The legal system of Mozambique
A Portuguese-tradition civil-law system and the only Commonwealth member with no British colonial history. Article 4 of the constitution expressly recognises legal pluralism, giving customary norms constitutional standing. Land is state-owned with use rights (DUAT) granted rather than freehold, which shapes all property practice.
Legal tradition
Mozambique belongs to the civil law (portuguese tradition) tradition. A Portuguese-tradition civil-law system and the only Commonwealth member with no British colonial history. Article 4 of the constitution expressly recognises legal pluralism, giving customary norms constitutional standing. Land is state-owned with use rights (DUAT) granted rather than freehold, which shapes all property practice.
How power is divided
Presidential system with a Prime Minister, a unicameral Assembly of the Republic, and a judiciary headed by the Supreme Court with a separate Constitutional Council and Administrative Court.
Where law comes from
- Constitution
- Supreme law; article 4 recognises legal pluralism.
- International law
- Ratified treaties apply in the domestic order.
- Laws and decree-laws
- Assembly statutes and government instruments.
- Codes
- Civil Code, Commercial Code (2005), Family Law (2004), Labour Law (2007), Land Law (1997).
- Customary law
- Constitutionally recognised where not contrary to the constitution.
The legal profession
Advogados admitted through the Ordem dos Advogados de Moçambique after a law degree and traineeship; técnicos jurÃdicos assist in lower courts.
Law by topic in Mozambique
- Business & CorporateCódigo Comercial 2005 with a modern company law and LNG-driven investment rulesThe Código Comercial (Decreto-Lei 2/2005) governs companies, with the sociedade por quotas and sociedade anónima as the main forms and a simplified single-shareholder company available. The Investment Law and the dedicated Petroleum and Mining Laws govern the large LNG projects in Cabo Delgado, which include local-content obligations.
- Tax LawIRPC at 32 per cent with 16 per cent IVA and dedicated extractive regimesCorporate income tax (IRPC) is charged at 32 per cent, one of the higher rates in the region, with IVA at 16 per cent. Mining and petroleum operations pay production taxes and are subject to a separate fiscal regime, including capital-gains rules that were tested in the high-value LNG participation transfers.
- Family LawLei da FamÃlia 2004 recognising monogamous and de facto unions with 18 as the marriage ageThe Lei da FamÃlia (Lei 10/2004) governs marriage, which may be civil, religious or traditional, all requiring registration for full effect, and recognises the união de facto after one year. The Lei de Prevenção e Combate à s Uniões Prematuras (Lei 19/2019) prohibits marriage under 18 without exception and criminalises facilitating it.
- Employment & LabourLei do Trabalho 13/2023 with fixed-term rules and mandatory compensation on dismissalThe Lei do Trabalho (Lei 13/2023) replaced the 2007 statute, adjusting fixed-term contract rules, probation periods and the foreign-worker quota framework. Dismissal without just cause requires compensation calculated on salary and length of service, and disciplinary dismissal requires a documented internal process.
- Immigration & NationalityWork permits under a quota system with DIRE residence documentationForeign nationals working in Mozambique require either a work permit or, within the statutory quota, a simplified communication procedure. Quotas are set by employer size — broadly 5 to 10 per cent of the workforce depending on the number of employees. Residents hold a DIRE card.
- Constitutional Law2004 Constitution with a Conselho Constitucional and decentralisation since 2018The 2004 Constitution, amended in 2018, establishes a semi-presidential system and vests constitutional review in the Conselho Constitucional rather than a court within the ordinary hierarchy. The 2018 amendments introduced elected provincial governors as part of the peace process with Renamo.
- Criminal LawCódigo Penal 2019 with no death penalty and decriminalised same-sex conductThe Código Penal (Lei 24/2019) replaced the 2014 code, which had itself replaced the Portuguese code of 1886. The 2014 reform decriminalised same-sex sexual conduct. The death penalty was abolished in 1990. Procedure follows the Código de Processo Penal as revised in 2019.
- Civil ProcedurePortuguese-derived procedure with community courts and 20-year ordinary prescriptionCivil procedure follows the received Portuguese Código de Processo Civil, with written pleadings and judge-led inquiry. Community courts (tribunais comunitários) operate at the base of the system applying custom and equity without professional judges. Ordinary prescription under the Civil Code is twenty years.
- Property & LandAll land owned by the state, with DUAT use rights that cannot be soldThe Constitution and the Lei de Terras (Lei 19/97) provide that all land is the property of the state and cannot be sold, mortgaged or otherwise alienated. Private parties hold a DUAT — direito de uso e aproveitamento da terra — a use right acquired by state grant, by occupation in good faith for ten years, or by customary occupation. Buildings and improvements can be owned and transferred, and a DUAT transfer requires state authorisation.
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