Mozambique · Overview
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 jurídicos assist in lower courts.
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