1 July - amends the Regulation on the Mechanisms and Procedures for Contracting Citizens of Foreign Nationality, approved by Decree No. 37/2016, 31 August
- Law 4/2021, of 5 May - amends and republishes the Legal Regime on the Organization, Composition, Functioning and Competencies of Labor Courts, approved by Law no. 10/2018, of 30 August, and revokes law 18/94, of 14 October
- Law 34/2014, of 31 December - Right to Information Law
- Law 21/2019 of 11 November - Establishes the Principles and Procedures of International Legal and Judicial Cooperation in Criminal Matters
- Law 1/2021, of 15 April - authorizes the Government to revise the Commercial Code, approved by Decree-Law nr. 2/2005, of December 27, amended by Decree-Law nr. 2/2009, of April 24, and by Decree-Law nr. 1/2018, of May 4. º 1/2018, of 4 May, the Government should observe the creation of a regime of simplification and de-bureaucratization of procedures for the constitution, registration, organization, operation, transformation and liquidation of commercial entrepreneurs, the improvement of existing corporate types and the creation of new types of companies and/or entrepreneurs, the revision of the discipline of commercial contracts, the revision of the discipline of credit titles, and the revision of the legal charges applicable in the process of constitution of the individual entrepreneur and the commercial company, in the national, regional and international context of the commitments assumed by the country within the scope of regional integration, which culminated with the approval of the new commercial code, through law 1/2022 of 25 May.
In the above-mentioned legislation, it is worth highlighting the approval of the new Family Law (NFL) which brought improvement regarding the patrimonial effects of fact union. In the new law, the legislator made the temporal requirement of three years to produce patrimonial effects of the fact union coincide with the period in which the spouses must be married if they wish to initiate legal separation of people and goods by mutual consent (Article 194 NFL) or a non-contentious divorce (Article 200(2) NFL).
In addition to changing the assumptions that lead to the production of property effects, the legislator expressly states for the first time in the NFL that of fact union is also relevant for succession purposes and others foreseen in other legislation. The legislator also introduced the administrative recognition of the existence and termination of the partnership (Articles 209 and 210 of the NFL) and the judicial recognition of the existence and termination of the partnership (Article 211 of the NFL). Meanwhile, under the previous Family Law, the proof of the fact union was essentially testimonial.
The approval of the new law on succession: this law brought improvement as regards the position of the surviving spouse in the order of heirs, moving from the fourth to the first position. In the old law, the children were first, followed by the parents and siblings of the deceased and only then the wife or husband.
The other innovation brought by the new law has to do with the need for a judicial action for the unworthiness to produce its effects. And once the unworthiness is declared, the unworthy person loses the capacity to inherit in all kinds of succession and his call is considered non-existent and he is considered, for all legal purposes, a possessor in bad faith of the respective property.
The insolvency law (law 1/2013, of 4 July) that establishes the legal framework for insolvency and the recovery of commercial entrepreneurs was also approved. The approval of this law aims to make it possible to overcome the situation of impossibility to comply with obligations due by commercial entrepreneurs in order to allow the maintenance of the source of production of employment of workers and the interests of creditors, thus promoting the stimulus and preservation of economic activity and its social function, amendment of the Tenancy Law, approved by Decree no. The amendment of the Tenancy Act, approved by Decree no. 43525, of 7 March 1961, in what concerns the termination of the agreement due to default by the tenant and eviction as a proper judicial means to cease occupation of a building, and the derogation of the Civil Procedure Code, approved by Decree-Law no. 44129, of 28 December 1961, in what concerns the liquidation of assets, and of the Tax Execution Code, approved by Decree no. 38088, of 12 December 1950, in what concerns execution in the case of bankruptcy or composition with creditors.
Regarding the Criminal Code after being approved by law 35/2014, of 31 December, due to some gaps it had, it was revoked by law 24/2019, of 24 December and with the wording given by law 17/2020, of 23 December and revokes article 2 of decree-law 182/74, of 2 May. The proposal of the new broadcasting law was submitted in December 2020 to the Parliament by the Council of Ministers.
2. Country Profile
Mozambique is bordered by the Indian Ocean to the east, Tanzania to the north, Malawi and Zambia to the north-west, Zimbabwe to the west and Swaziland and South Africa to the south-west. It is divided into 10 provinces: Cabo Delgado, Gaza, Inhambane, Manica, Maputo, Nampula, Niassa, Sofala, Tete, Zambézia and the capital is Maputo. However, Maputo city is considered the 11th province on its own for administrative purposes. Improving information including districts.
- The African Union (AU) is the international organization that promotes integration between the countries of the African continent in the most diverse aspects. Founded in 2002 and successor to the Organization of African Unity, created in 1963, it is based on the model of the European Union (but currently acting more closely to that of the Commonwealth of Nations), helps to promote democracy, human rights and economic development in Africa, especially in increasing foreign investment through the New Partnership for Africa's Development program.
- The Southern Africa Development Community (SADC) is an inter-governmental organization established in 1992 and dedicated to the socio-economic cooperation and integration, as well as cooperation in political and security matters, of the countries of Southern Africa.
- The Community of Portuguese Speaking Countries (CPLP) is an international organization formed by Portuguese-speaking countries, whose objective is the deepening of mutual friendship and cooperation among its members. The CPLP was created on 17 July 1996 by Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique, Portugal and Sao Tome and Principe. In 2002, after gaining independence, East Timor was welcomed as a member country. In 2014, Equatorial Guinea became the ninth member of the organization. The CPLP is financed both through the Executive Secretariat's operating budget, funded by compulsory contributions from Member States, and the Special Fund, which is fed by voluntary contributions and is intended to fund cooperation programs, projects and specific actions. Its headquarters is in Lisbon, Portugal, and its current Executive Secretary is Zacarias da Costa, from Timor-Leste; and Armindo Brito Fernandes, a native of São Tomé and Príncipe, who currently occupies the position of Director General. The organization promotes the date of May 5 as the Day of Lusophone Culture, celebrated throughout the Lusophone space, and the CPLP Games, a sports event that brings together all members of the organization.
- The Organization of Islamic Cooperation (OIC) is an inter-governmental organization with a permanent delegation to the United Nations. It brings together 57 countries, all with significant Islamic populations, from the Middle East, Africa, Asia, South America and Europe. The objectives of the OIC are to promote solidarity and cooperation among the member states and to ensure the preservation of the Islamic holy places.
- Commonwealth of Nations is an intergovernmental organization consisting of 53 independent member countries. Member states co-operate within a framework of common values and objectives, as outlined in the Singapore Declaration. These include the promotion of democracy, human rights, good governance, the rule of law, individual freedom, egalitarianism, free trade, multilateralism, and world peace. The Commonwealth is not a political union, but an intergovernmental organization through which countries with diverse social, political and economic backgrounds are regarded as equal in status.
- The United Nations Organization (UN), or simply United Nations, is an intergovernmental organization created to promote international cooperation. The organization is funded by assessed and voluntary contributions from member countries. Its objectives include maintaining world security and peace, promoting human rights, assisting in economic development and social progress, protecting the environment, and providing humanitarian aid in cases of famine, natural disasters, and armed conflict.
- Indian Ocean Rim countries' Association for Regional Cooperation (IOR-ARC)
- Africa, Caribbean, and Pacific (ACP's)
- United Nations Agricultural Organization (FAO)
- United Nations Educational, Scientific and Cultural Organization (UNESCO)
- World Health Organization (WHO)
- World Trade organization (WTO)
- International Fund for Agricultural Development (IFAD)
- World Food Program (WFP)
- African Development Bank (AfDB)
- International Monetary Fund (IMF)
- World Bank (WB)
- Pan-African Parliament; etc.
- BBC Country Profile
- CIA World Factbook
- European Commission (Delegation of Mozambique)
- Human Rights Watch
- United Nations Development Program
- UK Department for International Development
- UK Department for Foreign Affairs
- US Department of State
- Government Portal (Official page of Mozambique)
- WLSA Mozambique
The above organizations contain informative and updated websites in English and Portuguese with general information, articles, and documents on different topics of Mozambique.
3. Political System
After a long period of colonial war, Mozambique became independent from Portugal in 1975, adopting at that time a communist regime, with only one political party (Frente de Libertação de Moçambique - Frelimo), and maintaining close relations with Cuba and the former Soviet Union. In 1990 a new constitution was promulgated, prepared in the course of the peace negotiations of the 1980s, which culminated in the signing of the Rome peace agreement between FRELIMO and RENAMO in 1992. The approval of this Constitution marked a turning point in Mozambican constitutional history, as for the first time an extensive and modern declaration of rights, a democratic multiparty political system and the transition to a market economy were introduced. This constitution paved the way for the first multiparty elections in 1994 and more than a decade of extensive legislative reform.
The 1990 Constitution underwent modifications in 2004. In 2004 the constitutional text expanded the fundamental rights and individual freedoms of citizens and recognized legal pluralism, i.e., the existence of various normative and conflict resolution systems. The 2004 constitutional text, currently in force, was adopted not to break with the past, but to reaffirm and expand the fundamental principles introduced by the 1990 Constitution.
In 2018 the Assembly of the Republic, the legislative body par excellence, approved the law for the punctual revision of the Constitution (Law 1/2018, of 12 June). This revision brought some innovations to the Mozambican constitutional order, such as the creation of decentralized provincial and district governance bodies. As of the 2019 general elections, provincial governors will be elected, that is, they will become heads of the list of the parties, coalitions of political parties or groups of voters, and will no longer be appointed by the head of state. District Administrators will also be elected.
Another innovation of this revision was the institution of the figure of Secretary of State, who is appointed by the President of the Republic, with the function of ensuring the performance of the exclusive sovereign functions of the State, in accordance with the law. which are not the object of the decentralization process. According to articles 133 and 134 of the Constitution, the sovereign bodies in Mozambique are the President of the Republic, the Assembly of the Republic, the Government, the Courts and the Constitutional Council. These bodies are based on the principles of separation and interdependence of powers enshrined in the Constitution and must obey the Constitution and the laws.
3.1. Executive Power
3.1.1. The President
The current Constitution states that the President is the Head of State, Head of Government and Commander-in-Chief of the Defense and Security Forces. The President embodies national unity, guarantees the Constitution, supervises the proper functioning of the organs of State and represents the country at the national and international level.
The President is elected by universal suffrage for a five-year term and can be eligible for a second consecutive term or even for other terms, if they are discontinuous (Articles 148 and 147 of the Constitution). The Constitution gives the President of the Republic extensive powers (Articles 158 to 162 of the Constitution), including the power to promulgate laws, sign decree-laws and order their publication in the Boletim da República. In addition, the President can refer draft laws to the Constitutional Council for review of constitutionality. If a bill is declared unconstitutional, the President must veto it and send it back to Parliament.
3.1.2. The Government
The structure, composition and activities of the Government are provided for in Articles 199 to 210 of the Constitution. The Government is also called the Council of Ministers and is composed of the President of the Republic, the Prime Minister, and the Ministers. It is presided over by the President of the Republic, and, by delegation of the latter, the Prime Minister may convene and preside over sessions of the Council of Ministers. The Vice-Ministers and the Secretaries of State may be summoned to participate in the sessions of the Council of Ministers.
The Council of Ministers ensures the administration of the country, guarantees its territorial integrity, watches over public order and the security and stability of citizens, promotes economic development, implements the State's social action, develops, and consolidates legality, and carries out the country's foreign policy. In addition to having executive powers, the Government has legislative powers in matters that do not fall within the exclusive competence of the Assembly of the Republic, by means of legislative authorization from the Assembly of the Republic, as established in Articles 178 no. 3, 180, 181 and 203 no. 1. d) of the Constitution. Laws passed by the Council of Ministers take the form of decree-laws by means of delegation of powers following the constitutional prerogative of legislative authorisation by Parliament, to expressly state that the executive has no direct mandate to legislate.
The Council of Ministers has a webpage on the Government website where general information is available, although the information or documentation is not regularly updated. This page has useful contacts and websites for all ministries, provincial governments, and local authorities (Districts and Municipalities). The President has an advisory body called the Council of State, which he chairs. This body advises the President in very specific situations, such as the dissolution of the Assembly, the dismissal of the Government, the declaration of war, etc. (Title VI, Chapter III, Articles 163 to 166 of the Constitution).
3.2. Legislative Power: Parliament and Government
The Assembly of the Republic is the Mozambican Parliament, constituted and regulated in Title VII of the Constitution. According to the Constitution, it represents the Mozambican people and is unicameral in composition. In representation of the Mozambican people, it exercises the essential aspects of national sovereignty: it has legislative power, approves the State Budget, controls the Government's action and performs the rest of the functions attributed to it by the Constitution.
The Mozambican Constitution, following the principle of the division of powers, defines and regulates the three basic powers: legislative, executive, and judicial. The first is entrusted to the Assembly of the Republic, the second to the Government of the Nation, and the third to the courts of justice. According to the configuration derived from the constitution, the Assembly of the Republic is a complex body of a representative, deliberative, inviolable, and continuous nature.
It consists of 250 deputies, 184 from Frelimo, 60 from Renamo and 6 from the Mozambique Democratic Movement (MDM), elected by universal, free, equal, direct, and secret ballot, under the terms of Article 169 of the Constitution. All Mozambicans in full use of their political rights for a five-year term of office are eligible to vote. It is regulated by the Constitution of the Republic and by the Rules of Procedure, which is an internal instrument that regulates its functioning. Parliament meets annually in two ordinary sessions, one from September to December and the other from February to June.
The Assembly of the Republic can be dissolved, by the President of the Republic, if it rejects the Government program after debate and prior hearing of the Council of Ministers and prior mandatory and positive pronouncement of the Council of State. In the event of dissolution, the elected Assembly shall begin a new legislature, with the mandate lasting the remainder of the previous legislature under the terms of Article 187 of the Constitution.
However, there are limits to dissolution. Under Article 188 of the Constitution, the dissolution of the Assembly of the Republic cannot occur in the event of a state of siege or emergency, during its duration and until the sixtieth day following its cessation. It may also be dissolved for constitutional requirements. For example: by the expiration of the five-year term of the legislature (mandate of deputies) provided for in Article 184 of the Constitution, in which case the Assembly of the Republic shall be dissolved and the President of the Republic, using the powers conferred upon him by Article 158 of the Constitution, shall immediately proceed to call general elections under the terms of Article 187 of the Constitution.
The Constitution determines the areas in which Parliament may pass legislation Article 178.2 of the Constitution and all other areas in which Parliament may delegate its legislative powers to the Government (Articles 178.3, 180, 181 and 203.1 d) of the Constitution). Under Article 182 of the Constitution, the legislative initiative belongs to: the deputies, the parliamentary benches, the President of the Republic, the committees of the Assembly of the Republic and the Government. However, deputies and parliamentary benches may not submit bills that directly or indirectly involve an increase in State expenditure or a decrease in State revenue, or that alter in any way the current economic year. The official website of the Assembly of the Republic provides information on Parliament's activities and agenda.
3.3. Judicial Power
Mozambique became independent in 1975 and Law No. 12/78 of 2 December - the Judicial Organization Law - marked the beginning of the construction of a system for the administration of justice in Mozambique. The system was characterized by a unitary structure that manifested itself in the articulation between customary law and state law, the latter being subordinated to the values, principles and objectives set out in the constitution, on the one hand, and, on the other, in the interaction between the formal and informal courts.
In the organization of the courts, at the top of the pyramid was the Supreme People's Court, whose functions were exercised on an interim basis by the High Court of Appeal, created by Law No. 11/79 of 12 December. As far as the Supreme People's Court is concerned, its constitution only occurred in 1988, a fact that represented the highest point in the implementation of the system initiated with the creation of the basic people's courts, namely the provincial people's courts, replacing the district courts, the district people's courts, replacing the municipal courts, and the locality people's courts, where the justice of the peace had operated, culminating with the implementation of the neighbourhood people's courts.
The 1990 Constitution introduced profound changes in the organization of the State in general, which were reflected in the system of justice administration itself. In effect, the Constitution established a new legal framework, based on the principle of separation of powers, which led to the elevation of courts to the status of sovereign bodies, which are subject to the following structural principles Autonomy of the courts in relation to the other powers of the State; Mandatory compliance with the decisions of the courts; Prevalence of the decisions of the courts over those of other authorities; Independence of judges in the exercise of their functions, owing obedience to the law and the Constitution; and Impartiality, irresponsibility and immovability of judges.
In effect, by raising the courts to the category of sovereign bodies, the political Constitution of 1990 dedicated a chapter to this matter (Chapter VI), defining the general principles in section I, the Supreme Court in section II and the Administrative Court in section III. Although the Constitution dedicates a chapter to each of those courts, the range of competencies of the Supreme Court is reinforced by being defined as the highest judicial body with jurisdiction throughout the national territory (paragraph 2 of Art. 168) and the guarantor of the uniform application of the law (paragraph 3 of Art. 168). To dispel any doubts in this regard, the legislator more clearly consecrated this position in the Judiciary Organization Law (law no. 10/92 of May 6, now revoked) by stating in its Article 33, paragraph d) that the Plenary of the Supreme Court is responsible for "judging in the last instance and on points of law, the appeals lodged from decisions made in the various jurisdictions provided for by law". We must also highlight among the attributions of the Supreme Court those arising from Article 208 of the Constitution of the Republic.
The 1990 Constitution of the Republic establishes, in its Article 167, the type of courts with legal existence in the Republic of Mozambique, and expressly rules out the establishment of courts to try certain categories of crimes. As can be seen in that command, the courts have been staggered according to their specialization. The Supreme Court and other judicial courts appear as a specific type. The judicial organization law (Law 10/92, of 6 May) was repealed by Law 24/2007, of 20 August, as amended by Law 24/2014, of 23 September and Law 11/2018, of 3 October.
The current Constitution of Mozambique (approved law 1/2018, of 12 June) dedicates an entire section to the court structure (Title IX, Article 211 to Article 232). In Mozambique, courts are independent sovereign bodies that administer justice on behalf of the people. They guarantee and ensure compliance with the Constitution, laws and other legal provisions in force and safeguard the rights and legitimate interests of citizens and institutions (Article 211(1) of the Constitution). It further establishes in Article 212 that the courts have an educational function: "The courts shall educate citizens and the public administration in the voluntary and conscientious observance of laws, thereby establishing a just and harmonious social community."
The main laws that regulate the Judiciary are:
- The judicial organisation law (Law 24/2007, of 20 August, as amended by Laws 24/2014, of 23 September and 11/2018, of 3 October)
- The Statute of Judicial Magistrates (Law 7/2009 of 11 March, as amended by Law 8/2018 of 27 August)
- Community Courts Law (Law 4/92 of 6 May)
- Labor Courts Law (Law 10/2018, of 3 August, as amended by Law 4/2021, of 5 May)
- Legal Aid and Representation Act - IPAJ (Law 6/94 of 13 January)
- Organic Statute of Legal Support and Legal Representation - IPAJ (Law 15/2013, of 26 April which repeals Law 54/95 of 13 December)
- Administrative Litigation Law (Law 7/2014, of 28 February that revokes 9/01 of 7 July)
- Organic Law of the Customs Court (Law 4/2018, of 9 July that revokes Law 10/01 of 7 July)
- Superior Council of the Administrative Magistracy - Administrative, Tax and Customs - (Law 23/2013, of 1 November that revokes Law 9/2009 of 11 March)
- Organic Law and Statute of the Public Prosecutor's Office (Law 1/2022, of 12 January)
- Regulation of the Bar Association (Law 28/09 of 29 September)
- Administrative Courts Organic Law (Law 24/213 of 01 November) [Amended by Law 7/2015 of 6 October
- Court Fees Code (Decree 82/2009, of 29 December, as amended by Decree 9/2018, of 9 March
- Decree 5/2022, of 2 March approves the norms of Organization and Functioning of the Support Services of the Supreme Court, Superior Courts of Appeal, Province and District Judicial Courts, Labor Courts, Police Courts, and Juvenile Courts.
Legal pluralism is recognized as a constitutional principle in Mozambique (Article 4 of the Constitution). Therefore, the Mozambican legal system admits other normative systems of conflict resolution if they do not contradict the Constitution of the Republic.
3.3.1. Judicial Courts
As stated above, the courts are organs of sovereignty enshrined as such in Title IX, Chapter I, Articles 211 to 232 of the Constitution of the Republic. The Courts, as organs of sovereignty, aim to ensure the attributions that the State proposes, namely, to guarantee and strengthen legality as an instrument of legal stability, guarantee respect for the laws, ensure the rights and freedoms of citizens, ensure the legal interests of the different organs and entities with legal existence, (Article 211 of the Constitution). It follows from these assumptions that the courts are independent both in relation to the other powers or organs of the State and in relation to each other.
In Mozambique there are the following types of courts defined by the Constitution: Supreme Court, Administrative Court, and Judicial Courts. The Supreme Court and the Judicial Courts are part of the common jurisdiction and rule on civil and criminal matters and have jurisdiction in all matters not assigned to other courts. Still in the common jurisdiction there are the community and arbitration courts. In the administrative jurisdiction we find the administrative, fiscal, customs and maritime courts.
Supreme Court (Articles 224 to 226 of the Constitution): The Supreme Court is called Tribunal Supremo and is the highest body in the hierarchy of judicial courts, is located in Maputo and has national jurisdiction. It is composed of the President, Vice-President, advisory judges, and elected judges. Professional judges are nominated by the President of the Republic, upon proposal of the Superior Council of the Judiciary, after being approved in a public competitive examination through curricular evaluation, open to magistrates and national citizens of reputable merit, all with law degrees and in full enjoyment of their civil and political rights. The Supreme Court currently functions as a 1st level court in various matters such as criminal cases against public office holders, etc. and as a 2nd level court for appeals court decisions.
Superior Court of Appeal: The Superior Courts of Appeal are courts of appeal par excellence and function as courts of second instance and first instance. As courts of second instance, they hear appeals against decisions rendered in the provincial courts of appeal; conflicts of jurisdiction between the courts of appeal and other entities within their area of jurisdiction; conflicts of jurisdiction between the provincial courts within their area of jurisdiction, etc.
As courts of first instance, they try criminal cases involving professional judges and public prosecutors from provincial courts, as well as criminal cases involving elected judges from provincial courts for acts relating to the exercise of their functions, etc. It is composed of judges, both judge advocates and elected judges. The presiding judge of the High Court of Appeal is appointed by the President of the Supreme Court.
Provincial Judicial Courts: There are 11 Provincial Level Judicial Courts distributed across the 10 provinces, i.e., 1 for each province, except for Maputo province which has two, one for the province itself and another for the city each with different divisions called "sections" for civil, labour, commercial and criminal matters which decide the 1st level in cases above a certain monetary threshold or years of imprisonment. It also acts as a second tier for decisions of the district courts. Appeals from decisions of the Provincial Courts go directly to the Courts of Appeal.
District Judicial Courts: There should be one District Judicial Court for each of the almost 130 Districts in Mozambique; there has been an improvement in this, although some of them have yet to be created.
Labour Courts: These courts were created by Law 10/2018, of 30 August, and have competence to administer justice for conflicts arising from legal-labour relations and to appreciate contraventions of labour and social security norms. The first court to become operational was the Maputo City Labour Court, inaugurated on 25 April 2019. The labour court exercises its jurisdiction throughout the national territory, in accordance with the judicial division established by law. The labour courts are organized into provincial labour courts and district labour courts.
3.3.2. Administrative Courts
The Administrative Court was established in 1992 as the highest court in the hierarchy of administrative, fiscal and customs courts (Article 227.1 of the Constitution). The Tribunal's website contains a list of legislation relevant to the work of the administrative courts but does not provide access to any files. The Administrative Court supervises the constitutionality and legality of administrative decisions issued by the public administration, administrative contracts and enforces regulations.
Customs Court: The Customs Court (Tribunal Aduaneiro) was established by Law 10/2001 of 7 July and started operating a year later. The customs legislation can be found on the official website.
Fiscal Court: In the Mozambican legal system, the fiscal courts are competent bodies to administer justice, in disputes arising from legal-tax relations, under the terms of Article 1 of Law 9/2018, of 27 August and its constitutional consecration is found in Article 222 of the Constitution. The Tax Courts were established in 2004 by Law 2/2004 of 21 January, now revoked, to commence operation in 2007, however they only commenced operation in 2009 and the first group of judges were sworn in in 2009.
There are six Tax Courts throughout the country distributed as follows: Maputo Province Fiscal Court, Maputo City Fiscal Court which has jurisdiction over Inhambane Province and Gaza Province in the South; Sofala Province Fiscal Court with jurisdiction over Manica; Zambézia Province Fiscal Court; Nampula Province Fiscal Court with jurisdiction over Cabo Delgado and Niassa Province and Tete Province Fiscal Court. Appeals from decisions of these courts are submitted to the Administrative Court as a superior court.
The tax courts were created to guarantee an effective separation of powers between the Administrative and Judicial powers in tax litigation, and access to them by citizens to enforce their legally protected rights or interests.
3.3.3. Constitutional Council
The Constitutional Council was created by the 1990 Constitution, its functions were temporarily exercised by the Supreme Court until 3 November 2003, when the Constitutional Council came into existence as an autonomous institution. The nature and attributions established by law to the Constitutional Council, namely the appreciation and declaration of the unconstitutionality of laws and the illegality of normative acts of State bodies, electoral litigation, and the legality of the constitution of political parties, their coalitions and respective names, acronyms and symbols, confer upon the Constitutional Council a relevant role in the consolidation of the Democratic Rule of Law in Mozambique, available in Portuguese.
The unconstitutionality of laws and the illegality of normative acts practiced by organs of the State:
- The President of the Republic
- The President of the Assembly of the Republic
- The Parliament (with the support of at least 1/3 of its members)
- The Prime Minister
- The Attorney General of the Republic
- The Ombudsman
- The group of 2,000 citizens.
The President may also request the Constitutional Council to assess the constitutionality of all legislation submitted for promulgation before ratifying it. When legislation is deemed unconstitutional, the President must veto and return the proposed legislation to Parliament (Article 245 of the Constitution).
The Constitutional Council also functions as a court of appeal in constitutional matters in the case of a refusal to apply any judgment or decision on the grounds of unconstitutionality and when the Attorney General or the Public Prosecutor requests an abstract review of the constitutionality or legality of any rule, the application of which has been refused on the grounds that it is unconstitutional or illegal (article 246 of the Constitution).
The decisions of the Constitutional Council must be followed by all citizens and state bodies and are not subject to appeal (Article 247 of the Constitution). And they are mandatorily published in the “Boletim da, República” and have the following format: Name, Case number, Court Acronym, Year, Date. See for example, Constitutional Council Ruling n. 03/CC/2015 of 6 July.
Since 2007, the Constitutional Council has started to publish all its decisions (Judgments & Deliberations) in books, which is now in volume VII. The decisions of the Constitutional Council can also be found on its website.
3.3.4. Community Courts
Although only recognized in the 2004 Constitution (article 222 no. 2) in the wording given by Law 1/2018 of 12 June, these courts have been operating in Mozambique since colonial times and had their legal framework established by Law 4/92 of 6 May. These courts are spread throughout the country, deal with civil disputes, minor and petty crimes. Cases above a certain financial threshold or involving imprisonment for more than 30 days must be referred to the judicial courts. These courts attempt conciliation/mediation as a first approach and when no agreement is reached, a decision is made in the light of the principles of equity, common sense, and justice. The decisions of the Community Courts are appealable to the District Court
3.4. Office of the Prosecutor General
The Office of the Prosecutor General is the highest body of the Public Prosecution Service, which constitutes a hierarchically organized magistracy. It is composed of a Prosecutor-General, a Deputy Prosecutor-General assisting the Prosecutor-General, Deputy Prosecutors-General who are established in divisions (sections) of the Supreme Court, Administrative Court, and Higher Courts of Appeal. In each judicial court there is a Prosecutor-General with the same functions, but at a lower level (Provincial and District). The Prosecutor General's Office is composed of a High Judiciary called the Superior Council of the Prosecutor's Office and an Anti-Corruption Office.
Every year the Prosecutor-General presents an Annual Report to the Parliament where he/she must indicate the situation of the country, regarding crime and other legal aspects.
The website of the Attorney General's Office contains a list of legislation and the main reports relevant to the work of the Public Prosecutor's Office.
4. Sources of Law
During the colonial era, Mozambique was under Portuguese law, although traditional customary law was in many cases tolerated or tacitly accepted. When independence came, Mozambique obviously rushed to repeal the old colonial system and its laws and decisions. However, the Portuguese legal tradition was eventually revived when the country began to settle in the early 1990s.
4.1. Primary Sources
The Mozambican legal system is based on civil law (at least the formal legal system) and legislation is the main source of law. The courts adjudicate cases in accordance with ordinary laws and the Constitution, there is no binding precedent as in common law systems. Therefore, the primary source of Mozambican law is the law.
However, the 2004 Constitution, as amended by Law 1/2018, of 12 June, recognizes the existence of legal pluralism, that is, there are other normative systems that intertwine with the system based on formal civil law. As for secondary sources, books are few (both in English and Portuguese), but there is a considerably large number of journal articles, studies and papers (mostly in English), which can be found online, although scattered across dozens of websites. Most of the books and articles to be found would more likely be classified under African studies, anthropology, history, human rights, political science, sociology, war studies or a mixture, rather than strictly under "Law".
4.1.1. Forms of Publishing Laws
Legislation published in the I Series of the Bulletin of the Republic has the following citation format:
- Type (law, decree, etc.)
- Number (each type of act has an independent annual numbering)
- Year (two-digit format)
- Date (day and month)
- Brief description
For example, Law No. 2/2008 of 27 February 2008, Establishes the National Payment System and creates the National Payment System Coordination Committee.
Series II of the Bulletin of the Republic publishes decrees, orders, dispatches, and authorizations issued by the public administration and court decisions that require publication. Series III of the Bulletin of the Republic publishes land and mining concessions and permits, municipal by-laws, approval of associations and foundations, and company by-laws.
The Government is obliged to publish and disseminate the Bulletin of the Republic efficiently, but this has not been happening due to severe delays at the National Press Service. Although much legislation is available online, it should be said that online versions can never replace consultation of the official version in the Official Gazette, which is in printed form.
In any case, the official Mozambican website can be a starting point to find legislation organized by topics and by the most recent years of Series III of the Official Gazette of the Republic of Mozambique. The website also brings together other important government documents in Portuguese, such as briefings, speeches, strategic documents, studies, budgets, policies, programs, etc. and a range of other important information. Since most of these laws are in Portuguese, it would be important to use the Global Legal Information Network to view a summary in English, where it exists.
There are two companies providing subscription access to Series I and Series III of the Bulletin of the Republic of Mozambique, 25 June 1975, in Portuguese.
- inBR1 - Bulletin of the Republic, Series I
- inBR1 - Bulletin of the Republic, Series III
The inBR1 service appears to be the most comprehensive and functional. It is possible to find not only the acts, but also the following additional information:
- Names of the entities/persons mentioned in the Acts
- Links to and from repealed, amended, or related Acts
- Additional to the official summary
- Classification according to areas of law
- Status of the Act
- Information on corrigenda
- Technical remarks (errors in the text, inconsistencies, duplications)
- Link to the PDF of the original act as published in the Bulletin of the Republic
In addition, inBR1's search engine is very user-friendly, allowing users to search with the following fields:
- Topic (Subjects)
- Abstract (Summary)
- Entity (Covered Entity)
- Person (Person Covered)
- Type and Number of the Law (Type and Number of the Diploma)
- Act Number (Diploma Number)
- Act Date (Diploma Date)
- Gazette Number (Bulletin Number)
- Gazette Date (Bulletin Date)
- Type of Law (Diploma Type)
- Place (Geographic Place of Sugar)
- Source Entity (Issuing Entity)
- Registration Citation (Registration ID)
In addition, together with Mozlegal, Atneia provides three subscription-based packages to Tudo Legal. With this service, users can access all the Mozambican legislation in Portuguese and the English versions of more than a hundred Mozambican laws.
There is also a project called Legis-Palop funded by the EUROPEAID program to help create online databases with legislation, cases, and jurisprudence for the five Portuguese speaking countries in Africa: Angola, Cape Verde, Guinea Bissau, Mozambique and Sao Tome and Principe. As of 13 April 2011, the official PALOP database has more than 40 thousand records, while 36,009 is the total number of legislations. It appears that the portal is now regularly updated, so it is also a useful source to rely on.
There is also a website with legislation and jurisprudence, the Instituto Jurídico de Moçambique in Portuguese and English, a project run by the Mozambican Bar Association.
Some other websites offer some Mozambican legislation. In any case, one should check if the legislation published on such websites is current. Below are some examples:
- Administrative Court
- Beira City Council
- Energy Fund
- Government Media Relations Office
- Industrial Property Office
- Maputo City Council
- Customs of Mozambique
- Environmental Legislation Portal of Mozambique
- Bank of Mozambique
- National Press of Mozambique
- National Institute of Communications
- National Petroleum Institute
- National Statistics Institute
- Tax Authority
- Water Regulatory Board
- National Directorate for Water
- World Bank - Doing Business in
During the colonial era, the formal legal and justice system only reached urban areas, so most Mozambicans were governed by local customary law administered by traditional authorities. A few years after independence, the Government introduced the first Organic Law for the Judicial Courts (1978), which created four levels of courts: The Supreme Court, provincial, district and local.
The local courts were supervised and administered by the Ministry of Justice and controlled by the local assemblies of the population. The originality of these courts was that they had judges elected by local communities who would judge according to principles of equity, common sense, and local values. With the introduction of the rule of law and the independence of the executive, legislative and judicial bodies, the structure of the courts needed to be reformed. The local courts then became community courts and are now governed by the Law of the Community Courts.
Mozambique has a legal system based on civil law where legislation is the main source of law. Therefore, cases do not have the binding authority as in common law systems and are not considered as a source of law. The Ministry of Justice used to publish compilations of case law from the main courts, however, this publication has been discontinued. Landmark cases would be decided by the Supreme Court, which is the country's High Court. The High Court has started publishing case law compilations on civil, juvenile, and family matters, Some High Court cases can also be found on the website of SAFLII, a Southern African Legal Information Institute.
The High Court has publications, where relevant case law can be found in relation to criminal, civil and labor jurisdiction. Unfortunately, the jurisprudence is mainly available in printed format. The website provides general information about the available publications. The Supreme Court contact details are: Av Vladimir Lenine,103, - Maputo | Tel: +258 21 321037/323306 | Fax:+: +258 21 310674 | Email: email@example.com | Website: www.ts.gov.mz.
It may also be useful to check the Forum of Lusophone Supreme Court Presidents and the CPLP Judicial Network. Although neither organization publishes, cases may be published in the future and/or access to the Mozambican Supreme Court may be easier through them. The Supreme Administrative Court has a very good website but - again and can be contacted at the following address: Rua Mateus S. Muthemba nº 65 - Maputo | Tel: +258 21 490170/1 | Fax: +258 21 498890 | Email: firstname.lastname@example.org
The Constitutional Council has publications on its decisions, rulings, and deliberations, with 7 Volumes.
Examples of Publication List of Court Decisions (Supreme Court and Constitutional Council):
- Constitutional Council, Deliberations and Judgments of the Constitutional Council, Volume I:2003 to 2006, Edition CFJJ/Ministry of Justice and Constitutional Council, Editora Kapicua, Livros e Multimédia, 2007. [Constitutional Court Rulings and Decisions]
- Conselho Constitucional, Deliberações e Acórdãos do Conselho Constitucional, Volume II:2007 a 2006, Edição CFJJ/Ministério da Justiça e Conselho Constitucional, Editora Kapicua, Livros e Multimédia, 2007. [Constitutional Court Rulings and Decisions]
- Supreme Court, Acórdãos do Tribunal Supremo: Jurisdição Cível, de Menores e Laboral (1990-2003), Volume II Tomo 1, Edição Tribunal Supremo, Editora Kapicua, Livros e Multimedia, 2010. [Supreme Court Judgments: civil, juvenile, and labour matters]
- Supreme Court, Supreme Court Judgments: Civil, Juvenile and Labour Jurisdiction, Volume II Tomo 2, Edição Tribunal Supremo, Editora Kapicua, Livros e Multimedia, 2011. [Supreme Court Judgments: civil, juvenile, and labour matters].
4.2. Secondary Sources
4.2.1. Books on Mozambique
There are not many books dealing specifically with the Mozambican legal system, although there was an increase in publications in recent times. The following section indicates books published in Portuguese and English on different topics related to Mozambique.
Although an attempt has been made to point out the most recent legal publications, some of them may be partially out of date due to changes in the Mozambican legal system after their publication. This section also includes books that cannot be classified under the topic of 'Law' but are considered of interest when researching the Mozambican legal system. The ISBN is indicated whenever possible in order to help researchers find them in library catalogues.
126.96.36.199. Books in Portuguese
Most of the law books published by Mozambicans were published by Escolar Editora, which makes them available in printed format only.
- Abreu, Faizal de – O principio da protecção do consumidor na Constituição Económica, W Editora, Maputo, 2017 [The principle of consumer protection in the Economic Constitution] [not available online]
- Abreu, Faizal de – Temas sobre Ciências Jurídico-Económicas, Almedina Editora, Maputo, 2020 [Themes in Legal and Economic Sciences] [not available online]
- Abudo, José Ibraimo - Do Contrato de Depósito Bancário, Coimbra: Almedina, 2004, ISBN 978-972-40-2272-7 [Bank deposit contract] [not available online]
- Abudo, José Ibraimo – Direito Comercial, Maputo: Universidade Mussa Bin Bique, 2009, [Commercial Law] [not available online]
- Amade, Alberto Salifu; Mueha, Ernesto Véquina P.; Duvane, Estrelino; Pascoal, João José; Tamele, Pedro Alexandre Lopes – Estudos Sobre o Contencioso Administrativo e Constitucional Moçambicano, Lisboa, 2017. ISBN: 978-989-20-7600-3 [Studies on Mozambican Administrative and Constitutional Litigation]
- Alves, Sílvia; Gune, Boaventura; Rodrigues, Luís Barbosa – Código Civil e Legislação Complementar de Moçambique, Coimbra: Almedina, 2006; ISBN 978-972-40-2101-0 [Civil code and complementary legislation]
- Alves, Sílvia; Rodrigues, Luís Barbosa – Código Comercial e legislação Complementar de Moçambique, Coimbra: Almedina, 2006, ISBN 978-972-40-2103-4 [Commercial code and complementary legislation] [not available online]
- Alves, Sílvia; Rodrigues, Luís Barbosa – Código Penal e Legislação Complementar de Moçambique, Coimbra: Almedina, 2006, ISBN 9789724021003 [Criminal code and complementary legislation] [not available online]
- Alves, Sílvia; Rodrigues, Luís Barbosa; Nguenha, João – Constituição da República de Moçambique e Legislação Constitucional, Coimbra: Almedina, 2006, ISBN 978-972-40-2104-1, [Constitution of the Republic of Mozambique and constitutional legislation] [not available online]
- Antunes, Carlos / Perdigão, Carlos – Legislação do Trabalho nos Países de Língua Portuguesa, Coimbra: Coimbra Editora, 2006, ISBN 978-972-32-1405-9, [Labour legislation in the Lusophone countries] [not available online]
- Antunes, Carlos; Casimiro, Duarte; et-al – Lei do Trabalho Anotado, Escolar Editora, Maputo, 2015, ISBN:9789725924693, [Annotated Labour Law] [not available online]
- Araújo, Raul- Os sistemas de governo de transição democrática nos P.A.L.O.P., Coimbra: Coimbra Editora, 2000; ISBN 972-32-0779-6 / 978-972-32-0779-8 [Political systems of democratic transition in Lusophone Africa]
- Baltazar Egídio – Manual do Processo Disciplinar, Maputo:Escolar Editora, 2011, [Disciplinary Procedure Manual] [not available online]
- Baltazar Egídio – Direito do Trabalho (situações individuais de trabalho), Vol. I, Deaprint, Kingdom, 2017 [Labour Law: individual employment situations]
- Brito, Luis; Castel-Branco, Carlos Nuno; Chichava, Sérgio; Francisco, António – Desafios para Moçambique 2010, Maputo: IESE, 2011; ISBN 978-9899611473-4, [Challenges for Mozambique 2010]
- Calengo, André Jaime – Lei de Terras Anotada e Comentada, Maputo, 2005, [Annotated land law] [not available online]
- Câmara, João de Sousa da – Portugal na Commonwealth, Crise e Ressurgimento em Moçambique, Lisboa: Livraria Ferín, 1995, ISBN 9789729694325, [Portugal in the Commonwealth, crisis and re-emergence in Mozambique] [not available online]
- Cambule, Gil – Teoria Geral do Direito Civil, Vol. I, RC & PPH, Maputo, 2018, [General Theory of Civil Law] [not available online]
- Carzola, Maria José; Chiziane, Eduardo; et-al – Direito da Terra e questões agrárias: uma aproximação entre Espanha e Moçambique, 2ª edição, Escolar Editora, Maputo, 2020, ISBN: 9789896701192, [Land law and agrarian issues: an approach between Spain and Mozambique] [not available online]
- Casimiro, Duarte da Fonseca - A Transmissão da Empresa à Luz da Lei do Trabalho Moçambicana, Coimbra: Almedina, 2006, ISBN 9789724029351 [Transmission of companies in the light of Mozambican labour law] [not available online]
- Cistac, Gilles – Aspectos Jurídicos e Integração Regional, Maputo: Escolar Editora, 2012, ISBN 9789896700317, [Administrative Procedural Law Litigation: Theory & Practice] [not available online]
- Cistac, Gilles – Direito Processual Administrativo Contencioso: Teoria e Práctica, Maputo: Escolar Editora, 2010, ISBN 9789896700089 [Legal Aspects and Regional Integration] [not available online]
- Cistac, Gilles – Contributo para o Debate Sobre a Revisão Constitucional, Maputo: Ed Faculdade de Direito da Universidade Eduardo Mondlane, 2004, [A Contribute to the debate over the Constitutional revision] [not available online]
- Cistac, Gilles – O Direito Eleitoral Moçambicano, Maputo: Ed. Faculdade de Direito da Universidade Eduardo Mondlane, 1994, [Mozambican elections law] [not available online]
- Cistac, Gilles - Jurisprudência Administrativa de Moçambique 1994-1999, Maputo: Ed. Eduardo Mondlane University Faculty of Law, 2003, ISBN: 978-902-47-9938-1, [Mozambique’s administrative cases 1994-1999] [not available online]
- Cistac, Gilles – Historia do direito processual administrativo contencioso moçambicano.
- Cistac, Gilles – O Tribunal Administrativo de Moçambique, Maputo: Ed. Faculdade de Direito da Universidade Eduardo Mondlane, 1997, [Mozambique’s administrative court] [not available online]
- Cistac, Gilles – Direito do Processo Administrativo Contencioso (Teoria e Práctica), Volume I, Escola Editora, 2010, ISBN 978-989-670-008-9, [Law of Administrative Litigation Procedure] [not available online]
- Cistac, Gilles; Chiziane, Eduardo (coordenação) – Aspectos Jurídicos, Económicos, e Sociais do Uso e Aproveitamento da Terra, Maputo: UEM: Imprensa Universitária, 2003, [Legal, Economic and Social aspects of the right to use the land] [not available online]
- Cistac, Gilles; Chiziane, Eduardo (coordenação) – Turismo e Desenvolvimento Local, Maputo: UEM: NEAD, 2007, [Tourism and Local Development] [not available online]
- Cistac, Gilles; Chiziane, Eduardo (coordenação) – 10 anos de Descentralização em Moçambique, Maputo: UEM: NEAD, 2008, [10 Years of Decentralization in Mozambique] [not available online]
- Chiziane, Eduardo; Cossa, Victória (coordenação) – Um olhar jurídico-sociológico e económico sobre o HIV/SIDA em Moçambique, Maputo: UEM: Faculdade de Direito, 2009, [A look at legal, sociological and economic on HIV/AIDS in Mozambique] [not available online]
- Cossa, João – Código Penal – Moçambique, Escolar Editora, Maputo, 2015, [Criminal Code – Mozambique] [not available online]
- Comoane, Ana - Impacto da Política de Desenvolvimento em Turismo - O Caso dos PMAs, em Especial Moçambique: Contingências e Estratégias, Coimbra: Almedina, 2007, ISBN 9789724032092, [Impact of development policies in the tourism sector – the case of PMAs, namely in Mozambique – contingencies and strategies] [not available online]
- Comoane, Paulo Daniel – A aplicação da Lei do Trabalho nas Relações de Emprego Público, Coimbra: Almedina, 2007, ISBN ISBN 978-972-40-2937-5, [Application of labour law to public employment relations] [not available online]
- Cuna, Ribeiro José – A organização judiciaria em Moçambique: Continuidades e Rupturas, Escolar Editora, Maputo, 2003, ISBN:9789896700423, [Judicial Organization in Mozambique: Continuities and Ruptures] [not available online]
- Cuna, Ribeiro José – Licções de Direito Processual Penal, Escolar Editora, Maputo, 2014, ISBN:9789896700546, [Lessons in Criminal Procedure Law] [not available online]
- Cuna, Ribeiro José – Direito a Julgamento Justo, Escolar Editora, Maputo, 2019, ISBN: 9789896701000, [Right to Fair Trial] [not available online]
- Faquir, Rosemin – Legislação Fiscal - República de Moçambique - 2ª Edição, Escolar Editora, Maputo, 2021, ISBN: 9789896701314. [not available online]
- Fernando, Paula; José, Castiano; Gomes, Conceição; e Soares, Carla – coordenado pela Associação Moçambicana de Juízes de – Justiça e ambiente de negócios: uma reflexão sobre os tribunais e os litígios relacionados com o comercio e as empresas, 2020. [Justice and business environment: a reflection on courts and trade and business-related litigation]
- Filimone, Hélio – Juiz Paulino – Caso Cardoso – um marco no sistema judicial Moçambicano, Alcance Editora, Maputo, 2015, [Judge Paulino - Cardoso Case - a landmark in the Mozambican judicial system] [not available online]
- Fonseca, Víctor Gomes – Licença de paternidade em caso de morte ou impossibilidade da mãe na constância do parto, Editora Liber Ars Interescolar Editora, São Paulo, 2021. [Paternity license in case of death or impossibility of the mother during childbirth] [not available online]
- Gabinete do provedor da Justiça – Colectânea de legislação de protecção da criança, Maputo, 2019. [Collection of child protection legislation] [not available online]
- Guedes, Armando Marques – O Estudo dos Sistemas Jurídicos Africanos, Coimbra: Almedina, 2004; ISBN 978-972-40-2161-4. [The study of African legal systems] [not available online]
- Gouveia, Jorge Bacelar – As Constituições dos Estados de Língua Portuguesa, Coimbra: Almedina, 2006, ISBN 972-40-2879-8. [Constitutions of the Lusophone Countries] [not available online]
- Gouveia, Jorge Bacelar - Estudos de Direito Público de Língua Portuguesa, Coimbra: Almedina, 2004, ISBN 972-40-2307-9 / 978-972-40-2307-6. [Studies of Public Law in Portuguese Speaking Countries] [not available online]
- Hodges, Tony; Tibana, Roberto - A Economia Política do Orçamento em Moçambique, Lisboa: Principia, 2005; ISBN 978-972-88-1850-0. [The political economy of State Budget in Mozambique]
- Ibraimo, Ibraimo: O Direito e a Fiscalidade: Um contributo para o Direito Fiscal Moçambicano, Maputo, 2002. [The Law & the Tax: Contribute to the Mozambican Tax Law]
- Issa, Abdul Carimo; Garcia, Isabel; Jeque, Nelson & Timbane, Tomás – Código de Processo Civil (com alterações de 2005/2009, anotado e jurisprudência moçambicana). [Civil Procedure Code – Amended, annotated and with Mozambican jurisprudence] [not available online]
- Jerónimo, Patrícia, Rui Garrido, and Maria de Assunção do Vale Pereira. "Comentário lusófono à Carta Africana dos Direitos Humanos e dos Povos." (2018).
- Júnior, Almir Santos Reis – Ciências Criminais – Estudos sobre o Direito Penal Moçambicano, Editora Liber Ars Inter Escolas Editores, São Paulo, 2021. [Criminal Sciences - Studies on Criminal Law in Mozambique] [not available online]
- Júnior, Manuel Guilherme – Manual de Direito Comercial, Escolar Editora, Maputo. [Commercial Law Manual] [not available online]
- Kumanga, Martins M. – Descentralização em Moçambique – Desafios da participação democrática e desenvolvimento local, Escolar Editora, Maputo, 2019. [Decentralisation in Mozambique - Challenges of democratic participation and local development] [not available online]
- Libombo, Alda – Lei das Florestas e Fauna Bravia Anotada e Comentada, Maputo, 2005. [Forests and wildlife law annotated] [not available online]
- Limpitlaw, Justine. Media law handbook for southern Africa. Volume 2, KAS, 2021. ISBN 978-1-928535-57-7 (print), 978-1-920707-42-2 (e-book) [Media Law]
- Macie, Albano – Direito do Processo Parlamentar Moçambicano, Maputo, Escolar Editora, 2012. ISBN 9789896700331. [Law of the Mozambican Parliamentary Process] [not available online]
- Macie, Albano – Licções de Direito Administrativo Moçambicano Vol. I, Maputo, Escolar Editora, 2012 [not available online]
- Macie, Albano – Licções de Direito Administrativo Moçambicano Vol. II, Maputo, Escolar Editora, 2012, ISBN: 9789896700980. [not available online]
- Macie, Albano – Licções de Direito Administrativo Moçambicano, Vol. II, actividades administrativas e garantias administrativas, Maputo, Escolar Editora, 2015. [not available online]
- Macie, Albano – Impugnação Contenciosa: do acto administrativo definitivo e executório ao acto lesivo prejudicial?, Maputo, Jurisprudência Analítica, Maputo, 2018. [Contentious Disputes: from the final and enforceable administrative act to the injurious act] [not available online]
- Macie, Albano Macie – Tratado do Direito da Função Pública, Escolar Editora, Maputo, 2021. [Treaty on Public Service Law] [not available online]
- Macie, Albano – Manual de Direito Penal – Parte geral, Vol. I, Escolar Editora, Maputo, 2021. [Criminal Law Manual] [not available online]
- Macie, Albano – Descentralização em Moçambique: Filosofia da Reforma, o presente e o futuro, Escolar Editora, Maputo, 2021. [Decentralisation in Mozambique: Philosophy of Reform, the Present and the Future] [not available online]
- Macuácua, Edson – Moçambique – Constituição Eleitoral e Legislação Eleitoral, Escolar Editora, Maputo, 2019. [Mozambique - Electoral Constitution and Electoral Legislation] [not available online]
- Macuácua, Edson – Código Penal e Código de Processo Penal e Legislação Complementar, Escolar Editora, Maputo, 2021. ISBN: 9789896701239. [Criminal Code and Code of Criminal Procedure and Complementary Legislation] [not available online]
- Marroquim, Stayleir – A Responsablidade Civil dos Administradores das Sociedades Comerciais em Moçambique, ICJ-Faculdade d Direito da Universidade de Lisboa, Coimbra: Almedina, 2011. ISBN 978-972-40-4580-1. [Liability of Company Directors in Mozambique] [not available online]
- Massarongo-Jona, Orquídea & Garcia, Augusto (Eds): Reflexões Sobre o Direito do trabalho e Segurança Social em Moçambique e Macau, Maputo: Imprensa Universitária, 2012. [Reflections on Labor Law and Social Security in Mozambique and Macao] [not available online]
- Massarongo-Jona, Orquídea: Revista de Direitos Humanos: Direitos Sexuais, Reprodutivos e HIV/SIDA, Maputo: Escolar Editora, 2013. [Human Rights Journal: Sexual and Reproductive Rights and HIV/AIDS] [not available online]
- Massarongo-Jona, Orquídea; Wang Wei (coordenação) – Desafios ao direito penal na sociedade do século XXI, Minerva print, Maputo, 2016. [Challenges to criminal law in 21st century society] [not available online]
- Massarongo-Jona, Orquídea; Wang Wei (coordenação) – Igualdade de género nas ordens jurídicas de Moçambique e China: Desafios, Imprensa Universitária, Maputo, 2018. [Gender equality in the legal systems of Mozambique and China: Challenges] [not available online]
- Mondlane, Carlos Pedro – Código de Processo civil e legislação complementar, Escolar Editora, Maputo, 2020. [Code of Civil Procedure and complementary legislation] [not available online]
- Mondlane, Carlos Pedro - Código de Processo Civil - Moçambique - Anotado e Comentado - 3ª Edição, Escolar Editora, Maputo, 2021. ISBN: 9789896701222. [Civil Procedure Code - Mozambique - Annotated and Commented - 3rd Edition] [not available online]
- Mondlane, Carlos Pedro – Colectânea de legislação de família e direitos conexos, Escolar Editora, Maputo, 2020. [Collection of family and related rights legislation] [not available online]
- Neto, António Alberto – Instituições Politicas e Sistemas Constitucionais nos Países Africanos de Expressão Portuguesa, Lisboa: Livraria Kiazele, 2003. ISBN 972-95998-7-4 / 978-972-95998-7-3. [Political institutions and constitutional systems in Lusophone African Countries] [not available online]
- Paulino, Augusto – A tutela dos consumidores de produtos e serviços financeiros no Direito Moçambicano, Almedina Editora, Coimbra, 2017. [The protection of consumers of financial products and services in Mozambican law] [not available online]
- Pequenino, Benjamim – O contrato de parceria público-privado em Moçambique, Escolar Editora, Maputo, 2017. [The public-private partnership contract in Mozambique] [not available online]
- Pinto, Rui - Direitos Reais de Moçambique - Teoria Geral dos Direitos Reais. Posse, Coimbra: Almedina, 2006, ISBN 978-972-40-2619-0. [Property rights in Mozambique – general theory of property rights, possession] [not available online]
- Procuradoria Geral da República – Manual de Investigação e procedimento penal de crimes contra a fauna bravia, Maputo, 2019. [Manual for Investigation and Criminal Procedure on Wildlife Crimes] [not available online]
- Quadros, Maria Conceição; Chiziane, Eduardo – Manual do Direito da Terra, CFJJ: Maputo, 2004. [Land Law Manual] [not available online]
- Rodrigues, Luís Barbosa; Alves, Sílvia – Direito Internacional Público, Geral e Africano, Coimbra: Almedina, 2007 2019. ISBN 9789724021058. [Public international law, general and African] [not available online]
- Ribeiro, Lúcia da Luz – Fiscalização concreta da constitucionalidade no Direito Moçambicano, Escolar Editora, 2019. [Concrete review of constitutionality in Mozambican law] [not available online]
- Ribeiro, Luís Miguel M.S. – Colectânea dos Registos e Notariado de Moçambique, Minervaprint, Maputo, 2015 2019. [Collection of Registries and Notaries of Mozambique] [not available online]
- Sacramento, Luís F.; Chuzuaio, Bernardo – Direito Processual Civil – Acção Executiva e Recursos, Civil [Procedural Law - Executive Action and Appeals Imprensa Universitária, Maputo, 2014, 2019] [not available online]
- Samussone, Anselmo – Legislação Bancária de Moçambique anotada, 2ª edição, Escolar Editora, Maputo, 2018/2019, ISBN: 9789896700898. [Bank Legislation of Mozambique] [not available online]
- Samussone, Anselmo – O Regime Jurídico do Factoring no Direito Moçambicano, Escolar Editora, Maputo, 2017-2019. ISBN: 9789896700850. [The Legal Framework of Factoring in Mozambican Law] [not available online]
- Samussone, Anselmo - Principal Legislação de Moçambique sobre Intervenção, Nacionalização e Privatização de Empresas do Sector Empresarial do Estado, Escolar Editora, Maputo, 2014, 2019; ISBN: 9789896700577. [Main Mozambican Legislation on Intervention, Nationalisation and Privatisation of State-Owned Enterprises] [not available online]
- Santos, Boaventura Sousa; Trindade, João Carlos - Conflito e Transformação Social, Uma Paisagem das Justiças em Moçambique, Lisboa: Edições Afrontamento, 2005-2019, Volume I – ISBN 9789723606409, Volume II – ISBN 9789723606546. [Conflict and social transformation, a landscape of justices in Mozambique] [not available online]
- Santos, José Carlos Gomes – Incentivos Fiscais ao Investimento no Contexto de Subdesenvolvimento e Competição Regional, O caso Moçambicano, Coimbra: Almedina, 2006/2019. ISBN 972-40-2652-3. [Tax incentives to investment in a context of sub-development and regional competition. The Mozambican case] [not available online]
- Serra, Carlos – Lei do Ambiente Anotada e Comentada, Maputo, 2005. [Environmental law annotated] [not available online]
- Serra, Carlos – Colectânea de legislação de família e menores, Maputo, 2015. [not available online]
- Serra, Carlos; Menezes, Sheila – Colectânea de legislação do Trabalho de Moçambique, 2ª edição, Escolar Editora, Maputo, 2021. ISBN: 9789896701307. [Compilation of Mozambican Labour Legislation] [not available online]
- Serra, Carlos; Menezes, Sheila – Colectânea de legislação do ambiente e de conservação, Escolar Editora, Maputo, 2022. [Collection of environmental and conservation legislation] [not available online]
- Sitoe, Oliveira Alexandre – Direito da Energia, tributação e arbitragem internacional, OLSIT, Editora, Maputo, 2022. [Energy law, taxation, and international arbitration] [not available online]
- Sousa, Elísio de – Manual de Direito Criminal Moçambicano, Escolar Editora, Maputo, 2017. ISBN: 9789896700812. [Mozambican Criminal Law Manual] [not available online]
- Sousa, Elísio de - Código Penal Moçambicano – Anotado e Comentado, Escolar Editora, Maputo, 2016, ISBN: 9789896700751. [Mozambican Penal Code - Annotated and Commented] [not available online]
- Timbane, Tomás Luís – A rescisão unilateral do contrato de trabalho com justa causa, Coimbra: Almedina, 2006. ISBN 978-972-40-2936-8. [Unilateral termination with just cause of labour contracts] [not available online]
- Timbane, Tomás Luís – A Revisão do Processo Civil, FDUEM, Maputo, 2007. [Civil Procedure Reform] [not available online]
- Timbane, Tomás Luís – Lições de Processo Civil I, Maputo: Escolar Editora, 2010. ISBN 978-989-670-011-9. [Civil Procedure Lessons] [not available online]
- Timbane, Tomás Luís – Licções de Processo Civil I, 2ª edição revista e actualizada, Escolar Editora, Maputo, 2020. ISBN: 9789896701178. [not available online]
- Timbane, Tomás Luís – A reserva da jurisdição civil – um contributo para o estudo da função jurisdicional em Moçambique, Escolar Editora, Maputo, 2021. [The reservation of civil jurisdiction - a contribution to the study of the jurisdictional function in Mozambique] [not available online]
- Vasques, Sérgio – As Reformas Fiscais Africanas, Lisboa: Fim do Século, 1998, ISBN 972-754-116-X / 978-972-754-116-4. [African tax reforms] [not available online]
- Vasques, Sérgio - Legislação Económica de Moçambique, Lisboa: Almedina, 2004, ISBN 978-972-402-236-9. [Economic legislation of Mozambique] [not available online]
- Waty, Teodoro Andrade – Introdução ao Direito Fiscal, Maputo, 2002. [Introduction to tax law] [not available online]
- Waty, Teodoro Andrade – Introdução ao Direito Bancário, Volume I, Maputo: Editora W&W, 2004. [Introduction to Banking Law] [not available online]
- Waty, Teodoro Andrade – Introdução às Finanças Públicas e Direito Financeiro, Maputo: Editora W&W, 2004. [Introduction to Public Finance & Financial Law] [not available online]
- Waty, Teodoro Andrade – Direito dos Seguros, Maputo: Editora W&W, 2007. [Insurance Law] [not available online]
- Waty, Teodoro Andrade –Direito Económico, Maputo: Editora W&W, 2011. [Economic Law] [not available online]
- Waty, Teodoro Andrade – Contributo para uma Teoria de Descentralização Financeira em Moçambique, Maputo: Editora W&W, 2010. [A Contribute to a Theory of Financial Decentralization in Mozambique] [not available online]
- Wei Dan & Massarongo-Jona, Orquídea (Eds.)– Contribuições Jurídicas sobre a união de facto e Direitos sobre a terra em Macau e Moçambique, Macau-China: Tipografia Macau Hung Heng, 2011. [Legal Contributions on Common-law marriage and Land Rights in Macao & Mozambique] [not available online]
- Wei Dan & Massarongo-Jona (coordenação) – Direitos das criança e da mulher, Macau, 2017. ISBN:978-99965-1-091-5. [Children's and women's rights] [not available online]
- Ordem dos Advogados de Moçambique (OAM) – Relatório sobre Direitos Humanos em Moçambique, 2020/2021 [Mozambique Human Rights Report]
- Relatório sobre Direitos Humanos em Moçambique, 2019. Liga dos Direitos Humanos – Relatório sobre Direitos Humanos em Moçambique, LDH, 2009.
188.8.131.52. Books in English
- Birmingham, David – Portugal in Africa, Athens: Ohio University Press, 2004; ISBN 089680237X / 978-0896802377.
- Birmingham, David – The Decolonization of Africa, Oxford: Routledge, 1995. ISBN 1857285409 / 978-1857285406. [not available online]
- Birmingham, David - Frontline Nationalism in Angola and Mozambique, Oxford: James Currey Ltd, 1993, ISBN – 0852550839 / 0852550839. [not available online]
- Bur, Lars / Kyed, Helene Maria - State Recognition of Traditional Authority in Mozambique: The Nexus of Community Representation and State Assistance, Copenhagen: Nordic African Institute, 2005. IBAN 978-9171065476.
- Chabal, Patrick – Power in Africa: An Essay in Political Interpretation, Basingstoke: Palgrave MacMillan, 1993, ISBN 033-35-5579-1 / 978-033-35-5579-8. [not available online]
- Chabal, Patrick / Daloz, Jean-Pascal – Africa Works: Disorder as Political Instrument, Oxford: James Currey Ltd, 1999, ISBN: 978-085-25-5814-0. [not available online]
- Chabal, Patrick / Daloz, Jean-Pascal - Culture Troubles: Politics and the Interpretation of Meaning, London: Hurst & Company, 2005, ISBN 185-06-5800-5 / 978-185-06-5800-9. [not available online]
- Chabal, Patrick / Birmingham, David / Forrest, Joshua / Newitt, Malyn / Seibert, Gerhard / Andrade, Elisa – A History of Postcolonial Lusophone Africa, London: Hurst & Company, 2002, ISBN 185-06-5589-8 / 978-185-06-5589-3. [not available online]
- Guedes, Armando Marques / Lopes, Maria José - State and Traditional Law in Angola and Mozambique, Coimbra: Almedina, 2006, ISBN 978-972-40-3051-7.
- Finnegan, William – A Complicated War: The Harrowing of Mozambique, Berkeley: University of California Press, 1993.
- Mancuso, Salvatore (Editor) – The Harmonization of Commercial Laws in Africa and its Advantage for Chinese Investments in Africa, University of Macau, 2008, ISBN 978-99937-970-4-3. [not available online]
- Newitt, Malyn – A History of Mozambique, London: Hurst and Company, 1994, ISBN 978-185-06-5172-7. [not available online]
- Newit, Malyn – Portugal in Africa: The Last Hundred Years, London: Hurst and Company, 1981, ISBN 090-58-3849-1 / 978-090-58-3849-6. [not available online]
- Newitt, Malyn / Chabal, Patrick / Macqueen, Norrie (ed) - Community & the State in Lusophone Africa, London: Kings College London, 2003, ISBN: 189-77-4715-2 / 978-189-7747-1. [not available online]
- Sachs, Albie / Welch, Gita Onwana - Liberating the Law: Creating Popular Justice in Mozambique, London: Zed Books, 1991, IBAN 978-0862329211. [not available online]
- Young, Tom / Hall, Margaret - Confronting Leviathan: Mozambique Since Independence, London: Hurst, 1997, ISBN 978-1850651161. [not available online]
4.2.2. Journals Articles about Mozambique
Searching with the words “Mozambique” and “Moçambique” in journals included in an online database such as Westlaw can be a starting point, as it brings out hundreds of articles. In addition, some of the libraries indicated below catalogue journal articles about Mozambique. Below are a few links to full-text articles that can be found for free on the internet:
- Araújo, Sara - Pluralismo Jurídico e Emancipação Social: Instancias Comunitárias de Resolução de Conflitos em Moçambique. [Legal pluralism and social emancipation: dispute resolution in Mozambique]
- Bastos, Fernando Loureiro – O Direito Internacional na Constituição Moçambicana de 2004. [International law in the 2004 Mozambican constitution]
- Chiziane, Eduardo - As Autarquias Locais e o Desenvolvimento do Turismo em Moçambique. [Municipalities and the development of tourism in Mozambique]
- Chiziane, Eduardo - Implicações Jurídicas do Debate sobre a Implementação da Legislação das Terras. [Legal Implications of the debate over the implementation of the land laws]
- Chiziane, Eduardo – As tendências de re-concentração e re-centralização administrativa em Moçambique, [Trends of Concentration and administrative re-centralization in Mozambique]
- Cistac, Gilles – Historia do Direito Processual Administrativo Contencioso Moçambicano; [History of the administrative litigation procedure in Mozambique]
- Correia, José Sérvulo - A Execução das Sentenças Proferidas em Recurso Contencioso pelo Tribunal Administrativo de Moçambique; [Enforcement of administrative court decisions in Mozambique]
- Fernandes, Juliano Augusto - ; [The presence of the public prosecutor in the courts]
- Fragoso, Américo Oliveira – Contratos de Adesão no Novo Código Comercial de Moçambique; [Standard form contracts in the new Mozambican commercial code]
- Fragoso, Américo Oliveira - O HIV/SIDA em Moçambique - Breves Considerações Jurídico-Laborais; [HIV in Mozambique – Legal implications on labour]
- Massarongo-Jona, Orquídea. "A pandemia da COVID-19 no espaço da Lusofonia: a visão de direitos humanos no direito moçambicano." Cadernos Ibero-Americanos de Direito Sanitário 10.2 (2021): 258-266. [COVID Pandemic and Human Rignts]
- Massarongo-Jona, Orquídia. "O Direito à Saúde como Um direito humano em Moçambique." Cadernos Ibero-Americanos de Direito Sanitário 5 (2016): 152-164. [Health Rights]
- Timbane, Tomas - A Revisão do Processo Civil de 2005; [The 2005 revision of the code of civil procedure]
- Vicente, Dário, - Arbitragem e Outros Meios de Resolução Extrajudicial de Litígios no Direito Moçambicano; [Arbitration and other forms of dispute resolution in Mozambican law]
4.2.3. News Sources about Mozambique
The three main official news sources in Mozambique are: Jornal de Notícias, Televisão de Moçambique and Rádio de Moçambique. In any case, news in Portuguese (and English, but to a lesser extent) about Mozambique can be found through any search engine. There are also private sources with wide acceptance in Mozambique providing independent news, namely: STV (Soico Televisão), Televisão Independente de Moçambique (TIM), MIRAMAR, TVSucesso, Strong Live, Mega TV, Tv Muniga, Gungu TV, Media Mais TV, Jornal O País, Semanário Savana, Semanário Zambeze and MediaFax.
4.2.4. Public Information in Mozambique
There is a general lack of public information and of uniformity and consistency in the analysis of published data. The National Statistics Institute should be responsible for publishing statistics about the country; however, this has not been the case for the legal and justice sector. Most of the information about the legal system comes from the speeches given by the President of the Supreme Court when opening the judicial year and from the print publication Estatisticas Judiciais, which is anyway published with a two-year delay over the collection of data.
5. Legal Education
There were an increasing number of universities or institutions providing higher education in Mozambique offering a four-year degree in law:
- Escola Superior de Economia e Gestão de Moçambique (ESEG)
- Instituto Superior de Ciências e Tecnologia de Moçambique (ISCTEM)
- Universidade WUTIVI (UNITIVA)
- Universidade A Politécnica desde 2007 (anteriormente denominada Instituto Superior Politécnico e Universitário)
- Universidade Católica de Moçambique (UCM)
- Universidade Eduardo Mondlane (UEM)
- Universidade Jean Piaget de Moçambique
- Universidade Mussa Bin bique
- Universidade Técnica de Moçambique (UDM)
- Universidade de Nachingweia (UNA)
6. Legal Profession
Decree Law 4/75 of 16 August ordered all Mozambican law firms and practices to be closed, thus banning legal private practice in the country. There should be instead a National Service for Legal Consultancy and Assistance - Serviço Nacional de Consulta e Assistência Jurídica (SNCAJ) – under the Public Prosecutor’s Office, which ended up never being created.
Lawyers had to wait until Law 3/86 of 16 April, which regulated legal consultation and assistance to the citizens, to see themselves dully considered by the state as guardians and developers of legality and justice. The activity of the lawyers was developed through INAJ (National Institute of Juridical assistance).
In 1994 there were major developments for law practitioners, as it was established the Mozambican Bar Association by Law 7/94 of 14 September to regulate the profession of lawyers and the creation of IPAJ to guarantee legal assistance and access to justice to those citizens without means. The IPAJ (Institito de Patrocínio e Assistência Jurídica) is structured under the Ministry of Justice.
Since 2009, there is a new law n° 28/09, of 29 September regulating the profession of Lawyers, which revoked the previous regulation of Law n° 7/94, of 14 September. Nowadays lawyers are legally qualified individuals who are members of the Mozambique Bar Association. To be admitted to the Mozambique Bar Association law graduates need to go through a two-year internship with a practicing lawyer. After that, they perform a National Exam to be admitted at the Bar Association as a Lawyer.
Judicial courts in Mozambique have professional judges and elected judges. Professional judges should have a degree in law and legal training provided since 1999 by the Centre for Legal and Judicial Training (CEJJ). Elected judges are elected community members who represent citizens in the courts.
The career of professional judges is ruled by the Constitution, the Organic Law of the Judiciary, and the Statute of Judicial Magistracy. Essentially the Higher Council of the Judiciary nominates and manages professional judges in all judicial courts and recommends judges to be nominated to the Supreme Court. These would be selected through public tender amongst judges with over eight years of experience.
The President of the Republic nominates the President and Vice-President of the Supreme Court, after consultation with the Higher Council of the Judiciary, the President of the Administrative Court, and the President of the Constitutional Council. These nominations need to be ratified by the Parliament. Elected judges should be proposed by social, cultural, civic, and professional organizations and associations. On the other hand, it is the Parliament who should organize the election of judges to the higher courts. Elected judges can participate in first instance trials but cannot conduct any interpretation of the law. They can only decide on factual matters only grounds of common sense and equality.
6.3. Public Prosecutors
The Public Prosecutor's Office, subject to Articles 233 to 239 of the Constitution, constitutes an organized hierarchical magistracy which is subordinate to the Prosecutor General of the Republic (Procurador Gerald a República). Public Prosecutors shall have a Law degree and legal training provided by the Centre for Legal and Judicial Training (CFJJ). The Constitution, the Organic Law and the Statute of the Judiciary of the Public Prosecution Service govern Public Prosecutors. Essentially, the Superior Council appoints and manages the Public Prosecutors in all courts. The Public Prosecutor's Office represents the State in court, controls the legality of acts, represents incapacitated persons, absentees, and defends the interests of minors. More details on Public Prosecutors and the Attorney General can be found here.
7. Other Resources for Legal Research
7.1. Online Bookshops / Major Publishers (Portuguese)
In the absence of a prolific Mozambican legal publisher, this section gives an indication of some online publishers/bookshops where researchers can find and order books about Mozambique in Portuguese:
- Coimbra Editora Plural Editores
- CFJJ/Kapicua [not available online]
- Imprensa Universitária (Eduardo Mondlane University)
- Alcance Editores
- Escolar Editora
7.2. Online Bookshops/Major Publishers (English)
This section indicates a few bookshops where the English-language publications listed above can be found and the main English language publishers that have books about Lusophone Africa and Mozambique.
- Africa Book Centre
- African Books Collective
- Hurst and Co.
- James Currey Ltd.
- Ohio University Press
- Pretoria University Law Press
7.3. Online Library Catalogues (Portuguese)
The Mozambican National Library does not yet have a website or an online catalogue. There is also the Main Library at Universidade Eduardo Mondlane, called “Biblioteca Brazão Mazula” with online catalogue. To access this library, one can go to this webpage. Other National Libraries are indicated below:
- Biblioteca do Centro de Formação Jurídica e Judiciária (CFJJ) [not available online]
- Biblioteca da Faculdade de Direito da Universidade Eduardo Mondlane [not available online]
- Biblioteca da Ordem dos Advogados de Moçambique [not available online]
- Mediateca do BCI [not available online]
- Biblioteca do Tribunal Supremo [not available online]
- Biblioteca da Assembleia da República [not available online]
- Instituto de Camões (Embaixada de Portugal)
- Biblioteca da Universidade Católica de Moçambique (UCM)
In any case, all the Portuguese language books listed above (and more) and journal articles can be found in the catalogues of the Portuguese National Library and Portuguese university libraries listed below. They may be available for inter-library loans.
- Biblioteca Nacional de Portugal
- Biblioteca da Ordem dos Advogados (Portugal)
- Biblioteca da Universidade Católica Portuguesa
- Biblioteca da Faculdade de Direito de Coimbra
- Biblioteca da Faculdade de Direito de LisboaBiblioteca da Faculdade de Direito da Universidade Nova de Lisboa
- Biblioteca do ISCTE
- Biblioteca do Centro de Estudos Judiciários (CEJ)
A few examples of Portuguese keywords that can be used to search these catalogues: África, Moçambique, PALOP, Colónias, Colonização, Colonial, Lusófono, Lusofonia.
7.4. Research Centres (Within Mozambique)
There are few research centres in Mozambique. However, they produce comprehensive studies on the Mozambican legal system. Some suggestions are:
- CEA - Centre for African Studies, Faculty of Arts (UEM)
- CDH - Centre for Human Rights, Faculty of Law (UEM)
- CDS - Centre for Social Rights, Law Faculty (UEM)
- CEDAB - Centre for Environmental Law, Biodiversity and Quality of Life of the Faculty of Law (UEM)
- CFJJ - Centre for Legal and Judicial Training (Ministry of Justice)
- CIP - Centre for Public Integrity
- CEDES - Centre for Studies and Development
- EISA - Electoral Institute for Southern Africa (Mozambican Branch)
- IESE - Institute of Social and Economic Studies.
7.5. Research Centres (Outside Mozambique)
- There are many research centres that focus on African studies. Below are some suggestions of centres that have hosted recent research projects on Mozambique and that have very good (and searchable) online library catalogues.
- African Studies Association (New Jersey, USA)
- Centre for African Studies (Leiden, Netherlands)
- Afrimap.org (Johannesburg, South Africa)
- Centre for Human Rights, Faculty of Law, University of Pretoria (Pretoria, South Africa)
- Centre for African Studies at ISCTE (Lisbon, Portugal)
- Centre for Social Studies, Faculty of Economics, Univ. of Coimbra (Coimbra, Portugal)
- Centre for Legal Studies, University of Macau
- CHR - Michelsen Institute (Bergen, Norway)
- Council for the Development of Social Science Research in Africa (Dakar, Senegal)
- Danish Institute of International Studies (Copenhagen, Denmark)
- King's College London (London, UK)
- Institute of Advanced Legal Studies, Faculty of Law, University of Macau (Macau, China)
- Institute for Legal Cooperation, Faculty of Law, University of Lisbon (Lisbon, Portugal)
- Memoria de África (Aveiro, Portugal)
- Open Society Initiative for Southern Africa (Johannesburg, South Africa)
- SOAS (London, United Kingdom)
- Swiss Institute of Comparative Law (Lausanne, Switzerland)