Mozambique: Constitution
Updated January 2008
| CONSTITUTION | Constitution came into force in November 1990. Amended by Law 6/96 to allow for decentralisation of power. Further amendments passed in December 1998 to create an IEC and in November 2004 to weaken presidential power and provide for elected provincial assemblies[1]. Law 2/97 and Law 11/97 provide for local government[2]. |
| FORM OF STATE | Republic |
| HEAD OF STATE | The President is Head of State and Government and Commander-in-Chief of the Defence Forces[3]. The President is elected by universal adult francise by an absolute majority and the tenure of office is five years. The President is restricted to two five year terms, but is eligible for reelection five years after previous terms[4]. |
| EXECUTIVE | Executive power lies with the President who appoints and dismisses the Prime Minister and who exercises executive power directly or through the Council of Ministers[5]. |
| LEGISLATURE | The Assembly of the Republic is the legislature and consists of 250 members elected every five years by proportional representation; 5% entry threshold abolished in 2006. 248 seats are elected from the 12 provinces each acting as a constituency, with the number of seats alloated to each province based on the population. Two members are elected by expatriates, one for Africa and Europe each[6]. |
| JUDICIARY | The judicial system comprises a Supreme Court, an Administrative Court and other lower courts as well as specialised courts[7]. The Supreme Court Consists of professional judges, appointed by the President and who decide matters of law and judges elected by the Assembly of the Republic[8]. The Administrative Court has jurisdiction over public administration and spending[9]. The Constitutional Council adjudicates on matters of constitutional and electoral law[10]. |
| AMENDMENT | Amendments to the constitution require a two-thirds majority in the Assembly of the Republic[11]. |
Notes
[1] Constitution of Mozambique 1990.
[2] Antonio undated, 9-10
[3] Constitution of Mozambique 1990, Article 117.
[4] Constitution of Mozambique 1990, Article 118. After a period of 5 years out of office the person is eligible to stand again.
[5] Constitution of Mozambique 1990, Article 121. An amendment in 2004 provides for an advisory body, the Council of State, who must be consulted by the President, but whose advice need not be heeded.
[6] Constitution of Mozambique 1990, Article 134.
[7] Constitution of Mozambique 1990, Article 167.
[8] Constitution of Mozambique 1990, Article 170.
[9] Constitution of Mozambique 1990, Article 173.
[10] Constitution of Mozambique 1990, Article 181.
[11] Constitution of Mozambique 1990, Article 199.
References
ANTONIO, V UNDATED "Local government reform in Mozambique", SADC Regional Information Centre, [www] http://www.locgovinfo.co.zw/reform.pdf [PDF document, opens new window] (accessed 24 Oct 2007).
CONSTITUTION OF MOZAMBIQUE 1990, [www] http://www.kituochakatiba.co.ug/mozamcon.htm [opens new window] (accessed 24 Oct 2007). For Portuguese see: Constituição da República de Moçambique (incluindo as revisões de 1994 e 2004), [www] http://www.mozambique.mz/pdf/constituicao.pdf [PDF document, opens new window] (accessed 24 Oct 2007).
