Mozambique - Judicial system

The legal system is based on Portuguese civil law and customary law. The formal justice system is bifurcated into a civil/criminal system under auspices of the Ministry of Justice and a military justice system under joint supervision of the Ministries of Defense and Justice. At the apex is the Supreme Court, which hears appeals from both systems. The provincial and district courts are below the Supreme Court. There are also special courts such as administrative courts, customs courts, fiscal courts, maritime, and labor courts. Local customary courts, part of the civil/criminal system, handle estate, divorce, and other social and family issues.

Since abolition of the Revolutionary Military Tribunal and establishment of the Supreme Court in 1988, those accused of crimes against the state are tried in civilian courts under standard criminal procedural rules.

The 1990 constitution declares the establishment of an independent judiciary, with judges nominated by other jurists instead of designated by administrative appointment. It is the president, however, who continues to appoint the justices of the Supreme Court.

In non-military courts, all criminal defendants enjoy presumptions of innocence, have the right to legal counsel, and the right of appeal; however, the judicial system suffers from lack of qualified judicial personnel and financial resources.

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User Contributions:

This article is very good. I used this to study the legal system of Mozambique. I especially enjoyed the fact that the legal system is based on Portuguese law system but I the text was quite difficult to read as a foreigner because of difficult words like "bifurcated".
Hi the article is helpful, I would like to learn more about the legal system in land matters, as in how is land administered, is there an Act that deals primarily in land? how does customary law relate to state law in issues of land?

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