The legal system of Mali
A French-tradition civil-law system operating under a transitional order following the 2020 and 2021 coups. A new constitution was adopted by referendum in June 2023, replacing the 1992 text. OHADA commercial law continues to apply; the 2011 Code des personnes et de la famille remains the personal status law.
Legal tradition
Mali belongs to the civil law (french tradition) tradition. A French-tradition civil-law system operating under a transitional order following the 2020 and 2021 coups. A new constitution was adopted by referendum in June 2023, replacing the 1992 text. OHADA commercial law continues to apply; the 2011 Code des personnes et de la famille remains the personal status law.
How power is divided
Formally a presidential system with a Prime Minister and bicameral legislature under the 2023 text; in practice transitional authorities exercise combined executive and legislative functions pending elections.
Where law comes from
- Constitution of 2023
- Replaced the 1992 constitution following referendum.
- OHADA Uniform Acts
- Directly applicable commercial law.
- Transitional instruments
- Charter and ordinances of the transition period.
- Codes
- Civil, penal, family (2011), labour and mining codes.
- Customary and Islamic rules
- Applied within the family code for personal status.
The legal profession
Avocats admitted through the Barreau du Mali after a law degree and traineeship; notaires and huissiers are separate ministerial offices.
Law by topic in Mali
- Employment & LabourCode du travail 1992 with a 40-hour week and compulsory inspectorate conciliationLoi n° 92-020 sets a 40-hour week, regulates fixed-term contracts and requires labour inspectorate conciliation before any judicial claim. Economic dismissals require prior notification to the inspectorate.
- Constitutional Law2023 Constitution adopted by referendum under a transitional military governmentA new Constitution was approved by referendum in June 2023 and promulgated in July 2023, replacing the 1992 text, having been drafted under the transitional authorities installed after the 2020 and 2021 coups. It strengthens the presidency and creates a Cour constitutionnelle. Its consolidation is ongoing.
- Civil ProcedureCode de procédure civile with OHADA enforcement and CCJA appealProcedure follows the French model, with appeal to the Cour d'appel and pourvoi to the Cour suprême, except on Uniform Act points where the CCJA is final. Enforcement uses the OHADA voies d'exécution.
- Family LawCode des personnes et de la famille 2011, which retained polygamy after clerical oppositionLoi n° 2011-087 followed the withdrawal of a more liberal 2009 draft after mass protests led by Islamic associations. The enacted Code retains polygamy, sets marriage age at 18 for men and 16 for women, and requires wives to obey their husbands.
- Criminal LawCode pénal 2001 retaining the death penalty in law, with a long-standing moratoriumLoi n° 01-079 governs. The death penalty remains on the statute book but Mali has observed a moratorium on executions for decades. A specialised judicial pole handles terrorism and transnational organised crime.
- Property & LandCode domanial et foncier 2000 with state ownership and an agricultural land lawOrdonnance n° 00-027 vests untitled land in the state and provides for titling. The 2017 Loi sur le foncier agricole recognises customary agricultural rights and creates village-level land commissions.
- Immigration & NationalityECOWAS free movement, complicated by Mali's announced withdrawal from ECOWASMali has historically applied the ECOWAS free movement Protocol, admitting community nationals for 90 days visa-free. Mali announced withdrawal from ECOWAS in 2024 alongside Burkina Faso and Niger, forming the Alliance of Sahel States, which puts the future of that regime in doubt.
- Tax LawCode général des impôts with 18% VAT and gold mining fiscal termsVAT is 18% under WAEMU harmonisation and corporate tax is 30%. Gold mining conventions provide negotiated terms, and the 2019 Mining Code narrowed exemptions available to new entrants.
- Business & CorporateOHADA Uniform Acts as directly applicable commercial law, with the CCJA as final appealCommercial law is not primarily national. The OHADA Uniform Acts apply directly and take precedence over conflicting domestic provisions, and the Cour commune de justice et d'arbitrage (CCJA) in Abidjan — not the national supreme court — is the final instance on their interpretation. Mali's Agence pour la Promotion des Investissements operates a single window, and gold mining conventions are the principal sectoral overlay.
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