Find Legal expertise in Mozambique
- Legal System
Mozambique’s legal system is based on civil law and thus legislation is the primary source of law. Courts base their judgements on legislation and there is no binding precedent as understood in common law systems. The court structure is based on a three tier system comprising of the district, province and supreme courts. Serious criminal cases are tried in the Supreme Court, which is also the final court of appeal. Smaller courts include the Administrative Court, the courts-martial, customs, maritime and labour courts. Supreme Court judges are either appointed by the president or elected by parliament. The death penalty was abolished under the 1990 constitution.
The 2004 constitution recognises the existence of legal pluralism. The term ‘lawyer’ is used to describe all those who have successfully completed their law degree, but anyone wishing to practice as an advocate must undertake a two-year traineeship and is required to join the Mozambican Bar Association (Ordem dos Advogados de Moçambique, OAM), which is a member of the International Bar Association. In 2005 a total of 313 advocates were members of the OAM, and in addition there were 196 trainee advocates enrolled in the two-year apprenticeship scheme. Foreign lawyers have limited rights to practice in Mozambique. Expansion of Portuguese law firms into Portuguese speaking countries raised this issue and many have called for clarification on how far they are permitted to practice within the system.
Major firms include Couto, Graça e Associados Limitada (CGA),Fernanda Lopes & Associados-Advogados, Ferreira Rocha & Associados, GLM – Gabinete Legal Moçambique, Miranda Correia Amendoeira & Associados -Sociedade De Advogados, Pimenta, Dionísio e Associados, PLMJ – A.M. Pereira, S. Leal, O. Martins, Júdice & Associados and SAL & Caldeira Advogados
Information from the World Economic Forum, The Global Competitiveness Report 2012-2013
Legal rights index
Efficiency of legal framework in settling disputes
Efficiency of legal framework in challenging regulations
Property rights (including financial assets)
Intellectual property protection