The Constitution Of The Republic of Mozambique

 

 

Constitution of the Republic of Mozambique

Table of Contents

Part I-Basic Principles

Chapter I-The Republic
Chapter II-Nationality
Chapter III-Participation in the Political Life of the State
Chapter IV-Economic and Social Organisation
Chapter V-National Defence
Chapter VI-Foreign Policy

Part II-Fundamental Rights, Duties and Freedoms

Chapter I-General Principles
Chapter II-Rights, Duties and Freedoms
Chapter III-Economic and Social Rights and Duties
Chapter IV-Guarantees of Rights and Freedoms

Part III-Organs of State

Chapter I-General Principles
Chapter II-The President of the Republic
Chapter III-Assembly of the Republic
Chapter IV-Council of Ministers
Chapter V- National Defence and Security Council
Chapter VI-The Courts
Chapter VII-The Office of the Attorney-General
Chapter VIII-Constitutional Council
Chapter IX-Local Organs of the State
Chapter X-Incompatibility

Part IV-Symbols, Currency and Capital of the Republic

Part V-Amending the Constitution

Part VI-Concluding and Transitional Provisions

 

 

CONTENTS

Introduction  
Preface  
Preamble  
Part I Basic principles  Article
Ch. I The Republic  1–10
Ch. II Nationality  11–29
Ch. III Participation in the political life of the State 30–34
Ch. IV Economic and social organisation  35–58
Ch. V National defence  59–61
Ch. VI Foreign policy  62–65
Part II Fundamental rights, duties and freedoms
Ch. I General principles  66–72
Ch. II Rights, duties and freedoms  73–85
Ch. III Economic and social rights and duties  86–95
Ch. IV Guarantees of rights and freedoms  96–106
Part III Organs of State 
Ch. I General principles  107–116
Ch. II The President of the Republic  117–132
Ch. III Assembly of the Republic  133–148
Ch. IV Council of Ministers  149–157
Ch. V National Defence and Security Council  158–160
Ch. VI The Courts  161–175
Ch. VII The Office of the Attorney-General  176–179
Ch. VIII Constitutional Council  180–184
Ch. IX Local organs of the State  185–191
Ch. X Incompatibility  192
Part IV Symbols, currency and capital of the Republic 193–197
Part V Amending the Constitution  198–199
Part VI Concluding and transitional provisions 200–206

 

PREAMBLE  

At zero hours on 25 June 1975, the Central Committee of the Mozambique Liberation Front (FRELIMO) solemnly proclaimed the total and complete independence of Mozambique and its establishment as the People’s Republic of Mozambique.

This was the culmination of a centuries long process of resistance to colonial rule. It was the unforgettable victory of the armed national liberation struggle, led by FRELIMO, which united, under the same ideals of freedom, unity, justice and progress, patriots from all levels of Mozambican society.

The Constitution, as then proclaimed, recognised the determinant role of FRELIMO as the legitimate representative of the Mozambican people. Under its leadership, the process of the exercise of state power as an expression of the people’s will was begun. The State that we created has made it possible for the Mozambican people to strengten democracy and, for the first time in its history, to exercise political power and to organise and direct social and economic affairs at a national level.

The experience of the operation of State institutions and the exercise of democracy by citizens has created the need for change and new definitions.

After 15 years of independence, the Mozambican people, in the exercise of their inalienable right to sovereignty and determined to consolidate the nation’s unity and to respect the dignity of all Mozambicans, adopts and proclaims this Constitution, which shall be the fundamental law for all political and social organisation in the Republic of Mozambique.

The fundamental rights and freedoms enshrined in the Constitution are the achievements of the Mozambican people’s struggle to build a society of social justice, where the equality of citizens and the rule of law are the pillars of democracy.

We, the Mozambican people, determined to strengthen our country’s political order, pluralism of opinion, have decided to organise society in such a way that the will of the most important precept of our sovereignty in a spirit of responsibility and the citizens shall be

PART I

BASIC PRINCIPLES

CHAPTER I
THE REPUBLIC

ARTICLE 1
The Republic of Mozambique is an independent, sovereign, unitary and democratic state of social justice.

ARTICLE 2
1. Sovereignty is vested in the people.

2. The Mozambican people shall exercise their sovereignty in the manner provided for in the Constitution.

ARTICLE 3
1. The territory of the Republic of Mozambique is unitary, indivisible and inalienable, comprising the entire land surface, territorial waters and air space delimited by the national boundaries.

2. The breadth, limits and legal order of Mozambique’s territorial waters, the exclusive economic zone, the
contiguous zone and seabed rights shall be fixed by law.

ARTICLE 4
1. The territory of the Republic of Mozambique shall be subdivided into provinces, districts, administrative posts and localities.

2. Urban zones shall be classified as either cities or towns.

3. The characteristics of each of the levels of territorial organisation and the creation of new levels, as well as the areas of authority within the political and administrative organisation shall be fixed by law.

ARTICLE 5
1. In the Republic of Mozambique, Portuguese is the official language.

2. The State recognises the value of the national languages and shall promote their development and increased role as languages which are used in the daily life and in the education of citizens.

ARTICLE 6
The fundamental aims of the Republic of Mozambique are:

a) the defence of independence and sovereignty;
b) the consolidation of national unity;
c) the building of a society of social justice, and the achievement of material and spiritual well-being for its citizens;
d) the defence and promotion of human rights and the equality of citizens before the law;
e) the strengthening of democracy, freedom and social and individual stability;
f) the development of the economy and scientific and technological progress;
g) the affirmation of the Mozambican character, its traditions and other social and cultural values;
h) the establishment and development of relations of friendship and cooperation with other peoples and states.

ARTICLE 7
1. The Republic of Mozambique upholds the values of the heroic struggle and centuries of resistance by the Mozambican people against foreign domination.

2. In the building of the Mozambican nation, in the strengthening of national unity, and in the promotion of the democratic participation of citizens, the State shall retain as a national heritage the decisive role played by the Mozambique Liberation Front (FRELIMO) in the victory over colonialism and in the winning of national independence.

ARTICLE 8
1. The Republic of Mozambique acknowledges and shall honour the sacrifices made by those who gave their lives for the national liberation struggle and for the defence of the country’s sovereignty.

2. The state shall guarantee the special care and protection of both those who suffered permanent injury in the national liberation struggle and in the defence of independence, sovereignty and territorial integrity as well as the orphans and other dependents of those who died in this cause.

ARTICLE 9
1. The Republic of Mozambique is a secular State.

2. The activity of religious institutions shall be subject to the law.

3. The State recognises and values the activities of religious denominations which promote a climate of social understanding and tolerance and strengthen national unity.

ARTICLE 10
The symbols of the Republic of Mozambique shall be the national flag, emblem and anthem.

CHAPTER II

NATIONALITY

SECTION I
ORIGINAL NATIONALITY

ARTICLE 11
1. Mozambicans are persons born in Mozambique who:

a) are children of a father or a mother who was born in Mozambique;
b) are children whose parents are unknown, stateless or of unknown nationality;
c) were domiciled in Mozambique at the time of independence;
d) established their domicile in Mozambique within 90 days of the proclamation of independence;
e) have been previously granted original nationality by the President of the Republic.

2. Persons referred to in 1 c) above, insofar as they are children of a foreign father and a foreign mother,
do not have Mozambican nationality if, within 90 days of the proclamation of independence, they
declared for themselves, if over 18 years of age, or through their parents or guardian, if younger than
18, that they did not wish to be Mozambican.

ARTICLE 12
1. Mozambicans are those persons born in Mozambique after the proclamation of independence.

2. This rule shall not apply to children of a foreign father and a foreign mother, if either of them is in Mozambique in the employ of the government of his or her country.

3. The persons referred to in 1. above, if born of foreign parents, shall only have Mozambican nationality if they declare, for themselves if over 18 years of age, or through their parents or guardians if younger than 18, that they wish to be Mozambican. 4. The time limit for the declaration referred to in the previous paragraph is 90 days, to be counted from  the date of birth where the declaration is made by a parent or guardian, or the eighteenth birthday where the declaration is made personally.

ARTICLE 13
Mozambicans are persons not covered by other legal provisions, who took part in the national liberation struggle, have declared that they wish to be Mozambican, and have expressly renounced any other nationality.

ARTICLE 14
Mozambicans are the children of a Mozambican mother or father who took part in the national liberation struggle, even though born abroad before the proclamation of independence.

ARTICLE 15
Mozambicans are persons who, although satisfying the prerequisites for original nationality, did not acquire such nationality due to a choice made by their parents or guardian, provided they personally declare, within a year of reaching the age of 18, that they wish to be Mozambican.

ARTICLE 16
Mozambicans are those persons not covered by the previous articles who had been living in Mozambique for at least 20 years prior to the date of independence, provided that they declared, within 90 days of the proclamation of independence, that they wished to be Mozambican.

ARTICLE 17
Mozambicans are those persons not covered by previous articles who were less than 40 years old at the time of independence and who were domiciled in Mozambique for a period of time longer than half their life, provided that they declared, within 90 days of the proclamation of independence, on their own behalf if they were older than 18, or through their parents or guardians if younger, that they wished to be Mozambican.

ARTICLE 18
Mozambicans are the children of a Mozambican mother or father working for the Mozambican State outside the country, even if born abroad.

ARTICLE 19
Mozambicans are the children of a Mozambican mother or father even if born outside the country, provided that they expressly renounce, on their own behalf if they are older than 18, or through their parents or guardians if younger, any other nationality to which they may be entitled.

ARTICLE 20
Mozambicans are persons to whom the President has previously granted original nationality in recognition of relevant services to the cause of national liberation.

SECTION II

NATURALISATION

ARTICLE 21
A foreign woman who has married a Mozambican citizen acquires Mozambican nationality if she meets all of the following conditions:

a) she renounces her previous nationality,
b) she declares that she wishes to acquire Mozambican nationality,
c) she establishes domicile in Mozambique, and
d) she meets the other requirements set by law.

ARTICLE 22
Mozambican nationality may be granted by naturalisation to foreigners who, at the time of their request, meet all the following conditions:

a) they renounce their previous nationality;
b) they have resided habitually and regularly in Mozambique for at least ten years;
c) they are over 18 years old; and
d) they meet the other requirements set by law.

ARTICLE 23
Mozambican nationality may be granted by naturalisation to the unmarried children, under 18 years of age, of a naturalised citizen.

SECTION III

LOSS OF NATIONALITY

ARTICLE 24
Mozambican nationality shall be lost by any person who:

a) voluntarily acquires a foreign nationality;
b) without authorisation from the Government, agrees to provide services to a foreign State which may prejudice the higher interests of the nation or the sovereignty of the State;
c) being also a citizen of another State, duly declares, that he or she does not wish to be Mozambican, or having attained the age of majority, behaves in fact as a foreign national;
d) having as a minor obtained Mozambican nationality by virtue of a parent’s or guardian’s declaration, renounces, in accordance with the requisite procedures and within one year of reaching the age of majority, his or her Mozambican nationality, provided he or she can demonstrate possession of another nationality; or
e) expressly renounces Mozambican nationality.

SECTION IV

REACQUISITION OF NATIONALITY

ARTICLE 25
1. Mozambican nationality may be granted to persons who have first lost and now wish to reclaim such nationality, provided that they meet all the following conditions:

a) that they renounce their previous nationality;
b) that they establish domicile in Mozambique; and
c) that they meet the other requirements set by law.

2. Such reacquisition of nationality shall restore the legal status held prior to the loss of nationality.

ARTICLE 26
1. A Mozambican woman who has lost her nationality through marriage may reclaim it:

a) if she has not acquired any other nationality, by furnishing ordinary proof of this; or
b) if she has acquired another nationality, by the express renunciation thereof.

2. Such reacquisition of nationality shall restore the legal status held prior to the loss of nationality.

SECTION V

MISCELLANEOUS PROVISIONS

ARTICLE 27
Any other nationality of persons who are Mozambican nationals under the terms of Mozambican law shall not be recognised nor have any legal effect internally in the Republic of Mozambique.

ARTICLE 28
The registration and proof of acquisition, loss and reacquisition of Mozambican nationality shall be regulated by law.

ARTICLE 29
1. Naturalised citizens shall not be eligible for a career in the diplomatic or military service or any such equivalent.

2. The law shall define conditions under which naturalised Mozambican citizens and foreigners may exercise public functions or private functions of public interest.

 

CHAPTER III
PARTICIPATION IN THE POLITICAL LIFE OF THE STATE

ARTICLE 30
The Mozambican people shall exercise political power through electing their representatives by universal, direct, secret and periodic suffrage, through referenda on major national issues, and through permanent democratic participation by citizens in the affairs of the nation.

ARTICLE 31
1. Parties are the expression of political pluralism, competing to form and express popular will, and are the fundamental instruments for the democratic participation of citizens in the governing of the country.

2. The internal structure and the operation of political parties shall be democratic.

ARTICLE 32
1. In profound respect for national unity, political parties are bound by the principles enshrined in the Constitution and in the law.

2. The formation and operation of political parties shall, in particular:

a) be national in scope;
b) uphold national interests;
c) contribute to the formation of public opinion, especially on major national issues; and
d) strengthen the patriotic spirit of citizens and the consolidation of the Mozambican nation.

3. Parties shall contribute, through the political and civic education of citizens, towards peace and stability
in the country.

4. The formation, structure and operation of parties shall be regulated by law.

ARTICLE 33
Political parties shall be prohibited from advocating or resorting to violence in order to change the political and social order of the country.

ARTICLE 34
1. Social organisations, as associations of citizens having joint interests and affinities, have an important role in promoting democracy and in the participation of citizens in political affairs.

2. Social organisations contribute to achieving the rights and freedoms of citizens, as well as towards the raising of individual and social consciousness in the fulfilment of civic duties.

CHAPTER IV

ECONOMIC AND SOCIAL ORGANISATION

ARTICLE 35
1. The ownership of natural resources located in the soil and the subsoil, in interior and territorial waters, on the continental shelf, and in the exclusive economic zone is vested in the State. 2. The public domain of the State shall also include:

a) the maritime zone;
b) the airspace;
c) archaeological heritage;
d) nature conservation zones;
e) hydro-power resources;
f) energy resources;
g) other property and assets classified as such by law.

ARTICLE 36
The State shall, with regard to the national interest, promote the inventory, the knowledge and the development of natural resources and shall determine the conditions for their use and enjoyment.

ARTICLE 37
The State shall promote efforts to guarantee the ecological balance and the conservation and preservation of the environment for the betterment of the quality of life of its citizens.

ARTICLE 38
Through the participation of citizens and the efficient use of human and material resources, the objective of State economic policy shall be to lay the fundamental bases for development, to improve the living conditions of the people, to strengthen the sovereignty of the State, and to consolidate national unity.

ARTICLE 39
1. In the Republic of Mozambique agriculture is the basis of national development.

2. The State shall guarantee and shall promote rural development in order to meet the diverse and increasing needs of the people and to ensure the economic and social progress of the country.

ARTICLE 40
In the Republic of Mozambique industry has a dynamising role in the development of the national economy.

ARTICLE 41
1. The economic order of the Republic of Mozambique shall be based on the value of labour, on market forces, on the initiatives of economic agents, on the participation of all types of ownership, and on the role of the State in regulating and promoting economic and social growth and development in order to satisfy the basic needs of the people and to promote social well-being.

2. The national economy includes the following complementary types of ownership:

a) state ownership;
b) cooperative ownership;
c) joint private-state ownership;
d) private ownership.

3. The State shall ensure that economic activities conform with the Constitution and the law.

ARTICLE 42
1. In satisfying the basic needs of the people, the family sector plays a fundamental role.

2. The State shall support and provide incentives for family sector production, and shall encourage peasants as well as individual labourers to organise themselves into more advanced forms of production.

ARTICLE 43
The State shall promote and support the active participation of the national business sector in the development and consolidation of the country’s economy.

ARTICLE 44
The State recognises the contribution made by small scale production to the national economy, and shall support its development as a way of making good use of the capacities and creativity of the people.

ARTICLE 45
1. Foreign investment shall operate within the framework of State economic policy.

2. Foreign ventures shall be permitted in all economic sectors, except those that are exclusively reserved for State ownership or development by the State.

ARTICLE 46
1. Ownership of land is vested in the State.

2. Land may not be sold, mortgaged, or otherwise encumbered or alienated.

3. As a universal means for the creation of wealth and social well-being, the use and enjoyment of land shall be the right of all the Mozambican people.

ARTICLE 47
1. The State shall determine the conditions for the use and enjoyment of land.

2. The right to the use and enjoyment of land shall be granted to individual or collective persons, taking into account its social purpose.

3. The terms for the establishment of rights in respect of land shall be governed by law and shall prioritise direct users and producers. The law shall not permit such rights to be used to favour situations of economic domination or privilege to the detriment of the majority of citizens.

ARTICLE 48
In granting titles for the use and enjoyment of land, the State shall recognise and protect rights acquired through inheritance or occupation, unless there is a legal reservation or the land has been legally attributed to another person or entity.

ARTICLE 49
1. The State shall promote and coordinate economic activity, acting directly or indirectly to resolve the fundamental problems of the people and to reduce social and regional inequalities.

2. State investment shall play a dynamising role in promoting development.

ARTICLE 50
Taxes shall be established or altered by law, and shall be set according to criteria of social justice.

ARTICLE 51
1. Labour shall be protected and dignified and shall be the driving force of development.

2. The State shall promote the just distribution of the proceeds of labour.

ARTICLE 52
1. The Republic of Mozambique shall promote an educational strategy which has as its objective national unity, wiping out illiteracy, mastering science and technology, and providing citizens with moral and civic values.

2. The State shall organise and develop education through a national educational system.

3. Education provided by collective and other entities shall operate in accordance with the law and shall be subject to State supervision.

ARTICLE 53
1. The State shall promote the development of national culture and identity, and shall guarantee free expression of the traditions and values of Mozambican society.

2. The State shall promote the dissemination of Mozambican culture and shall take action to enable the Mozambican people to benefit from the cultural achievements of other peoples.

ARTICLE 54
1. Medical and health care for citizens shall be organised through a national health service which shall benefit all Mozambicans.

2. To achieve the goals of the national health system, the law shall regulate the delivery of medical and health
care.

3. The State shall promote the participation of citizens and institutions in the raising of the level of public health care.

ARTICLE 55
1. The family is the basic unit of society.

2. The State recognises and shall protect, in accordance with the law, marriage as the institution that secures the values of the family.

3. In the context of developing social relations based on respect for human dignity, the State shall guarantee the principle that marriage is based on free consent.

ARTICLE 56
1. Motherhood shall be protected and dignified.

2. The family shall be responsible for raising children in a harmonious manner, and teaching them moral and social values.

3. The family and the State shall ensure that children receive a comprehensive education, bringing them up in the values

of national unity, love for their country, human equality, social respect and solidarity.

4. Children may not be discriminated against on grounds of their birth, nor subjected to ill treatment.

5. State and society shall protect orphans and abandoned children.

ARTICLE 57
1. The State shall promote and support the emancipation of women, and shall provide incentives to increase the role of women in society.

2. The State recognises and shall honour the participation of Mozambican women in the national liberation process.

3. The State recognises the value of, and shall encourage, the participation of women in the defence of the country and in all spheres of the country’s political, economic, social and cultural activity.

ARTICLE 58
1. Youth, upholding the patriotic traditions of the Mozambican people, played a decisive role in the national liberation struggle and constitute a force for the renewal of Mozambican society.

2. The objectives of State policies shall include in particular the harmonious development of the character of young people, helping them acquire a taste for freely creative work, developing their sense of social consciousness and providing appropriate conditions for their entering into active life.

3. The State shall promote, support and encourage young people’s initiatives in consolidating national unity and in the reconstruction, development and defence of the country.

CHAPTER V

NATIONAL DEFENCE

ARTICLE 59
The objective of the State’s defence and security policy shall be to defend national independence, preserve the country’s sovereignty and integrity, and guarantee the normal functioning of institutions and the security of citizens against any armed aggression.

ARTICLE 60
1. The defence and security forces shall be subordinate to national defence and security policy, and shall owe allegiance to the Constitution and to the Nation.

2. The oath taken by members of the defence and security forces shall establish their duty to respect
the Constitution.

ARTICLE 61
Citizens shall be encouraged to join civil defence units, particularly for the protection of economic, social and production infrastructures.

CHAPTER VI

FOREIGN POLICY

ARTICLE 62
1. The Republic of Mozambique, as a non-aligned country, shall establish relations of friendship and cooperation with other  states  on  the  basis  of  the  principles  of  mutual  respect  for  sovereignty  and  territorial  integrity,  equality, non-interference in internal matters and reciprocity of benefits.

2. The Republic of Mozambique shall accept, observe and apply the principles of the United Nations Charter and of the Charter of the Organisation of African Unity.

ARTICLE 63
1. The Republic of Mozambique shall be in solidarity with the struggle of the African peoples and states for unity in respect of their freedom, dignity, and right to economic and social progress.

2. The Republic of Mozambique shall seek to strengthen relations with countries engaged in the consolidation of their national independence and the recovery of the use and control of their natural resources for the benefit of their peoples.

3. The Republic of Mozambique shall join with all states struggling for the establishment of a just and equitable international economic order.

ARTICLE 64
1. The Republic of Mozambique shall support and be in solidarity with the struggles of peoples for their national liberation.

2. The Republic of Mozambique shall grant asylum to foreigners persecuted because of their fight for peace, democracy, national and social liberation, or their defence of human rights.

ARTICLE 65
1. The Republic of Mozambique shall pursue a policy of peace, and shall only resort to force in the case of legitimate defence.

2. The Republic of Mozambique shall support the primacy of a negotiated settlement of conflicts.

3. The Republic of Mozambique shall support the principle of general and universal disarmament of all states.

4. The Republic of Mozambique shall advocate the transformation of the Indian Ocean into a nuclear free zone of peace.

PART II

FUNDAMENTAL RIGHTS, DUTIES AND FREEDOMS

CHAPTER I
GENERAL PRINCIPLES

ARTICLE 66
All citizens are equal before the law. They shall enjoy the same rights, and shall be subject to the same duties regardless of colour, race, sex, ethnic origin, place of birth, religion, educational level, social position, the legal status of their parents, or their profession.

ARTICLE 67
Men and women shall be equal before the law in all spheres of political, economic, social and cultural affairs.

ARTICLE 68
Disabled citizens shall enjoy fully the rights enshrined in the Constitution and shall be subject to the same duties, with the exclusion of those rights and duties which their disability prevents them from undertaking.

ARTICLE 69
All acts intended to undermine national unity, disturb social harmony, or create divisions or situations of privilege or discrimination based on colour, race, sex, ethnic origin, place of birth, religion, educational level, social position, physical or mental ability, the legal status of one’s parents, or one’s profession shall be punished according to law.

ARTICLE 70
1. All citizens shall have the right to life. All shall have the right to physical integrity and may not be subjected to torture or to cruel or inhuman treatment.

2. In the Republic of Mozambique there shall be no death penalty.

ARTICLE 71
All citizens shall have the right to their honour, good name and reputation, as well as the right to privacy and to defend their public image.

ARTICLE 72
All citizens shall have the right to live in, and the duty to defend, a balanced natural environment.

 

CHAPTER II
RIGHTS, DUTIES AND FREEDOMS

ARTICLE 73
1. All citizens shall have the right and the duty to participate in the process of extending and consolidating democracy at all levels of State and society.

2. Citizens 18 years of age and over shall have the right to vote and to be elected to office, with the exception of those legally deprived of this right.

3. The right to vote shall be personal and shall constitute a civic duty.

ARTICLE 74
1. All citizens shall have the right to freedom of expression and to freedom of the press as well as the right to information.

2. Freedom of expression, which includes the right to disseminate one’s opinion by all legal means, and the right to information, shall not be limited by censorship.

3. Freedom of the press shall include in particular the freedom of journalistic expression and creativity, access to sources of information, protection of professional independence and confidentiality, and the right to publish newspapers and other publications.

4. The exercise of the rights and freedoms referred to in this article shall be regulated by law based on the necessary respect for the Constitution, for the dignity of the human person, and for the mandates of foreign policy and national defence.

ARTICLE 75
All citizens shall have the right to freedom of assembly within the terms of the law.

ARTICLE 76
1. All citizens shall enjoy freedom of association.

2. Social organisations and associations shall, in accordance with the terms of the law, have the right to pursue their aims, to set up institutions designed to achieve their specific objectives and to own assets in order to carry out their activities.

ARTICLE 77
1. All citizens shall have the freedom to form and to participate in political parties.

2. Party membership shall be voluntary, and shall derive from the freedom of citizens to associate on the basis of the same political ideals.

ARTICLE 78
1. All citizens shall have the freedom to practise or not to practise a religion.

2. Religious denominations shall have the right to pursue their religious aims freely and to own and acquire assets for the purpose of achieving these aims.

ARTICLE 79
1. All citizens shall have the right to freedom of scientific, technical, literary and artistic creativity.

2. The State shall protect rights related to intellectual property, including copyright, and shall promote the practice and dissemination of literature and art.

ARTICLE 80
1. To restore rights which have been violated or infringed, or in defence of the public interest, all citizens shall have the right to present petitions, complaints and claims before the relevant authority.

2. All citizens shall have the right not to comply with orders that are illegal or which infringe upon their Constitutional or other legal rights.

ARTICLE 81
All citizens may contest acts that violate their rights recognised under the Constitution and other laws.

ARTICLE 82
All citizens shall have the right of recourse to the courts against any act which violates their rights recognised by the Constitution and the law.

ARTICLE 83
1. All citizens shall have the right to take up residence in any part of the national territory.

2. All citizens shall be free to travel inside the national territory and abroad, except those legally deprived of this right by the courts.

ARTICLE 84
1. It shall be a sacred duty and honour for all Mozambican citizens to participate in the defence of the country’s independence, sovereignty and territorial integrity.

2. Military service shall be rendered according to terms established by law.

ARTICLE 85
1. All citizens shall have the duty to respect the Constitutional order.

2. Acts contrary to the Constitution shall be subject to sanction in accordance with the law.

CHAPTER III

ECONOMIC AND SOCIAL RIGHTS AND DUTIES

ARTICLE 86
1. The State shall recognise and guarantee the right to ownership of property.

2. Expropriation may only take place on grounds of public need, use or interest, as defined by law, and there shall be just compensation.

ARTICLE 87
The State shall recognise and guarantee, within the terms of the law, the right of inheritance.

ARTICLE 88
1. Work shall be a right and a duty of all citizens, regardless of sex.

2. All citizens shall have the right to a free choice of profession.

3. Forced labour shall be forbidden, with the exception of work performed in the context of penal law.

ARTICLE 89
1. All employees shall have the right to just payment, to rest and to holidays.

2. Employees shall have the right to safe, secure and hygienic work conditions.

3. Employees may only be dismissed in accordance with the law.

ARTICLE 90
1. All employees shall have the freedom to organise professional associations or trade unions.

2. The exercise of trade union activity shall be regulated by law.

ARTICLE 91
1. Employees shall have the right to strike. The exercise of this right shall be regulated by law.

2. The law shall limit the exercise of the right to strike in essential services and activities, in the interests of the overriding needs of society.

3. Lockouts shall be prohibited.

ARTICLE 92
1. In the Republic of Mozambique education shall be a right and duty of all citizens.

2. The State shall promote greater and equal access to the enjoyment of this right by all citizens.

ARTICLE 93
1. Citizens shall have the right to physical education and to sport.

2. The State shall promote, through sporting and educational institutions, the practise and dissemination of physical education and sport.

ARTICLE 94
All citizens shall have the right to medical and health care, within the terms of the law, and shall have the duty to promote and preserve health.

ARTICLE 95
1. All citizens shall have the right to assistance in the case of disability or old age.

2. The State shall promote and encourage the creation of conditions for achieving this right.

 

CHAPTER IV
GUARANTEES OF RIGHTS AND FREEDOMS

ARTICLE 96
1. Individual rights and freedoms shall be guaranteed by the State and shall be exercised within the framework of the Constitution and the law.

2. The exercise of rights and freedoms may only be limited where the public order or individual rights, freedoms and guarantees are endangered, or where force is used or threatened.

ARTICLE 97
The State shall be liable for damages caused by the illegal acts of its agents which are committed in the exercise of their functions, without prejudice to the right of appeal in accordance with the law.

ARTICLE 98
1. In the Republic of Mozambique no one may be arrested and put on trial except within the terms of the law.

2. Persons charged with an offence shall enjoy the presumption of innocence until final judgement.

ARTICLE 99
1. No one may be punished for an act that was not considered a crime at the time it was committed.

2. Penal laws may be applied retroactively only in favour of the accused.

ARTICLE 100
1. The State shall guarantee the access of citizens to the courts. It shall guarantee to persons charged with an offence the right to defence and the right to legal assistance and aid.

2. The State shall make provision to ensure that justice is not denied for lack of resources.

ARTICLE 101
1. Preventive imprisonment shall only be permitted in cases provided for by the law which shall fix the duration and limits of such imprisonment.

2. Citizens held in preventive imprisonment shall, within the period fixed by law, be brought before the judicial authorities who alone shall have the power to decide on the validity and continuation of imprisonment.

ARTICLE 102
1. In case of illegal imprisonment or detention, citizens shall have the right to interpose a writ of habeas corpus.

2. The writ of habeas corpus shall be interposed before a court, and the procedures shall be fixed by law.

ARTICLE 103
1. Extradition may only take place by court decision.

2. Extradition for political motives shall not be authorised.

3. No Mozambican citizen may be expelled or extradited from the national territory.

ARTICLE 104
The home as well as the correspondence and other forms of private communication of citizens shall be inviolable, except in such cases as specifically stipulated by law.

ARTICLE 105
1. The right to information, the freedom of the press, and the independence of the media, as well as broadcasting rights and the right of reply, shall be guaranteed by the Supreme Council for Mass Communication.

2. The law shall regulate the jurisdiction, composition and operation of the Supreme Council for Mass Communication.

ARTICLE 106
1. Individual freedoms and guarantees may only be temporarily limited or suspended in the event of the declaration of a state of war, a state of siege, or a state of emergency.

2. A state of siege or a state of emergency may not exceed six months and any extension must be made in the terms of the law.

3. The law shall define rules for a state of war, a state of siege and a state of emergency and shall establish judicial guarantees to protect the rights of citizens which are to be safeguarded.

PART III
ORGANS OF STATE

 

CHAPTER I
GENERAL PRINCIPLES

ARTICLE 107
1. Representative organs shall be chosen through elections in which all citizens shall have the right to participate.

2. The election of representative organs shall take place through universal, direct, secret, personal and periodic vote.

3. Results of elections shall be established according to the system of majority vote.

4. Electoral procedures shall be regulated by law.

ARTICLE 108
1. Legally constituted political parties may participate in elections.

2. Political parties shall participate in the representative organs in accordance with the results of the elections.

ARTICLE 109
Organs of sovereign authority are the President of the Republic, the Assembly of the Republic, the Council of Ministers, the Courts and the Constitutional Council.

ARTICLE 110
The central organs of the State are the organs of sovereign authority, governmental organs taken as a whole, and such public institutions as are responsible for guaranteeing the precedence of national interests and the realisation of a unitary State policy.

ARTICLE 111
1. The central organs of the State shall, in general, have power to exercise sovereign functions, to regulate matters in accordance with the law, and to define national policies.

2. The central organs of the State shall have exclusive powers in the following matters: representation of the State, definition and organisation of the territory, national defence, public order, supervision of borders, issuing currency, and diplomatic relations.

ARTICLE 112
1. The central organs of the State shall take action directly or through appointed heads or agents of the administration who shall supervise central activities within a particular territorial area.

2. The law shall determine the form, organisation and powers of public administration.

ARTICLE 113
The representative of central authority at the provincial level is the Provincial Governor.

ARTICLE 114
1. The Provincial Government is the organ charged with ensuring the implementation, at the provincial level, of centrally defined government policies.

2. The Provincial Government shall be directed by the Provincial Governor.

3. Members of Provincial Governments shall be appointed centrally.

4. The composition, powers and operation of Provincial Governments shall be defined by law.

ARTICLE 115
1. Democratic-representative organs may be set up at the provincial level.

2. The law shall regulate the organisation, composition, powers and operation of the organs mentioned in the previous clause.

 

CHAPTER II
THE PRESIDENT OF THE REPUBLIC

ARTICLE 116
At the various territorial levels, local organs of the State shall guarantee that citizens may participate and decide on matters of interest to their respective communities.

ARTICLE 117
1. The President of the Republic is the head of State, embodying national unity, representing the nation domestically and internationally, and overseeing the correct operation of the State organs.

2. The head of State shall be the guarantor of the Constitution.

3. The President of the Republic shall be the head of the Government.

4. The President of the Republic shall be Commander-in-Chief of the armed and security forces.

ARTICLE 118
1. The President of the Republic shall be elected by direct universal suffrage and by personal and secret ballot. 2. The election of the President of the Republic shall take place on the basis of a majority vote system.

3. All Mozambican citizens may be candidates for the post of President of the Republic, provided that:

a) they possess original nationality;
b) they are children of parents who held original Mozambican nationality;
c) they are at least 35 years of age;
d) they are in full possession of their political and civic rights; and
e) they have been proposed by at least 5,000 voters, of whom at least 200 must reside in each province.

4. The term of office of the President of the Republic shall be five years.

5. The President of the Republic may only be re-elected on two consecutive occasions.

6. A President of the Republic who has been re-elected on two consecutive occasions may only be a candidate for further presidential elections five years after the end of his last term of office.

ARTICLE 119
1. The candidate who receives more than half the votes cast shall be elected President of the Republic.
2. If no candidate obtains the necessary majority, there shall be a second ballot between the two candidates receiving the most votes.

ARTICLE 120
In his role as head of State, the President of the Republic shall have power to:

a) address the nation through messages and other communications;
b) inform the Assembly of the Republic every year on the general state of the nation;
c) decide on the holding of referenda on amendments to the Constitution or on matters of fundamental interest for the nation;
d) call general elections;
e) dissolve on a onetime basis the Assembly of the Republic if the Assembly does not approve the programme of the government;
f) dismiss the other members of the government, if its programme is rejected a second time by the Assembly of the Republic;
g) appoint the President and Deputy President of the Supreme Court, the President of the Constitutional Council, and the President of the Administrative Court;
h) appoint, exonerate and dismiss the Attorney-General and Deputy Attorney-General of the Republic;
i) grant pardons and commute sentences;
j) confer, within the terms of the law, titles, awards and distinctions.

ARTICLE 121
In the function of directing government activity, the President of the Republic shall have power to:

a) convene and preside at sessions of the Council of Ministers;
b) appoint, exonerate, and dismiss the Prime Minister;
c) establish ministries and ministerial commissions;
d) appoint, exonerate and dismiss:
—Ministers and Deputy Ministers;
—Provincial Governors;
—Rectors and Deputy Rectors of State universities;
—the Governor and Deputy Governor of the Bank of Mozambique; —Secretaries of State.

ARTICLE 122
In matters of national defence and public order, the President of the Republic shall have power to:

a) declare a state of war and its termination, a state of siege or a state of emergency;
b) make treaties;
c) decree general or partial mobilisation;
d) appoint,  exonerate  and  dismiss  the  Chief  of  the  General  Staff,  the  General  Commander  of the  Police,  the commanders of  the various wings of  the Armed Forces of  Mozambique,  and other officers of  the defence and security forces in the terms established by law.

ARTICLE 123
In matters of international relations, the President of the Republic shall have power to:

a) guide foreign policy;
b) make international treaties;
c) appoint, exonerate and dismiss the ambassadors and diplomatic envoys of the Republic of Mozambique;
d) receive the credentials of ambassadors and diplomatic envoys of other countries.

ARTICLE 124
1. The President of the Republic shall have the power to promulgate laws and order their publication in the Boletim da República.

2. Laws shall be promulgated within 30 days of being received.

3. The President of the Republic may return a bill to the Assembly of the Republic for reexamination, giving the reasons in a message to the Assembly.

4. Should the bill, under reexamination, be approved by a two-thirds majority, the President of the Republic shall promulgate it as law and order its publication.

ARTICLE 125
1. The President of the Republic shall be sworn into office by the President of the Supreme Court in a public ceremony before the members of the Assembly of the Republic and representatives of the organs of sovereign authority.

2. On assuming office, the President of the Republic shall take the following oath:

“I do swear on my honour that I will faithfully carry out the task of President of the Republic of Mozambique, that I will dedicate all my efforts to the defence, promotion and consolidation of national unity, and to the well-being of the Mozambican people, and that I will ensure respect for the Constitution, and that justice is done for all citizens”.

ARTICLE 126
1. The President of the Republic shall decide who will be his substitute in case of short-term disability or absence and who will represent him in carrying out specific activities.

2. If the period of disability exceeds 45 days, the President of the Assembly of the Republic shall act as substitute.

ARTICLE 127
1. In the event of the death, resignation or permanent incapacitation of the President of the Republic, his functions shall be assumed on an interim basis by the President of the Assembly of the Republic.

2. The President of the Assembly of the Republic shall assume office as interim President of the Republic before representatives of the organs of sovereign authority.

3. The Interim President of the Republic shall be sworn into office by the President of the Supreme Court.

ARTICLE 128
1. In the event of the death, resignation or permanent incapacitation of the head of State, the election of a new President of the Republic shall take place within 90 days thereof. The Interim President of the Republic shall be excluded from running as a candidate.

2. The new President of the Republic shall hold office until the next ordinary elections take place.

ARTICLE 129
1. The permanent incapacitation of the President of the Republic must be verified by a medical board as defined by law.

2. The permanent incapacitation of the President of the Republic shall be declared by the President of the Supreme Court.

3. The Supreme Court shall verify the death and the divestiture of office of the President of the Republic.

ARTICLE 130
1. During the period in which the office of the President of the Republic is vacant, the Constitution may not be altered.

2. The Interim President of the Republic shall guarantee the functioning of the organs of the State and all other institutions, but may not exercise the powers referred to in article 120, lines b), c), e), f), g) and h), in article 121, lines b), c), and d), in article 122, line e), and in article 123, line c).

ARTICLE 131
Regulatory acts of the President of the Republic shall take the form of presidential decrees. Other decisions arising from the President’s constitutional powers shall take the form of presidential orders. Both are to be published in the Boletim da República.

ARTICLE 132
1. The President of the Republic shall enjoy immunity from civil and criminal proceedings with respect to actions taken in the discharge of his duties.

2. During the term of his office the President of the Republic may not be sued in court for actions taken outside the discharge of his duties.

CHAPTER III

ASSEMBLY OF THE REPUBLIC

SECTION I
ASSEMBLY OF THE REPUBLIC

ARTICLE 133
1. The Assembly of the Republic is the highest legislative body in the Republic of Mozambique.

2. Through laws and resolutions of a general character, the Assembly of the Republic shall regulate social and economic affairs and the administration of State activity.

ARTICLE 134
1. The Assembly of the Republic shall be elected by direct universal suffrage and personal secret ballot.

2. The Assembly of the Republic shall consist of a minimum of 200 and a maximum of 250 deputies.

3. The term of office of deputies elected to the Assembly of the Republic is 5 years.

ARTICLE 135
1. The Assembly of the Republic shall have power to legislate on basic questions of the country’s domestic and foreign policy.

2. In particular, the Assembly of the Republic shall have power to:

a) delimit the borders of the Republic of Mozambique;
b) determine territorial subdivision;
c) approve the electoral law and procedures for referenda;
d) propose the holding of referenda on questions of national interest;
e) ratify the suspension of constitutional guarantees and the declaration of a state of siege or a state of emergency;
f) ratify the appointment of the President and Deputy President of the Supreme Court, the President of the Constitutional Council and the President of the Administrative Court;
g) appraise and approve progress reports from the Council of Ministers;
h) appraise and approve the State plan and budget and the respective reports concerning their implementation;
i) define defence and security policy after consulting the National Defence and Security Council;
j) define the bases for tax policy;
k) ratify and terminate international treaties;
l) grant amnesties and pardons;
m) authorise the President of the Republic to make State visits abroad.

3. The Assembly of the Republic shall also have power to:

a) elect the President and the members of the Standing Commission of the Assembly of the Republic;
b) adopt the rules of procedure of the Assembly of the Republic and the rules and regulations for Deputies;
c) set up commissions of the Assembly of the Republic and regulate their activities.

ARTICLE 136
1. At the beginning of each legislative session, the Assembly of the Republic shall evaluate the programme of the Government.

2. The Government may present a revised programme that takes the conclusions of the debate into account.

3. Should the Assembly of the Republic, after debate, reject the Government’s programme, the President of the Republic may dissolve the Assembly and call new general elections.

ARTICLE 137
Bills may be introduced in the Assembly of the Republic by:

a) the President of the Republic;
b) the commissions of the Assembly of the Republic;
c) the deputies;
d) the Council of Ministers.

ARTICLE 138
1. The Assembly of the Republic shall elect from among its members the President of the Assembly of the Republic.

2. The Head of State shall convene and preside at the session during which the President of the Assembly of the Republic is elected.

3. The President of the Assembly of the Republic shall be sworn into office by the President of the Supreme Court.
4. The President of the Assembly of the Republic shall be accountable to the Assembly of the Republic.

ARTICLE 139
The Assembly of the Republic shall meet in ordinary session twice a year, and in extraordinary session whenever requested by the President of the Republic, by the Standing Commission of the Assembly of the Republic, or by at least one third of the deputies of the Assembly of the Republic.

ARTICLE 140
1. The Assembly of the Republic may only enter into debate when more than half its members are present.

2. The decisions of the Assembly of the Republic shall require a majority of votes of the members present.

ARTICLE 141
The legislative acts of the Assembly of the Republic shall take the form of laws, and its other deliberations shall take the form of resolutions. Both shall be published in the Boletim da República.

ARTICLE 142
The President of the Assembly of the Republic shall have power to:

a) convene and chair sessions of the Assembly of the Republic and of its Standing Commission;
b) monitor the implementation of the decisions of the Assembly of the Republic;
c) sign laws adopted by the Assembly of the Republic, and submit them to the President of the Republic for promulgation.
d) sign and order the publication of resolutions of the Assembly of the Republic.
e) represent the Assembly of the Republic domestically and internationally.

ARTICLE 143
In case of absence or disability, the functions of the President of the Assembly of the Republic shall be exercised by members of the Standing Commission of the Assembly of the Republic, as stipulated by the standing orders of the Assembly.

ARTICLE 144
1. No deputy to the People’s Assembly may be arrested, unless apprehended in the very act of committing a criminal offence. No deputy may be brought to trial without the consent of the Assembly or of its Standing Commission.

2. Deputies to the People’s Assembly shall be tried by the Supreme Court.

ARTICLE 145
1. Deputies to the People’s Assembly may not be sued, detained, or put on trial for opinions voiced or votes cast in exercising their function as deputies.

2. The above does not apply to civil or criminal responsibility for defamation or slander.

ARTICLE 146
1. Any deputy to the Assembly of the Republic may resign.

2. The disqualification and resignation of deputies to the Assembly of the Republic shall be regulated by law.

SECTION II

STANDING COMMISSION OF THE ASSEMBLY OF THE REPUBLIC

ARTICLE 147
1. The Standing Commission of the Assembly of the Republic shall be the governing board of the Assembly of the Republic.

2. The Standing Commission of the Assembly of the Republic shall be composed of the President of the Assembly and deputies elected by the Assembly of the Republic from among its members.

3. The composition of the Standing Commission of the Assembly of the Republic shall be established by law.

ARTICLE 148
The Standing Commission of the Assembly of the Republic shall have power to:

a) coordinate the activities of the commissions of the Assembly of the Republic;
b) conduct the relations between the Assembly of the Republic and assemblies and equivalent institutions in other countries;
c) prepare and organise sessions of the Assembly of the Republic.

CHAPTER IV

COUNCIL OF MINISTERS

ARTICLE 149
The Council of Ministers is the Government (Cabinet) of the Republic of Mozambique.

ARTICLE 150
1. In discharging its functions, the Council of Ministers shall do so in accordance with the decisions of the President of the Republic and of the Assembly of the Republic.

2. The Council of Ministers shall be convened and chaired by the Prime Minister, to whom this power is delegated by the President of the Republic.

3. Government policies shall be formulated by the Council of Ministers in sessions chaired by the President of the Republic.

ARTICLE 151
The Council of Ministers shall be responsible to the President of the Republic and to the Assembly of the Republic for the conduct of domestic and foreign policy, and shall give account to them of its activities as provided by law.

ARTICLE 152
1. The Council of Ministers shall secure the administration of the country, shall guarantee its territorial integrity, shall safeguard public order including the security and tranquillity of citizens, shall promote economic development, shall implement the State’s social programme, shall develop and consolidate legality, and shall carry out the country’s foreign policy.

2. The defence of public order shall be guaranteed by the appropriate entities operating under government control.

ARTICLE 153
1. In particular, the Council of Ministers shall have power to:

a) guarantee the enjoyment by citizens of their rights and freedoms;
b) secure public order and social discipline;
c) draft bills to be submitted to the Assembly of the Republic, and proposals for decision to be submitted to the President of the Republic;
d) draft the State plan and budget, and implement them after they have been approved by the Assembly of the Republic;
e) promote and regulate economic activity and the activity of social sectors;
f) prepare the signing and formalisation of international treaties, and sign, ratify, adhere to and terminate international agreements;
g) direct labour and social security policy;
h) direct the State social sectors, particularly education and health;
i) direct and promote housing policy.

2. The Council of Ministers shall also have power to:

a) guarantee the defence and consolidation of the public domain and other assets of the State;
b) direct and coordinate the activities of the ministries and other organs subordinate to the Council of Ministers;
c) evaluate the activities of local executive organs and regulate their organisation and functioning;
d) ensure the correct functioning and the development of State institutions and companies and their expansion in accordance with the needs of the economy;
e) promote the development of cooperatives and support for peasant family production;
f) encourage and support the exercise of private initiative.

ARTICLE 154
1. Notwithstanding other attributes conferred upon him by the President of the Republic and by law, the Prime Minister shall assist and advise the President of the Republic in the administration of government.

2. In particular, the Prime Minister shall have power to:

a) assist the President of the Republic in drawing up the Government programme;
b) advise the President of the Republic on the creation of ministries and ministerial commissions, and on the appointment of members of the Government and other directors of governmental agencies;
c) draft the Government’s plan of work and present it to the President of the Republic;
d) ensure that members of the Government implement the decisions of the organs of State;
e) convene and chair the meetings of the Council of Ministers dealing with the implementation of defined policies and other decisions;
f) coordinate and control the activities of ministries and other governmental institutions;
g) supervise the procedural and administrative operations of the Council of Ministers.

ARTICLE 155
1. In relation to the Assembly of the Republic, the Prime Minister shall have power to:

a) present to the Assembly of the Republic the Government’s programme and the proposed plan and budget;
b) present Government reports;
c) explain the Government’s positions to the Assembly of the Republic.

2. Members of the Council of Ministers, designated by the Prime Minister, shall give assistance in the exercise of these functions.

ARTICLE 156
The members of the Council of Ministers shall be accountable to the President of the Republic and to the Prime Minister for the implementation of the decisions of the Council of Ministers within their areas of jurisdiction.

ARTICLE 157
1. Regulatory acts of the Council of Ministers shall take the form of decrees. Other decisions of the Council of Ministers shall take the form of resolutions.

2. Decrees and resolutions shall be signed by the Prime Minister and published in the Boletim da República.

 

CHAPTER V
NATIONAL DEFENCE AND SECURITY COUNCIL

ARTICLE 158
1. The National Defence and Security Council is the consultative body of the President of the Republic in his capacity as Commander-in-Chief of the defence and security forces for matters relating to national sovereignty, territorial integrity, defence of democratically established authority, and the security of the Mozambican nation.

2. The National Defence and Security Council shall be chaired by the President of the Republic.

ARTICLE 159
In particular, the National Defence and Security Council shall have power to:

a) pronounce upon a state of war before such is declared;
b) pronounce upon the suspension of constitutional guarantees and the declaration of a state of siege or a state of emergency;
c) advise upon the criteria and conditions of use of zones of total or partial protection to be used for the defence and security of the national territory;
d) analyse and monitor other State organs’ initiatives concerning the consolidation of national independence, the consolidation of political power, and the maintenance of law and order.

ARTICLE 160
The composition, organisation and operation of the National Defence and Security Council shall be fixed by law.

 

CHAPTER VI
THE COURTS

SECTION I
GENERAL PRINCIPLES

ARTICLE 161
1. It shall be the function of the courts to guarantee and strengthen the rule of law as an instrument of legal stability, to guarantee respect for the laws, to safeguard the rights and freedoms of citizens, as well as the juridical interests of other legal entities.

2. The courts shall educate citizens in the voluntary and conscious observance of laws, thus establishing a just and harmonious social community.

3. The courts shall punish violations of the legal order and shall adjudicate disputes in accordance with the law.

ARTICLE 162
Under no circumstances may the courts apply laws or principles which are contrary to the Constitution.

ARTICLE 163
It shall be obligatory for all citizens and other legal entities to obey court decisions. The decisions of the courts take precedence over the decisions of other authorities.

ARTICLE 164
1. In the exercise of their functions, judges shall be independent, and shall owe obedience only to the law.

2. Judges shall likewise be impartial and disinterested.

ARTICLE 165
1. Judges may be held responsible in civil, criminal and disciplinary proceedings for acts committed in the discharge of their duties only in cases specified by law.

2. The removal of a professional judge from the bench may only take place under legally established terms.

ARTICLE 166
Professional judges may not undertake any other public or private activity, except teaching or research.

ARTICLE 167
1. In the Republic of Mozambique there shall be the following courts:

a) the Supreme Court and other courts of justice;
b) the Administrative Court;
c) courts-martial;
d) customs courts;
e) fiscal courts;
f) maritime courts;
g) labour courts.

2. Other than the courts specified in the Constitution, no other court may be established with jurisdiction over specific categories of crimes.

SECTION II

SUPREME COURT

ARTICLE 168
1. In the Republic of Mozambique judicial powers shall be exercised through the Supreme Court and other courts as established by law.

2. The Supreme Court is the highest judicial organ, and shall have jurisdiction throughout the national territory.
3. The Supreme Court shall ensure the uniform application of the law for the benefit of the Mozambican people.

ARTICLE 169
The Supreme Court shall act:

a) in sections, as a trial court of original and appellate jurisdiction;
b) in plenary session, as a court of final appeal in cases expressly provided for by law.

ARTICLE 170
1. The Supreme Court shall be composed of professional judges and of elected judges, the number to be established by law.

2. The professional judges shall be appointed by the President of the Republic, after consultation with the
Supreme Council of the Judiciary.

3. The code of conduct and the term of office for the President, Deputy President and professional judges on the Supreme Court shall be established by law.

4. The Assembly of the Republic shall elect the other judges to the Supreme Court.

5. Mozambican citizens over 35 years of age may be elected as judges to the Supreme Court. The term and other requirements of office shall be fixed by law.

ARTICLE 171
1. In court hearings, matters of law shall always be decided by the professional judges.

2. The elected judges shall only take part in primary trial court hearings.

ARTICLE 172
The law shall regulate the powers, composition, organisation and functioning of the Supreme Council of the Judiciary.

SECTION III

ADMINISTRATIVE COURT

ARTICLE 173
1. The Administrative Court shall control the legality of administrative acts and shall supervise the legality of public expenditure.

2. In particular, the Administrative Court shall:

a) adjudicate acts dealing with legal controversies arising from administrative acts and procedures;
b) adjudicate appeals against decisions of organs of State, their office holders, agents and employees;
c) examine the accounts and records of the State;
d) exercise other powers that may be attributed by law.

ARTICLE 174
The law shall determine the powers, jurisdiction, organisation composition and operation of the Administrative Court.

SECTION IV

COURTS-MARTIAL, CUSTOMS, FISCAL, MARITIME AND LABOUR COURTS

ARTICLE 175
The powers, organisation, composition and functioning of courts-martial, and customs, fiscal, maritime and labour courts shall be fixed by law.

 

CHAPTER VII
THE OFFICE OF THE ATTORNEY-GENERAL

ARTICLE 176
1. The Office of the Attorney-General shall supervise and defend the established legal order and shall promote compliance with the law.

2. The Office of the Attorney-General shall be headed by the Attorney-General of the Republic. In case of absence or disability, the Deputy Attorney-General of the Republic shall substitute.

3. The Attorney-General shall be accountable to the President of the Republic, and shall provide annual reports to the Assembly of the Republic.

4. Assistant Attorney-Generals shall be appointed, exonerated and dismissed by the President of the Republic, after consultation with the Supreme Council of the Public Prosecutor.

ARTICLE 177
The law shall determine the structure, composition and operation of the Office of the Attorney-General and of the Supreme Council of the Public Prosecutor.

ARTICLE 178
1. The Public Prosecutor’s Office shall constitute a hierarchically organised magistracy which is subordinate to the Attorney-General of the Republic.

2. In exercising their functions, the officers and agents of the Public Prosecutor’s Office shall be subject to the principles of legality, objectivity, impartiality, and those directives and orders which are within the terms of the law.

ARTICLE 179
The Public Prosecutor’s Office shall represent the State before the courts, shall control the legality and the duration of detentions, shall initiate criminal prosecution, shall enforce criminal sentences, and shall ensure the legal defence of minors and of absent or incapacitated persons.

 

CHAPTER VIII
CONSTITUTIONAL COUNCIL

ARTICLE 180
The Constitutional Council is an organ with special jurisdiction on legal questions arising from or related to the Constitution.

ARTICLE 181
1. The Constitutional Council shall have power to:

a) adjudicate the constitutionality and legality of legislative and regulatory acts of State organs;
b) settle conflicts of jurisdiction between organs of sovereign authority;
c) pronounce upon the legality of referenda.

2. In the specific area of elections, the Constitutional Council shall also have power to:

a) supervise the electoral process;
b) verify the legal prerequisites required of candidates for the post of President of the Republic;
c) rule, as an appellate body, on electoral complaints;
d) validate and declare the final results of the electoral process.

ARTICLE 182
1. There shall be no appeal against decisions of the Constitutional Council.

2. The decisions of the Constitutional Council shall be published in the Boletim da República.

ARTICLE 183
The following may request a declaration of unconstitutionality or illegality from the Constitutional Council:

a) the President of the Republic;
b) the President of the Assembly of the Republic;
c) the Prime Minister;
d) the Attorney-General of the Republic.

ARTICLE 184
The composition, organisation, and operation of the Constitutional Council and the procedures for the oversight and control of the constitutionality and legality of the regulatory acts as well as other powers of the Constitutional Council shall be fixed by law.

CHAPTER IX

LOCAL ORGANS OF THE STATE

ARTICLE 185
1. The local organs of the State shall organise the participation of citizens in solving the problems of their communities and shall promote local development.

2. The strengthening of local organs shall serve to reinforce democracy and shall contribute to national integration and unity.

ARTICLE 186
1. Local organs of the State shall consist of representative organs and executive organs.

2. The representative organs shall consist of citizens elected by the voters of a particular geographical area.

3. The executive organs shall be appointed according to the law.

ARTICLE 187
The decisions of representative organs shall be binding within their area of authority. They may set up commissions necessary for carrying out their duties, and may delegate specific tasks to individual members.

ARTICLE 188
The executive organs shall, in their respective geographical area of authority, ensure that economic, cultural and social programmes and obligations of local interest are carried out, in accordance with the Constitution and the decisions of the Assembly of the Republic, the Council of Ministers, and State organs of corresponding or superior authority.

ARTICLE 189
The executive organs shall be accountable to the representative organs.

ARTICLE 190
The organisation, powers and operation of local State organs as well as the legal form of their acts shall be defined by law.

ARTICLE 191
The disqualification and resignation of members of representative organs shall be regulated by law.

 

CHAPTER X
INCOMPATIBILITY

ARTICLE 192
1. No person may hold at the same time more than one of the following positions:

President of the Republic, President of the Assembly of the Republic, Prime Minister, President of the Supreme Court, Deputy President of the Supreme Court, President of the Constitutional Council, President of the Administrative Court, Attorney-General of the Republic, Deputy Attorney-General of the Republic, Provincial Governor, Secretary of State.

2. The position of member of Government (Cabinet) shall also be incompatible with the posts named above, except those of President of the Republic and Prime Minister, since these are themselves members of Government.

3. Other cases of incompatibility may be established by law.

PART IV

SYMBOLS, CURRENCY AND CAPITAL OF THE REPUBLIC

ARTICLE 193
The national flag shall have five colours: red, green, black, gold and white. The significance of the colours shall be as follows:
red - the centuries of resistance to colonialism, the armed national liberation struggle, and the defence of sovereignty;
green - the riches of the soil;
black - the African continent;
gold - the riches of the subsoil;
white - the justice of the struggle of the Mozambican people, and peace.

From top to bottom, there shall be green, black and gold horizontal stripes, separated by strips of white. On the left side, there shall be a red triangle, in the centre of which there shall be a gold star. Above this there shall be a crossed hoe and gun, superimposed upon a book.

The star shall symbolise the spirit of international solidarity of the Mozambican people.

The book, hoe and gun shall symbolise study, production and defence.

ARTICLE 194
The emblem of the Republic of Mozambique shall contain as its central elements a book, a gun and a hoe, superimposed on a map of Mozambique, representing, respectively, education, defence and vigilance, and the peasantry and agricultural production.

Below the map the ocean shall be represented.

In the centre shall be the rising sun, symbol of the building of a new life.

Enclosing all this shall be a toothed wheel, symbolising labour and industry.

Surrounding the toothed wheel there shall be, to the right and left respectively, an ear of maize and a piece of sugar cane, symbolising agricultural wealth.

At the bottom there shall be a red strip with the inscription “Republic of Mozambique”.

ARTICLE 195
The words and the music of the national anthem shall be established by law.

ARTICLE 196
The national currency shall be the metical.

ARTICLE 197
The capital of the Republic of Mozambique shall be the city of Maputo.

 

PART V
AMENDING THE CONSTITUTION

ARTICLE 198
1. Amendments to the Constitution may be proposed by the President of the Republic or by at least one third of the deputies to the Assembly of the Republic.

2. Draft amendments must be submitted to the Assembly of the Republic 90 days before the opening of debate.

ARTICLE 199
1. If a proposed amendment implies fundamental changes in the rights of citizens or in the organisation of public powers, the proposal, after adoption by the Assembly of the Republic, shall be submitted to public debate and to a referendum.

2. The results of the referendum and the approved constitutional text shall be adopted by the Assembly of the Republic in the form of a constitutional law, and shall be published by order of the President of the Republic.

3. In other cases, amendments to the Constitution shall be adopted by a two thirds majority of the deputies of the Assembly of the Republic.

PART VI

CONCLUDING AND TRANSITIONAL PROVISIONS

ARTICLE 200
The Constitution shall take precedence over all other law.

ARTICLE 201
In the Republic of Mozambique, law may only be retroactive when this is to the benefit of citizens and other legal persons.

ARTICLE 202
Until the Constitutional Council has been established, its powers shall be exercised by the Supreme Court.

ARTICLE 203
Insofar as they are not contrary to the Constitution, previous laws shall remain in force until modified or repealed.

ARTICLE 204
1. Until general elections are held, the President of the Republic of Mozambique shall be the President of the Frelimo Party.

2. The provisions of article 119 regarding the election of the President of the Republic shall come into force with the holding of the next presidential elections.

ARTICLE 205
1. The deputies to the People’s Assembly shall retain their seats until general elections are held pursuant to this Constitution.

2. Deputies to the People’s Assemblies at other territorial levels shall retain their seats until local elections are held under the electoral law.

ARTICLE 206
The Constitution shall come into force on 30 November 1990.

Approved by the People’s Assembly on November 2, 1990

The President of the People’s Assembly
MARCELINO DOS SANTOS

Let it be published

The President of the Republic
JOAQUIM ALBERTO CHISSANO

 

 

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