Mozambique is a country located in Southeast Africa. It is bordered with Tanzania, Malawi (with some of the border going over Lake Malawi), Zambia, Zimbabwe, South Africa, and Eswatini (formerly Swaziland). It has a long coast along the Indian Ocean, the specific area being called the Mozambique Channel which faces the island nation of Madagascar. Another nearby island nation is the Comoros, and there is also the French overseas department of Mayotte. The capital city Maputo is located on the coast in Mozambique’s extreme south, on Maputo Bay.
Evidence of Bantu-speaking peoples having migrated into the area go as far back as the 4th Century BC. It is thought that between the 1st and 5th Centuries AD there were waves of migration from the west and north going through the Zambezi River valley and then over time into the plateau and coastal areas of Southern Africa.
The peoples that migrated there established agricultural communities that revolved around herding cattle. It is also thought these people brought with them the knowledge of melting and smithing iron. Given the areas location across the Swahili Coast it became a part of that cultural area and important trading networks were established.
These vast Indian Ocean trade networks extended as far south into Mozambique from the late first millennium AD, with this known due to the existence of the ancient port town of Chibuene. As involvement in the Indian Ocean trade grew from the 9th Century, many port towns developed across the coast. These towns were largely autonomous, and participated in Swahili culture.
Urban elites in the area would also often adopt Islam as a way to facilitate trade. Sofala, Angoche, and Mozambique Island would grow into regional powers due to this trade by the 15th Century. Trade was also not just from the Indian Ocean, but also from the African interior, including gold and ivory caravan routes from states such as the Kingdom of Zimbabwe and the Kingdom of Mutapa.
European explorers would arrive in the 15th Century with the Portuguese coming about to the area in 1498 and then onwards from 1500 they would setup trading posts and forts along the coast that would displace the Arabic commercial and military dominance. The area would become a common port of call for European vessels traveling East.
The Portuguese had control of the island of Mozambique (of which the country is named after today) as well as taking control of the port city of Sofala. Small groups of Portuguese traders and prospectors also penetrated into Mozambique’s interior in search of gold and they would setup garrisons and trading posts in Sena and Tete along the Zambezi river and attempted to gain control of the gold trade.
Attempts to legitimise and consolidate trade and positions of settlements within Mozambique’s central territory led to the creation of prazos – large estates leased to colonists, settlers and traders for exploitation of resources. Such grant holders of prazos would become the main Portuguese authority in the area, allowing central Portuguese authorities to focus on what they considered more important posessions in Asia and the Americas.
Slavery existed in the area before the arrival of the Europeans – being dealt by African leaders and chiefs to Arab Muslim traders, but with the arrival of the Europeans they would become the new main recipient of such slaves. Prazor administrations would go on to create armies of these enslaved men to uphold authority, known as the Chikunda.
The late 19th Century would see Africanisation ramp up in the area as emigration from Portugal dropped to lower levels. This led to Prazos – intended to be held solely by Portuguese colonists – becoming mixed African-Portuguese or African-Indian.
As time went on Portuguese influence in the area would further wane as they focused more on other possessions and the influence of Arabs would return with Mazrui and Omani Arabs reclaiming much of the Indian Ocean trade, and forcing the Portuguese to retreat South. British and French influence also grew in the area thanks to the British South Africa Company and French Madagascar, enabling them to become powerful in the trade and politics of the region.
The early 20th Century would see the Portuguese shift Mozambique administration to large private companies such as the Mozambique Company, the Zambezia Company, and the Niassa Company – which were mostly financed by British financiers.
During this time railroad infrastructure was constructed connecting the colony to neighbouring British colonies, and more military outposts, roads and ports were built. And although slavery had been abolished in the colony around the end of the 19th Cnetury – the chartered companies still enacted forced labour policies and supplied cheap and often forced African labour to mines and plantations in nearby British colonies.
Under the corporatist Estado Novo regime of Oliveira Salazar the companies concessions in the colony were not renewed due to poor performance and a shift towards stronger state control of the economy of the Portuguese Empire. Portuguese Overseas colonies would become Overseas Provinces of Portugual in 1951.
A massacre in Mueda would happen on 16th June 1960 after pro-independence Makonde protesters were fired upon and attacked by Portuguese administration soldiers which killed an unknown number of the protesters and is seen as one of the sparks for what would become the Mozambican War of Independence.
The spread of communist and anti-colonial ideologies across Africa at the time led to many clandestine political movements to be established with a great focus on showing the inequality between the native population and the colonists when it came to wealth and education as well as other areas. The war of independence would be underway from 1964 with it being largely guerrila warfare led by the Front for the Liberation of Mozambique (FRELIMO).
At the time this war begun Portugal was already dealing with two other anti-colonial wars in Angola and Guinea with all of these wars a part of what is known as the Portuguese Colonial War. Portguese forces were able to keep hold of large population centres due to their superior strength and arms while guerrila forces mostly focused on undermining Portguese control of rural and tribal areas in the north and west.
Portuguese authorities would attempt to placate the anger by attempting to create more favourable conditions for social development and economic growth but it would not be enough to put an end to the war. FRELIMO would eventually take control of Mozambique after 10 years of sporadic warfare.
Portugal in the lead up to this was dealing with its own crises back home with the fall of the authoritarian Estado Novo regime in the Carnation Revolution and a failed communist coup attempt thereafter.
Portuguese colonists would flee Mozambique while others were expelled by the new independent government that had almost full control of Mozambique. The country got its full independence on 25th June 1975.
The new state would see a one-party state based on Marxist principles established under Mozambique’s first President Samora Machel.
Diplomatic and even some military support was obtained from Cuba and the Soviet Union which helped to crackdown on opposition. But despite this a long and violent civil war would begin from 1977.
The civil war would be between the anti-Communist Mozambican National Resistance (RENAMO) rebel militias and the FRELIMO regime. The war as well as FRELIMO policies would lead to economic collapse, destroyed infrastructure, lack of investment in productive assets, government nationalisation of private industries, and widespread famine.
FRELIMO failed to effectively control non-urban areas during the war with RENAMO controlling up to 50% of the rural areas. Both sides would commit human rights abuses during the war through terror and indiscriminate targeting of civilians. The FRELIMO government itself commit mass executions and sent people to re-education camps where thousands more would die.
RENAMO would eventually propose a peace agreement in which areas they controlled in the north and west would become independent as the Republic of Rombesia, but this was refused by FRELIMO who did not want to see the country’s sovereignty divided. It is estimated that in total the war killed over 1 million Mozambicans and displaced millions of others.
The civil war also involved regional and international influences (capitalist versus communist) with countries like Angola, Zambia and Tanzania supporting FRELIMO and countries under the influence of the British such as South Africa siding with RENAMO. FRELIMO actively provided shelter to rebels from neighbouring countries that had sided against it.
In October 1986 a turning point in the war would happen when President Machel and a number of ministers and officials of the FRELIMO government were killed in a plane crash in the Lebombo Mountains of South Africa, the flight had been on the way back from an international meeting in Zambia.
Soviet officials would blame the crash as being an act commited by South African military intelligence officers via the usage of a false navigational beacon purposely misleading the plane, although there has never been any conclusive proof of this, other thoeries contend it was merely an accident blamed on the plane’s crew.
Such events led to Joaquim Chissano succeeding to the presidency who would implement sweeping reforms such as implementing capitalism and peace talks also begun with RENAMO. A new constitution would be enacted in 1990 that established a multi-party system with a market-based economy and free elections. The Rome General Peace Accords would officially end the civil war in 1992, with a UN peacekeeping force supervising the peace.
Ever since, Mozambique’s democratic era has gone on with FRELIMO and RENAMO as the two largest parties although RENAMO is yet to win an election. Mozambique joined the Commonwealth of Nations in 1995 being the first member nation to not have been part of the British Empire. Over 1.7 million refugees who had sought asylum in neighbouring countries during the war would also return to Mozambique by mid-1995, and over 4 million who had been displaced internally also returned to their homes.
Tensions do still remain between FRELIMO and RENAMO especially during election times, with RENAMO often accusing FRELIMO of election fraud and in some cases threatening a return to civil war. RENAMO did end up launching a low-level insurgency from 2013-2019 mainly in the central and northern regions which was ended by peace agreement, although a splinter faction would continue low level fighting until 2021.
The country has also faced problems with a low-level Islamic insurgency mainly in the Cabo Delgado province since 2017 in an attempt to create an Islamic state. Significant moments have included ISIL briefly occupying Vamizi Island in 2020 and the Battle of Palma in 2021.
The official language is Portuguese. The largest religion is Christianity (Protestants being a larger group than Catholics) but a significant minority also identify as Islamic (largely Sunni) or with no religion. The country’s currency is the Metical. The country’s population is over 55,544,500.
Government Type Â
Mozambique has a semi-presidential representative democratic republic where there is a President who is Head of State but also Head of Government despite having a Prime Minister – in most other such systems the Prime Minister would usually take the role of Head of Government instead. This suggests that despite the semi-presidential system the President remains a powerful figure. France is another example of a semi-presidential system where the President remains a more powerful and recognised figure over the Prime Minister. Mozambique has a unicameral parliament called the Assembly of the Republic. Multiple parties are allowed, although FRELIMO has remained the majority party since the country’s democratic system was established in 1994, with the largest opposition being RENAMO.
Although many other parties exist in the country most of them do not win seats in the parliament. The closest RENAMO has come to gaining a majority over FRELIMO was in 1999 (133-117), elections since then have not seen RENAMO perform as well.
The Constitution under Article 133 describes the offices of the President of the Republic, the Parliament, the Government, the courts and the Constitutional Council as the sovereign public offices. They are, according to Article 134, established on principles of separation and interdependence of powers enshrined in the Constitution, and owe obedience to the Constitution and laws.
On the formation of political parties – they should be national in scope; defend national interests; contribute to formation of public opinion, particularly on major national issues; strengthen patriotic spirit of citizens and the consolidation of the Mozambican Nation. They must also contribute towards peace and stability in the country through political and civic education of citizens. Parties are not allowed to advocate or resort to armed violence in order to change the political or social order of the country.
Political parties cannot use names containing expressions directly related to any religious denominations or churches and cannot use emblems that may be confused with national or religious symbols.
Under Article 80 of the constitution it says people have the ‘Right to Resistance’ meaning the right not to comply with orders that are unlawful or that infringe on their rights, freedoms and guarantees. Also, under Article 81 is the ‘Right of Popular Action’ which in accordance with the law, either personally or through associations for defending interests in question – right to claim for the injured party or parties such compensation as they are entitled to; right to advocate the prevention, termination or judicial prosecution of offences against the public health, consumer rights, environmental conservation and cultural heritage; and the right to defend property of the State and of local authorities.
Under Article 137 the offices of the President of the Republic, President of the Assembly, Prime Minister, President of the Supreme Court, President of the Constitutional Council, President of the Administrative Court, Attorney General of the Republic, Ombudsman, Vice-President of the Supreme Court, Deputy Attorney General of the Republic, Deputy, Deputy Minister, Secretary of State, Provincial Governor, District Administrator, and military personnel in active service must all be held by different people, each of them cannot hold one of the other offices and/or be an active service military personnel while holding one of the stated offices.
All of the above also cannot at-the-same-time be a member of Government, except for the Prime Minister and President of the Republic. Â
The Executive Government Â
The President of the Republic is the Head of State, and as such embodies the national unity, representing the nation on a national and international scale, and oversees the correct functioning of the State offices. They also guarantee the country’s constitution. They are also given the title of Head of Government which as previously stated is unusual for a semi-presidential system where such a title is usually given to the Prime Minister or equivalent position – suggesting the President in this case remains a powerful figure.
The President is also the Commander-in-Chief of the country’s Defence and Security Forces.
Powers and Duties of the President
The President, as Head of State, has general powers to address the Nation through messages and communications; inform the Parliament on the general state of the Nation on an annual basis; call referendums on issues of major national interest as guided by the constitution; call regular and non-regular general elections as guided by the Constitution and laws; dissolve the Parliament as guided by the Constitution; dismiss all other members of the Government when their programme has been rejected by Parliament for a second time; appoint the Presidents of the Supreme Court, Constitutional Council, Administrative Court, and Vice-President of the Supreme Court; appoint, exonerate and dismiss the Attorney-General of the Republic and their Deputy; can grant pardons and commute sentences.
In matters of Government activity, the President has the power to: convene and preside at sessions of the Council of Ministers; appoint, exonerate, and dismiss the Prime Minister as guided by the Constitution and laws; create ministries and ministerial commissions; also appoints, exonerates, and dismisses: ministers and their deputies; Provincial Governors (this one may have since changed following the latest Constitutional amendment in 2018); Principals and Vice-Principals of State universities, on recommendation of respective management boards, in accordance with the law; the Governor and Vice-Governor of the Bank of Mozambique; and Secretaries-of-State.
In matters of national defence and the public order, the President has the power to: declare a state of war and its termination, a state of siege, or a state of emergency; sign treaties; decree general or partial mobilisation; preside over the National Council of Defence and Security; appoint, exonerate, and dismiss: the Chief and Deputy Chief of the General Staff; the General Commander and Deputy General Commander of the Police; Wing Commanders of the country’s armed forces; and other officers of the Defence and Security Forces in terms established by law.
In matters of international relations, the President has the power to: guide foreign policy; enter into international treaties; appoint, exonerate, and dismiss: ambassadors and diplomatic envoys; and receive credentials of ambassadors and diplomatic envoys of other countries.
In matters of law, the President: enacts law passed by Parliament and has them published. Laws must be enacted within 30-days of being received or as soon as the Constitutional Council has confirmed their constitutionality if asked to do so. The President has the power to veto a bill passed by the Parliament, giving reasons for why and returning it to Parliament to be re-examined, if the same bill is passed again by at least a two-thirds majority then the President must enact it into law and publish it.
Council of State
There is political body called the Council of State which advises the President of the Republic. It is presided over by the President of the Republic and its members are the President of the Assembly of the People; the Prime Minister; the President of the Constitutional Court; the Ombudsman; former Presidents of the Republic who were not dismissed from office; former Presidents of the Assembly of the Republic; seven persons of recognised merit elected by Parliament, for length of legislative term, on basis of parliamentary representation; four persons of recognised merit appointed by the President of the Republic, for the length of the presidential term; and the runner-up of the previous Presidential Election.
In general, the Council of State advises the President when requested to do so by the President. But the Council of State has an obligation to pronounce itself on the dissolution of Parliament; a declaration of State of War, a State of Siege, or State of Emergency; the holding of a referendum; and the calling of a general election, whether requested to do so by the President or not.
Temporary and Permanent Absence of the President
If there is a short-term disability or absence of the President from the country, the President of the Assembly will substitute, if the President of the Assembly is also absent then it defaults to their substitute. The President nor their substitute can have simultaneous absence from the country.
When there is a short-term disability or absence of the President then the Parliament, Constitutional Council, and the Government must be notified immediately.
In the case of permanent incapacitation or death, certified by a medical board; resignation; suspension or dismissal due to indictment or conviction by the Supreme Court – the President of the Assembly assumes the office of Head of State as interim. Presidential Elections are organised and held to elect a new President.
Presidential Removal
The President of the Republic can be tried before the Supreme Court for crimes committed in the performance of their functions. If any crimes the President I charged for happened outside the performance of his/her functions, then they are instead tried by ordinary courts, at the end of their term.
It is at the power of the Parliament to request the Attorney-General of the Republic institute criminal proceedings against the President of the Republic, following recommendation by one-third of members that was carried by at least a majority of two-thirds of the members of the Parliament. If indicted by the Parliament the President is suspended and if they are convicted by the Supreme Court then the President will be discharged from office. The Supreme Court has 60-days to reach a verdict.
If the President has been convicted not only are they discharged from office, but they cannot stand as a candidate for the office again and cannot hold any position in a sovereign public office or local authority.
In the event of death, permanent incapacitation, resignation or discharge from office, a fresh Presidential election will take place within 90-days, and the Interim President cannot run as a candidate. An election will not be held if the vacancy occurs during the year preceding the end of the term of office of the President, in this case the Interim President will serve the remainder of the term until the next usually scheduled Presidential election.
While the presidency is vacant the Constitution cannot be altered. The interim President cannot call referendums; dissolve the Parliament; cannot dismiss Government; cannot appoint the Presidents of the Supreme Court, Constitutional Council, Administrative Court, or the Vice-President of the Supreme Court; cannot appoint, exonerate, or dismiss the Attorney-General of the Republic or their Deputy; cannot grant pardons or commute sentences; cannot confer honorary titles, decorations or distinctions; cannot appoint, exonerate, or dismiss the Prime Minister; cannot create ministries or ministerial commissions; cannot appoint, exonerate or dismiss the Chief or Deputy Chief of the General Staff, the General Commander or Deputy General Commander of the Police, the Wing Commanders of the country’s armed forces, or other officers of the Defence and Security Forces; cannot appoint, exonerate or dismiss ambassadors or diplomatic envoys.
Prime Minister and Government
The Central State Offices are the sovereign public offices mentioned previously, governmental bodies as a whole, and such institutions responsible for guaranteeing that national interests prevail and that a Unitary State policy is implemented.
In general, the Central State Offices have the power to exercise sovereign functions, regulate matters in accordance with the law, and define national policies. The central state offices have exclusive powers in representation of the State, definition and organisation of territory, national defence, public order, supervision of borders, issuing of currency, and diplomatic relations. Central state offices take action directly, or through appointed heads or agents of the administration, who supervise central activities within a particular territorial area.
The Prime Minister assists and advises the President of the Republic in the running of Government, the Prime Minister themselves is not the Head of Government, the President is. More specifically it is the job of the Prime Minister to assist the President in drawing up the Government programme; advise the President on the creation of ministries and ministerial commissions, and on the appointment of members of Government and other Government heads; drafts the Government’s plan of work and presents it to the President; ensures members of Government implement decisions taken by State offices; chairs meetings of the Council of Ministers dealing with implementation of defined policies and other decisions; coordinates and controls the activities of ministries and other governmental institutions; and supervises the technical and administrative operations of the Council of Ministers.
When it comes to the Assembly of the Republic the Prime Minister has the power to present the Government’s programme, the draft of the Economic and Social Plan, and the Budget to the Assembly; presents Government implementation reports; and expresses the Government’s positions to the Assembly. The Prime Minister is assisted by members of the Council of Ministers that he/she has designated, with these powers.
Under Title VIII, Article 200 of the Contitution the Council of Ministers is Government. The Council of Ministers consists of the President of the Republic who presides over it, it also consists of the Prime Minister and the other Ministers. Deputy Ministers and Secretaries of State can also be summoned to take part in its meetings.
The Council of Ministers discharges its functions in accordance with the decisions of the President of the Republic and the Parliament. The Prime Minister is able to convene and chair meetings of the Council of Ministers, a power delegated to them by the President of the Republic. Government policies are formulated by the Council of Ministers in sessions led by the President of the Republic.
The functions of the Council of Ministers is to secure the administration of the country, guarantee territorial integrity, safeguard public order and the security and stability of citizens, promote economic development, implementing the State’s social agenda, developing and consolidating legality, and carrying the country’s foreign policy.
The Council of Minister’s powers include protection of people’s rights and freedoms; securing public order and social discipline; drafting bills to submit to the Assembly of the Republic; passing decree-laws under the authority of the Assembly of the Republic; preparing the Economic & Social Plan and the State Budget and implementing them after parliamentary approval; promoting and regulating economic activity and the activity of social sectors; signing international treaties and signing, ratifying, and adhering to and terminating international agreements, in matters within their governmental jurisiction; directing labour and social security policy; directing the State sectors, education and health in particular; and directing and promoting housing policy.
The Council of Minister’s also have powers to: guarantee defense and consolidation of the public domain and property of the State; directing and coordinating activities of the ministries and other offices subordinate to the Council of Ministers; evaluating experiences of local executive offices and regulating their organisation and functioning, supervising the offices of the local authorities within terms of the law; encouraging and supporting entrepreneurial activity and the exercise of private initiative, and protect the interests of consumers and of the general public; and promoting the development of co-operatives and supporting family sector production.
The Council of Ministers is accountable to the President of the Republic and to the Assembly of the Republic when it comes to implementation of domestic and foreign policy, and for actions in terms of the law. Members of the Council of Ministers themselves are accountable to the President and the Prime Minister for the enforcement of decisions of the Council of Minister within their jurisdiction.
The Council of Ministers are collectively responsible for the Government Programme and other decisions it makes.
There is an Economic and Social Plan which aims to guide economic and social development towards sustainable growth, reduce regional imbalances and progressively eliminate economic and social differences between cities and the countryside. It is expressed financially in the State Budget and the draft plan itself is submitted to the Parliament for oversight and consideration.
The Government is in charge of drafting the Economic and Social Plan on the basis of its 5-year programme.
There is a unitary State Budget, specifying revenue and expenditure. It is published annually but may contain multi-annual programme or projects. The State Budget is drafted by the Government and presented to the Parliament for oversight and consideration. Implementation of the State Budget I supervised by the Parliament and Administrative Court.
Provincial Government
The representative of the Government at the provincial level is the Provincial Governor, one for each province. The Provincial Government is the body charged with ensuring the implementation, at the provincial level, of centrally defined Government policies, they also exercise administrative supervision over local authorities, in accordance with the law.
The most recent constitutional amendments have made it so Provincial Governors are indirectly elected based on which party gets the most votes within a province during elections.
Each province has a Provincial Assembly that is democratically elected in the same way as the national Parliament. These assemblies have the power to supervise and monitor adherence to principles and norms established in the Constitution and in the laws, and ability to observe decisions of the national Government’s Council of Ministers in relation to that province. The assemblies also approve their Provincial Government’s programme and supervises and monitors compliance with it.
The Legislative Government Â
Legislative acts consist of laws and decree-laws. Acts of the national Parliament take the form of laws, motions and resolutions. Decree-laws are legislative acts passed by the Council of Ministers pursuant to authorisation from the national Parliament. Regulatory acts from the Government take the forms of decrees, whether made under the authority of a regulatory law or are made as autonomous regulations.
The Assembly of the Republic is the unicameral parliament of the country. Its members are called Deputies and each is meant to represent the entire country instead of just the area where they were elected. The deputies are meant to be elected through direct, universal, equal and peroidic suffrage and by secret and personal ballot. The Constitution locks the number of Deputies at no more and no less than 250 – candidates may be elected as a part of political parties that either stand alone or are part of a coalition of parties, or be elected as Independents.
Deputies Powers
Deputies powers include voting on legislation, power to present bills and proposals for resolutions and other decisions, ability to request and obtain from Government or from public institutions such data and information as are required for performance of their functions, ability to put questions towards Government, and has any other powers as assigned by the current Bylaws of the Assembly.
Deputies can lose their office either due to resignation; having been definitively convicted of a felonious crime that carries a prison sentence of over 2-years; by becoming a member off or taking on functions in a party or coalition other than the one for which they were elected; if they do not take up their seat in the Assembly, or they exceed the number of absences established in Bylaws; if any ineligibility is discovered; or any form of incapacity prescribed by law.
Powers of the Assembly
It is the job of the Assembly to determine the norms that conduct the functioning of the State and the economic and social life through laws and deliberations of generic character.
The Assembly has power to legislate on basic issues of the country’s domestic and foreign policy. The Assembly has exclusive powers on passing constitutional laws; delimiting boundaries of the country; deciding on territorial divisions; approving electoral laws and rules for referenda; approving and terminating treaties dealing with issues within their jurisdiction; propose holding referenda on matters of national interest; endorse suspension of constitutional guarantees and states of siege and emergency; ratifying appointments of Presidents to the Supreme Court, Constitutional Council, Administrative Court, and Vice-President of the Supreme Court; electing the Ombudsman; deciding on the Government’s programme; deciding on reports of the activities of the Council of Ministers; deciding on major options of the Economic and Social Plan and the State Budget; approving the State Budget; defining defense and security policy after consulting with the National Defence and Security Council; defining bases for tax policy and tax system; define statute for holders of sovereign public offices, provincial officers, and offices in local authorities; decide on general bases for organisation and functioning of public administration; ratifying decree-laws; ratifying and terminating international treaties; and granting amnesties and pardons.
Decree-laws passed by the Council of Ministers under authority of authorising legislation are deemed ratified unless at least 15 Deputies demand it be ratified by decision of the Parliament. The Assembly has the power to fully or partially suspend the legal force of a decree-law until it has been evaluated. Any suspensions will expire if by the end of the Parliamentary session there has been no pronouncement on the matter. If the Parliament refuses to ratify a decree-law that is the subject of ratification by the Parliament then that decree-law will become revoked.
President of the Assembly
The Parliament also elect their President, Vice-Presidents, and the Standing Commission. They will approve the Bylaws of the Assembly and the Statute of Deputies. They set up Commissions of the Assembly and regulate their operation. The President of the Assembly is elected from amoung members of the Parliament in a session convened and chaired by the President of the Republic.
The President of the Assembly convenes and chairs sessions of the Assembly and of its Standing Committee; ensures compliance with decisions of the Assembly; signs laws passed by the Assembly and submits them for enactment; signs and orders publication of resolutions passed by Parliament; represents the Parliament on a domestic and international level; promotes institutional relations between the Assembly and the Provincial Assemblies; and exercises any other powers given by the Constitution or Parliament’s Bylaws.
Parliamentary Standing Committee
The Standing Committee is the body of the Assembly that coordinates the activities of the Assembly in plenary sitting and of its commissions and national parliamentary groups. It is composed of the President of the Assembly, the Vice-Presidents of the Assembly, and other Deputies elected in the terms of the law, on recommendation of the parliamentary benches, according to their degree of representation. After the end of a legislative term or during a dissolution the Standing Commission remain in office until the founding session of the newly elected Parliament.
The Standing Committee have various powers including exercising the powers of the Assembly; ensuring compliance with the Constitution and laws, and monitor the activity of Government and the public administration; give its prior opinion on the declaration of war; authorise or confirm, subject to ratification, declarations of States of Siege or Emergency, when Parliament is not in session; conduct relations between the Parliament and foreign Parliaments and similar institutions in other countries; authorise the President of the Republic to make state visits abroad; establish commissions of inquiry that are of an urgent nature, during intermissions between between plenary sessions of the Parliament; prepare and organise sessions of Parliament; and other functions as conferred by Bylaws.
Legislation can be introduced by either Deputies, the parliamentary benches, commissions of the Parliament, the President of the Republic, or by the Government.
The Deputies and parliamentary benches may not propose bills which, directly or indirectly, involve an increase in State expenditure or a reduction in State revenue, or which in anyway change the financial year in progress.
Parliamentary Benches
Parliamentary Benches may be setup by Deputies of political parties, their formation and organisation provided for by the Parliament’s Bylaws. Parliamentary Benches have powers to present candidates for President of the Assembly; propose candidates for Vice-President of the Assembly; nominate candidates for the Standing Commission; nominate candidates for commissions of the Parliament; exercise legislative initiative (introduce bills); call for debate on current and urgent issues of national interest, with the presence of the Government; call for the formation of Parliamentary Commissions of Inquiry; call for debates on urgent issues not on the agenda; request information from and put questions to the Government.
Quorum, Passing Decisions, Dissolution, and Extraordinary Sessions
In order for the Parliament to deliberate and make decisions at least half of its Deputies must be present. Decisions made by the Parliament can only pass with an absolute majority of the vote. Matters relating to the statute of the opposition require a special majority of at least two-thirds.
Extraordinary sessions of Parliament can be called by either the President of the Republic, the Parliament’s Standing Commission, or by at least one-third of the Deputies.
Parliament may be dissolved upon rejection of the Government’s programme by the President of the Republic. Dissolution cannot take place during a State of Emergency or Siege or until 60-days after either are terminated. Elections held afterwards will elect a new Parliament that will serve a new legislative term that lasts for the remainder of the previous legislative term. Â
Administrative Bodies
Superior Council of the Media
There is a Superior Council of the Media which is meant to guarantee the right to information, freedom of the press, independence of the media, and the exercise of broadcasting rights and the right of reply.
- The Council can issue opinions prior to Government decisions on the licensing of private television and radio stations.
- The Council participates on the appointment and discharge of directors-general of public sector media organisations.
This council has 11 members who should act independently – two members are appointed by the President of the Republic, one of whom will be President of that council; five members are elected by the parliament, according to the degree of parliamentary representation; three members are journalists, elected by their respective professional organisations; and one member is a representative of journalist businesses or institutions.
Superior Council of the Judiciary
This body is responsible for the management and discipline of the judiciary.
- Nominates, appoints, transfers, promotes, exonerates, and evaluates professional merit, take disciplinary action.
- Proposes extraordinary inspections, inquiries and investigations to the courts.
- Gives opinions and makes recommendations on the policy of the judiciary, either on its own initiative or at the request of the President of the Republic, the President of the Assembly, or the Government.
Its members are the President of the Supreme Court who presides over the body; the Vice-President of the Supreme Court who may preside over the body in the President of the Supreme Court’s absence; two members appointed by the President of the Republic; five members elected by the Assembly of the Republic, following principles of proportional representation; seven members of the judiciary in different categories, all elected by their peers in the terms of the Statute of Judges.
Superior Council of the Administrative Judiciary
This body is responsible for management and discipline of the administrative, fiscal and customs judiciary. The law entirely regulates its composition, organisation, and functioning.
Supreme Court
This court is the highest body within the hierarchy of courts of justice. Ensures the uniform application of the law within its sphere of jurisdiction, in the interests of the Mozambican people.
The Supreme Court is composed of judges of appeal, the numbers being established by law. The President of the Republic nominates the President and Vice-President of the Supreme Court, after consultation with the Supreme Council of the Judiciary. Judges of the Supreme Court are nominated by the President of the Republic on the recommendation of the Superior Council of the Judiciary, on basis of their curricula, after public tender open to judges and other national citizens of reputed merit, who hold degrees in law and are in full possession of their civil and political rights. Judges must be at least 35-years-old and have 10-years of experience on the bar, or in teaching law.
Administrative Court
This court is the highest body in the hierarchy of administrative, customs and fiscal courts. Controls the legality of administrative acts and the application of rules and regulations issued by the Public Administration, scrutinizes the legality of public expenditure and enforcement of liability for financial infractions.
The court is composed of Judges of appeal, the number established by law. The President of the Republic nominates the President of the Administrative Court and its Judges, after consultation/recommendation with/by the Superior Council of the Administrative Judiciary.
Constitutional Council
This body is a sovereign public office with special jurisdiction to administer justice in matters of a legal constitutional nature.
- Evaluates and declares unconstitutionality of laws and the illegality of normative acts of State offices.
- Settles conflicts of jurisdiction between the sovereign public offices.
- Makes prior evaluations of the constitutionality of referenda.
- Verifies legal prerequisites required of candidates for office of President of the Republic.
- Pronounces upon permanent incapacity of the President of the Republic.
- Verifies the death and divestiture of the President of the Republic.
- Evaluates electoral complaints and appeals in the last instance, and validates and proclaims election results, in the terms of the law.
- Decides, on the last instance, on legality of establishment of political parties and coalitions, and evaluate legality of their names, acronyms and symbols, and orders their dissipation in terms of the Constitution and the laws.
- Adjudicates actions contesting elections and deliberations of political parties.
- Adjudicates actions concerning disputes about terms of office of Deputies.
- Adjudicates actions concerning incompatibilities established in the Constitution and the law.
- When it comes to requesting the Constitutional Council to pronounce on legislation or normative acts such can be requested by either the President of the Republic; the President of the Assembly; at least one-third of the Deputies of the Assembly; the Prime Minister; the Attorney General of the Republic; the Ombudsman; or at least 2,000 citizens.
Its composition consists of 7 judges of appeal: one, who will be the President of the Constitutional Council, is appointed by the President of the Republic; five are appointed by the Assembly of the Republic according to principles of proportional representation; and one is appointed by the Superior Council of the Judiciary. The judges are appointed for 5-years with no limits on re-appointment. Those judges must be at least 35-years-old and have at least 10-years of professional experience in the judiciary or in practice at the bar or teaching law. Â Â
The Electoral SystemÂ
Under Article 135 of the Constitution the ‘General Principles’ of the electoral system are set forth. It says that the appointment of elective sovereign public offices and elective local and provincial offices takes place through universal, direct, equal and periodic suffrage and by personal and secret ballot. A system of proportional representation is used to calculate the results of elections. Voter registration and electoral activity is supervised by what should be an independent and impartial body – of which its composition, organisation, operation and powers are established by law. Electoral procedures are regulated by law.
Under Article 136, Referendums may sometimes be held on important national issues. Citizens registered as voters either in the national territory or abroad may take part. The decision to call a referendum is taken by the President of the Republic upon recommendation of the Parliament, approved by an absolute majority of its members at the initiative of at least one-third of its Deputies.
Amendments to the Constitution cannot be made the subject of a referendum, apart from amendments to Article 292 (1) on what constitutional amendment laws must respect. Amendments to Article 179 (2) to do with the exclusive powers of the Parliament may not be subject to a referendum unless there has been an international convention, excepting where the result of that is on peace or the changing of boundaries.
Referendums cannot be called or held following the calling of a General Election or while said General Election is being held. A referendum is only valid and binding in the case that at least half of registered voters have voted in it.
The President of the Republic is elected via an absolute majority system where the candidate must receive an absolute majority in the first round in order to win otherwise there will be a second round between the top two candidates which is won by simple majority. The President serves a term of 5-years and may be elected one further time consecutively but then must wait a period of 5-years following their second term before being able to run again. If the President resigned during their term then they must wait a period of 10-years before being able to run for President again.
To run as a presidential candidate a Mozambican citizen must possess nationality by origin and not possess any other nationality; they must be at least 35-years-old; have full possession of their civil and political rights; and have been proposed by at least 10,000 registered voters.
Parliamentary elections to elect the 250 members of the Assembly of the People take place every 5-years. 248 of the members are elected in multi-seat constituencies using party-list proportional representation via the D’Hondt method with 5% threshold of votes needed for a party to be guaranteed seats. The two remaining members are elected by Mozambicans living abroad via a simple majority vote.
Deputies while serving cannot also hold a position of Government, be a judicial officer in office, be a diplomat in active service, be a provincial governor or district administrator, a military or police officer in active service, or a holder of offices in local authorities.
To vote in elections one must be a citizen of Mozambique and be at least 18-years-old. Voting is not mandatory. Â
Sources
The source for this post comes from Mozambique’s Constitution of 2004 with amendments through to 2007 (constituteproject.org). There has since been an amendment to the Constitution in 2018 but I was unable to find a good source to explain what these changes were – the only things I could find were on Freedom House’s 2022 Report on Mozambique which talked of measures to reduce centralisation (but that this was effectively overriden by FRELIMO’s victory in what it called ‘flawed’ 2019 elections) and that the main focus was on the indirect election of provincial Governors, district administrators, and mayors.
Anyway, due to this post technically being outdated it should be read with great caution, also in the fact I am not an expert and do this as a hobby.
The constitution can be amended by a proposal introduced by either the President of the Republic or at least one-third of the Deputies of the Assembly of the Republic. To pass the amendments require at least a two-thirds majority of the Deputies of the Assembly.
Constitutional amendments must respect the independence, sovereignty and unity of the State; the republican form of Government; the separation between religious denominations and the State; the fundamental rights, freedoms, and guarantees; electoral suffrage; pluralism of expression and of political organisation, including political parties and right of democratic opposition; the separation and interdependence of the sovereign public offices; the scrutiny of constitutionality; the independence of the judiciary; the autonomy of local authorities; the rights of workers and trade unions; and the rules of governing nationality, which cannot be amended in a way that restricts or removes rights of citizenship.
Amendments to anything listed above must also pass a national referendum. There must be a gap of at least 5-years between constitutional amendments, unless a decision to assume extraordinary amending powers is passed by a majority of three-quarters of the Deputies of the Assembly. No amendments can be passed during a State of Siege or State of Emergency. Â
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