Mozambique is a multi-party democracy in which the rule of law
is enshrined in the 1990 Constitution.
The President of the Republic is directly elected
for a five-year term. A president who is elected for two consecutive terms can
be a candidate for a third term, but only five years after the end of his
second term.
A multi-party, single chamber parliament (Assembleia
da Republica) is elected for a five-year term.
The first general elections were held in 1977, when Mozambique was a
one-party state, and the first direct presidential elections was held in 1994.
The 1990 Constitution introduced universal voting for the President, who was
previously elected by the Frelimo Party.
For purposes of local government, there are 11
provinces headed by a president-appointed governor and indirectly-elected local
assemblies. Each province is subdivided into districts.
Parliament is the highest legislative body in the
land and is elected by direct universal suffrage and personal secret ballot.
Constitutionally, parliament has a minimum of 200 and a maximum of 250 deputies
who meet twice a year in lengthy plenary sessions and in the spaces between
these sessions they meet in specialized committees.
The Constitution does not lay down the form of
voting in general elections but the law governing the 1994 poll specified
proportional representation, in which people voted for slates of candidates
presented by each party.
Parliament has the power to legislate on all basic
questions of the country’s domestic and foreign policy. Any changes in
electoral law must be approved by parliament. It also has powers over the head
of state, in that its authorization is needed for the President to make state
visits abroad.
Amendments to the Constitution require a two-thirds
majority in parliament. If a draft amendment implies fundamental changes in the
rights of citizens or in the organization of public powers, the proposal, after
adoption by parliament, is submitted to public referendum.
There is separation of powers. Parliamentary
deputies cannot be members of the Council of Ministers (Cabinet). Cabinet
members cannot hold senior positions in the judiciary.
The President of the Republic is the head of
government and he appoints his ministers.
Among his significant powers are the following:
· Calling for general elections
· Dissolving parliament (once) if it does not
approve the government’s program .
· Dismissing the Cabinet if its program is
rejected a second time by parliament.
· Appointing the President of the Supreme Court and
the Attorney General.
· Granting pardons and commuting sentences.
· Convening and presiding over Cabinet meetings.
· Appointing and sacking the Prime Minister,
ministers, rectors of state universities and the governor of the central bank.
· Declaring a state of war or emergency, appointing
the top leaders of the armed forces and police.
In the event of death, resignation or permanent
incapacitation of the President, his functions are assumed by the President of
the Assembleia da Republica (parliament), but only before an election within 90
days.
The Council of Ministers is the government and
discharges its functions in accordance with the decisions of the President of
the Republic and parliament. The Council is convened and chaired by the Prime
Minister, to whom this power is delegated by the President of the Republic.
Government policies are formulated by the Council of
Ministers in sessions chaired by the President of the Republic.
The Council is responsible to the President and
parliament for the conduct of domestic and foreign policy and must give account
to them of its activities. Ministers are frequently summoned to appear before
parliament or its specialized committees.
The Constitution guarantees an independent
judiciary, stating: “Judges shall be independent and shall owe obedience only
to the law.”
There are seven categories of court:
1. The Supreme Court and other courts of justice.
2. The Administrative Court.
3. Courts martial
4. Customs courts
5. Fiscal courts
6. Maritime courts
7. Labour tribunals
The Supreme Court, which is composed of professional
and elected judges, is the highest judicial body and ensures the uniform
application of the law throughout the country.
It acts in sections as a trial court of primary and
appellate jurisdiction and, in plenary session, as a court of final appeal in
cases provided for by law.
The President of the Republic has a free hand in
naming the president and deputy president of the Supreme Court. The court’s
other professional judges are appointed from a list submitted to the President
by the Supreme Council of the Judiciary, the body in charge of the legal
profession, which is independent of all state powers.
Non-professional judges are elected to the Supreme
Court by parliament and only take part in primary trial court hearings. Matters
of law are always decided by the professional judges.
The office of the Attorney General supervises and
controls legality, promotes compliance with the law and takes part in defending
the established legal order.
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