Preamble TITLE I. BASIC PRINCIPLES CHAPTER I. THE REPUBLIC Article 1. Republic of Mozambique Article 2. Sovereignty and Legality Article 3. Democratic Rule of Law Article 4. Legal Pluralism Article 5. Nationality Article 6. Territory Article 7. Territorial Organisation Article 8. Unitary State Article 9. National Languages Article 10. Official Language Article 11. Fundamental Objectives Article 12. Lay State Article 13. National Symbols Article 14. Age-old Resistance Article 15. National Liberation, Defence of Sovereignty and Democracy Article 16. War Disability CHAPTER II. FOREIGN POLICY AND INTERNATIONAL LAW Article 17. International Relations Article 18. International Law Article 19. International Solidarity Article 20. Support for Freedom of Peoples and Asylum Article 21. Special Ties of Friendship and Co-operation Article 22. Policy of Peace TITLE II. NATIONALITY CHAPTER I. NATIONALITY BY ORIGIN Article 23. Jus Soli and Jus Sanguinis Article 24. Jus Soli Article 25. By Age of Majority CHAPTER II. ACQUIRED NATIONALITY Article 26. By Marriage Article 27. By Naturalisation Article 28. By Filiation Article 29. By Adoption Article 30. Restrictions on the Performance of Functions CHAPTER III. LOSS AND REACQUISITION OF NATIONALITY Article 31. Loss Article 32. Reacquisition CHAPTER IV. PREVAILING NATIONALITY AND REGISTRATION Article 33. Prevalence of Mozambican Nationality Article 34. Registration TITLE III. FUNDAMENTAL RIGHTS, DUTIES AND FREEDOMS CHAPTER I. GENERAL PRINCIPLES Article 35. Principle of Universality Article 36. Principle of Equality Article 37. Disability Article 38. Duty to Respect the Constitution Article 39. Acts against National Unity Article 40. Right to Life Article 41. Other Individual Rights Article 42. Scope and Meaning of Fundamental Rights Article 43. Interpretation of Fundamental Rights Article 44. Duties Towards One’s Fellow Beings Article 45. Duties Towards the Community Article 46. Duties Towards the State Article 47. Rights of Children CHAPTER II. RIGHTS, DUTIES AND FREEDOMS Article 48. Freedom of Expression and Information Article 49. Broadcasting Rights, Right of Reply and of Political Response Article 50. Superior Council for the Media Article 51. Right to Freedom of Assembly and Demonstration Article 52. Freedom of Association Article 53. Freedom to Form, Participate in and Join Political Parties Article 54. Freedom of Conscience, Religion and Worship Article 55. Freedom of Residence and Movement CHAPTER III. INDIVIDUAL RIGHTS, FREEDOMS AND GUARANTEES Article 56. General Principles Article 57. Non-Retroactivity Article 58. Right to Compensation and State Responsibility Article 59. Right to Liberty and to Security Article 60. Application of Criminal Law Article 61. Restrictions on Penalties and Security Measures Article 62. Access to Courts Article 63. Attorneyship and Advocacy Article 64. Preventive Imprisonment Article 65. Principles of Criminal Process Article 66. Habeas corpus Article 67. Extradition Article 68. Inviolability of the Home and of Correspondence Article 69. Right to Contest Article 70. Right of Recourse to the Courts Article 71. Use of Computerised Data Article 72. Suspension of Rights CHAPTER IV. POLITICAL RIGHTS, FREEDOMS AND GUARANTEES Article 73. Universal Suffrage Article 74. Political Parties and Pluralism Article 75. Formation of Political Parties Article 76. Names Article 77. Resorting to Armed Violence Article 78. Social Organisations Article 79. Right of Petition, Complaint and Claim Article 80. Right of Resistance Article 81. Right of Popular Action CHAPTER V. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DUTIES Article 82. Right of Ownership Article 83. Right of Inheritance Article 84. Right to Work Article 85. Right to Retribution and to Safety at Work Article 86. Freedom of Professional Associations and Unions Article 87. Right to Strike and Prohibition of Lock Outs Article 88. Right to Education Article 89. Health Article 90. Right to a Balanced Environment Article 91. Housing and Urbanisation Article 92. Rights of Consumers Article 93. Physical Culture and Sport Article 94. Freedom of Cultural Creativity Article 95. Right to Assistance of the Disabled and the Aged TITLE IV. ECONOMIC, SOCIAL, FINANCIAL AND FISCAL ORGANISATION CHAPTER I. GENERAL PRINCIPLES Article 96. Economic Policy Article 97. Fundamental Principles Article 98. State Property and Public Domain Article 99. Sectors of Ownership of the Means of Production Article 100. Taxes CHAPTER II. ECONOMIC ORGANISATION Article 101. Co-ordination of Economic Activity Article 102. Natural Resources Article 103. Agriculture Article 104. Industry Article 105. Family Sector Article 106. Small Scale Production Article 107. National Business Sector Article 108. Foreign Investment Article 109. Land Article 110. Use and Enjoyment of Land Article 111. Rights Acquired Through Inheritance or Occupation of Land CHAPTER III. SOCIAL ORGANISATION Article 112. Labour Article 113. Education Article 114. Higher Education Article 115. Culture Article 116. Health Article 117. Environment and Quality of Life Article 118. Traditional Authority Article 119. Family Article 120. Motherhood and Fatherhood Article 121. Childhood Article 122. Women Article 123. Youth Article 124. Elderly Article 125. Disabled CHAPTER VI. FINANCIAL AND TAX SYSTEM Article 126. Financial System Article 127. Tax System Article 128. Economic and Social Plan Article 129. Drafting and Execution of the Economic and Social Plan Article 130. State Budget Article 131. Supervision Article 132. Central Bank TITLE V. ORGANISATION OF POLITICAL POWER SOLE CHAPTER. GENERAL PRINCIPLES Article 133. Sovereign Public Offices Article 134. Separation and Interdependence Article 135. General Principles of the Electoral System Article 136. Referenda Article 137. Incompatibility Article 138. Central Offices Article 139. Powers of Central Offices Article 140. Heads and Agents of Public Offices Article 141. Provincial Government Article 142. Provincial Assemblies Article 143. Normative Acts Article 144. Publicity Article 145. Representation of Central Offices TITLE VI. PRESIDENT OF THE REPUBLIC CHAPTER I. STATUTE AND APPOINTMENT Article 146. Definition Article 147. Eligibility Article 148. Election Article 149. Incompatibility Article 150. Investiture and Swearing Into Office Article 151. Disability or Absence Article 152. Interim Substitute and Incompatibilities Article 153. Criminal Responsibility Article 154. Preventive Detention Article 155. Election in the Event of Vacancy of Office Article 156. Incapacitation Article 157. Regime Governing the Interim Period Article 158. Form of Acts CHAPTER II. POWERS Article 159. General Powers Article 160. In Matters of Government Article 161. In Matters of Defence and Public Order Article 162. In Matters of International Relations Article 163. Enactment and Veto CHAPTER III. COUNCIL OF STATE Article 164. Definition and Composition Article 165. Taking Office and Status Article 166. Powers Article 167. Functioning TITLE VII. ASSEMBLY OF THE REPUBLIC CHAPTER I. STATUS AND ELECTION Article 168. Definition Article 169. Functions Article 170. Election and Composition Article 171. Term of Office of Deputies Article 172. Incompatibility Article 173. Powers of Deputies Article 174. Immunities Article 175. Non-Liability Article 176. Rights and Privileges of Deputies Article 177. Duties of Deputies Article 178. Resignation and Loss of Office CHAPTER II. POWERS Article 179. Powers Article 180. Laws Delegating Legislative Authority Article 181. Decree-Laws Article 182. Form of Acts Article 183. Legislative Initiative Article 184. Rules for Debate and Voting CHAPTER III. ORGANISATION AND FUNCTIONING Article 185. Legislative Term Article 186. Parliamentary Sessions Article 187. Quorum and Decision Making Article 188. Dissolution Article 189. Restrictions on Dissolution Article 190. President of the Assembly of the Republic Article 191. Powers of the President of the Assembly of the Republic Article 192. Vice Presidents of the Assembly of the Republic Article 193. Standing Commission Article 194. Permanence Article 195. Powers Article 196. Parliamentary Benches Article 197. Powers of the Parliamentary Benches Article 198. Government Five-Year Programme Article 199. Participation of Members of Government in the Sessions TITLE VIII. GOVERNMENT CHAPTER I. DEFINITION AND COMPOSITION Article 200. Definition Article 201. Composition Article 202. Convocation and Chairmanship CHAPTER II. POWERS AND RESPONSIBILITIES Article 203. Functions Article 204. Powers Article 205. Powers of the Prime Minister Article 206. Relationship with the Assembly of the Republic Article 207. Accountability of the Council of Ministers Article 208. Political Accountability of Members of Government Article 209. Collective Responsibility Article 210. Form of Acts Article 211. Immunities TITLE IX. COURTS CHAPTER I. GENERAL PRINCIPLES Article 212. Jurisdictional Function Article 213. Educational Function Article 214. Unconstitutionality Article 215. Court Decisions Article 216. Participation of Elected Magistrates CHAPTER II. STATUTE OF JUDGES Article 217. Independence of Judges Article 218. Responsibility Article 219. Incompatibility Article 220. Superior Council of the Judiciary Article 221. Composition Article 222. Powers CHAPTER III. ORGANISATION OF THE COURTS SECTION I. CATEGORIES OR COURTS Article 223. Categories of Courts Article 224. Courts Martial SECTION II. SUPREME COURT Article 225. Definition Article 226. Composition Article 227. Functioning SECTION III. ADMINISTRATIVE COURT Article 228. Definition Article 229. Composition Article 230. Powers Article 231. Organisation and Functioning Article 232. Superior Council of the Administrative Judiciary Article 233. Incompatibility TITLE X. PUBLIC PROSECUTION SERVICE Article 234. Definition Article 235. Nature Article 236. Functions Article 237. Office of Attorney General of the Republic Article 238. Superior Council of the Public Prosecution Service Article 239. Attorney General and Deputy Attorney General of the Republic Article 240. Deputy Attorneys General TITLE XI. CONSTITUTIONAL COUNCIL Article 241. Definition Article 242. Composition Article 243. Incompatibility Article 244. Powers Article 245. Request for Evaluation of Unconstitutionality Article 246. Anticipatory Finding of Constitutionality Article 247. Appeals Article 248. Judgements Binding and Unappealable TITLE XII. PUBLIC ADMINISTRATION, POLICE, OMBUDSMAN AND LOCAL STATE BODIES CHAPTER I. PUBLIC ADMINISTRATION Article 249. Fundamental Principles Article 250. Structure Article 251. Access and Statute of Officers Article 252. Hierarchy Article 253. Rights and Guarantees of Citizens CHAPTER II. POLICE Article 254. Definition Article 255. Command and Organisation CHAPTER III. OMBUDSMAN Article 256. Definition Article 257. Election Article 258. Independence Article 259. Powers Article 260. Duty to Collaborate Article 261. Statute, Procedures and Organisation CHAPTER IV. LOCAL STATE BODIES Article 262. Definition Article 263. Organisational Principles Article 264. Functions TITLE XIII. NATIONAL DEFENCE AND NATIONAL DEFENCE AND SECURITY COUNCIL CHAPTER I. NATIONAL DEFENCE Article 265. Fundamental Principles Article 266. Defence Force and Security Service Article 267. Defence of the Motherland, Military Service and Civic Service CHAPTER II. NATIONAL DEFENCE AND SECURITY COUNCIL Article 268. Definition and Composition Article 269. Powers Article 270. Organisation and Functioning TITLE XIV. LOCAL ADMINISTRATION Article 271. Objectives Article 272. Local Authorities Article 273. Categories of Local Authorities Article 274. Creation and Dissipation of Local Authorities Article 275. Executive and Decision Making Bodies Article 276. Local Property and Revenue Article 277. Administrative Supervision Article 278. Regulatory Powers Article 279. Staff of Local Authorities Article 280. Organisation Article 281. Term of Office TITLE XV. CONSTITUTIONAL GUARANTEES CHAPTER I. STATES OF SIEGE AND OF EMERGENCY Article 282. States of Siege or of Emergency Article 283. Choice of Declaration Article 284. Duration Article 285. The Declaration Process Article 286. Limits of the Declaration Article 287. Restrictions on Individual Freedoms Article 288. Detention Article 289. Functioning of the Sovereign Public Offices Article 290. Termination CHAPTER II. AMENDING THE CONSTITUTION Article 291. Initiative Article 292. Restrictions as to Subject Matter Article 293. Restrictions as to Time Article 294. Restrictions as to Circumstances Article 295. Voting and Form Article 296. Constitutional Amendments TITLE XVI. SYMBOLS, CURRENCY AND CAPITAL OF THE REPUBLIC Article 297. National Flag Article 298. Emblem Article 299. National Anthem Article 300. Currency Article 301. Capital TITLE XVII. FINAL AND TRANSITORY PROVISIONS Article 302. Flag and Emblem Article 303. Constitutional Council Article 304. Provincial Assemblies Article 305. Previous Law Article 306. Entry into Force
TITLE X. PUBLIC PROSECUTION SERVICE
Article 234. Definition
The Public Prosecution Service shall constitute a hierarchically organized magistracy, which is subordinate to the Attorney General of the Republic.
In the exercise of their functions, the judicial officers and agents of the Public Prosecution Service shall be subject to the criteria of legality, objectivity, impartiality and exclusive obedience to the directives and orders prescribed by law.
The Public Prosecution Service shall enjoy its own statute and autonomy, within the terms of the law.
Article 235. Nature
The Public Prosecution Service shall comprise a magistracy, the Office of the Attorney General of the Republic and subordinate offices.
Article 236. Functions
The Public Prosecution Service shall represent the State and defend such interests as the law may determine, and it shall control the legality and duration of detentions, shall conduct the institution of criminal proceedings, shall exercise penal authority, and shall ensure the legal defence of minors and absent or incapacitated persons.
Article 237. Office of Attorney General of the Republic
The Office of the Attorney General shall be the highest office of the Public Prosecution Service, and its organisation, composition and powers shall be defined by law.
The Attorney General of the Republic, assisted by the Deputy Attorney General of the Republic, shall head the Office of the Attorney General.
Article 238. Superior Council of the Public Prosecution Service
The Office of the Attorney General of the Republic shall include the Superior Council of the Public Prosecution Service, which shall include members elected by the Assembly of the Republic, and members elected by the judicial officers of the Public Prosecution Service from among their number.
The Superior Council of the Public Prosecution Service shall be the body responsible for the management and discipline of the Public Prosecution Service.
The law shall regulate the organisation, composition and functioning of the Superior Council of the Public Prosecution Service.
Article 239. Attorney General and Deputy Attorney General of the Republic
The Attorney General and the Deputy Attorney General of the Republic shall be appointed by the President of the Republic for a period of five years, from among persons who shall hold degrees in law and shall have at least ten years of professional experience in the judiciary or practice at the bar or in teaching law, and their terms of office may not be terminated otherwise than by:
compulsory retirement consequent to disciplinary or criminal proceedings;
acceptance of a position or office which is incompatible with the exercise of his functions.
The Attorney General of the Republic shall be accountable to the Head of State.
The Attorney General of the Republic shall report annually to the Assembly of the Republic.
Article 240. Deputy Attorneys General
The Deputy Attorneys General shall represent the Public Prosecution Service before the divisions of the Supreme Court and the Administrative Court, and their office shall be the highest office in the magistracy of the Public Prosecution Service.
Deputy Attorneys General shall be nominated by the President of the Republic on the recommendation of the Superior Council of the Public Prosecution Service, on the basis of their curricula, after a public tender open to national citizens of reputed merit, who shall hold degrees in law and be in full possession of their civil and political rights and who, at the time of the tender, shall be of at least thirty-five years of age and shall have at least ten years of experience in the legal profession or in teaching law.