Date of publication:
07/07/2025
Mozambique
Please describe the judicial system in the state.
The Constitution of Mozambique, dedicates a section to the court structure, reaffirming the independence and sovereignty of the courts in administering justice on behalf of the people.
Article 211: 1. It shall be the function of the courts to guarantee and strengthen the legality as an instrument of legal stability, to guarantee the respect for the laws, safeguard the rights and freedoms of citizens, as well as the legal interests of other bodies and entities that have legal existence. 2. The courts shall punish violations of the legal order and shall judge the cases in accordance with the law. 3. The law may establish institutional and procedural mechanisms for coordination between courts and other authorities dealing with the settlement of interests and the resolution of disputes.
Article 222 of the Constitution of Mozambique: 1. In the Republic of Mozambique, there shall be the following courts: a) the Supreme Court; b) the Administrative Court; c) the judicial courts, 2. There may be administrative courts, labour courts, fiscal courts, customs courts, maritime courts, arbitration courts and community courts. 3. The powers, organisation and functioning of the courts referred to in the preceding paragraph shall be established by law, which may provide for an intermediary court between provincial courts and the Supreme Court. 4. The judicial courts shall have common jurisdiction in civil and criminal matters and shall exercise their jurisdiction over all areas not assigned to other jurisdictional orders. 5. At first instance, there may be courts of special jurisdiction and specialised courts to judge particular matters. 6. Without prejudice to provisions pertaining to military courts, the establishment of courts with exclusive jurisdiction to judge specific categories of crimes shall not be permitted.
- Supreme Court: The highest court in the country, located in Maputo, with national jurisdiction. Composed of professional and elected judges, it acts as both a 1st level court in certain criminal cases and a 2nd level court for appeals.
- Superior Courts of Appeal: Function as courts of second instance and first instance. They hear appeals and conflicts of jurisdiction among other courts within their area.
- Provincial Judicial Courts: Found in each province, except Maputo with two, they decide 1st level cases and serve as a second-tier for district courts. Appeals from these courts go directly to the Courts of Appeal.
- District Judicial Courts: Intended for each district, responsible for 1st level cases, but not yet fully implemented.
- Labour Courts: Established in 2018, they handle labour-related conflicts and contraventions of labour and social security norms.
- Administrative Court: Established in 1992, supervises the constitutionality and legality of administrative decisions, contracts, and regulations.
- Customs Court: Established in 2001, deals with customs matters.
- Fiscal Court: Established in 2004, handles tax-related disputes.