Law No. 1/2018 of 12 June – Law on the Targeted Revision of the Constitution of the Republic of Mozambique

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Terça-feira, 12 de Junho de 2018	I SÉRIE — Número 115
GOVERNMENT GAZETTE	OFFICIAL PUBLICATION OF THE REPUBLIC OF MOZAMBIQUE
2ND SUPPLEMENT

NATIONAL PRESS OF MOZAMBIQUE, E. P.

NOTICE The material to be published in the «Government Gazette» must be submitted in a duly authenticated copy, one for each subject, which must include, in addition to the necessary indications for this purpose, the following endorsement, signed and authenticated: For publication in the «Government Gazette».

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TABLE OF CONTENTS

Assembly of the Republic: Law No. 1/2018 Law on the Targeted Revision of the Constitution of the Republic of Mozambique

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ASSEMBLY OF THE REPUBLIC Law No. 1/2018 of 12 June

Whereas it is necessary to conduct a targeted revision of the Constitution of the Republic to align it with the process of consolidating the democratic reform of the State, deepening participatory democracy, and guaranteeing peace, reiterating respect for the values and principles of sovereignty and the unity of the State, under the provisions of paragraph a) of paragraph 2 of Articles 291 and 293, all of the Constitution of the Republic, the Assembly of the Republic enacts:

ARTICLE 1 (Amendments)

Articles 8, 135, 137, 138, 139, 159, 160, 166, 195, 204, 226, 244, 250, 275, 292 and Title XII are amended, and shall henceforth read as follows:

"ARTICLE 8 (Unitary State)

1. The Republic of Mozambique is a unitary State.
2. The State is guided by the principles of decentralization and subsidiarity.
3. The State respects, in its organization and functioning, the autonomy of provincial, district, and local government authorities.

ARTICLE 135 (General Principles of the Electoral System)

1. Universal, direct, equal, secret, personal, and periodic suffrage constitutes the general rule for the designation of the President of the Republic, Members of Parliament, members of Provincial Assemblies, Provincial Governors, District Assemblies, District Administrators, members of Local Assemblies, and Presidents of Local Councils.
2. The tabulation of election results shall follow the proportional representation system.
3. The supervision of voter registration and electoral acts shall be the responsibility of the National Elections Commission, an independent and impartial body whose composition, organization, functioning, and competences are established by law.
4. The electoral process shall be regulated by law.

ARTICLE 137 (Incompatibility)

1. The offices of President of the Republic, President of the Assembly of the Republic, Prime Minister, President of the Supreme Court, President of the Constitutional Council, President of the Administrative Court, Attorney-General of the Republic, Ombudsman, Vice-President of the Supreme Court, Deputy Attorney-General of the Republic, Member of Parliament, Deputy Minister, State Secretary, State Secretary in the Province, Provincial Governor, Member of the Provincial Assembly, District Administrator, Member of the District Assembly, President of the Local Council, Member of the Local Assembly, and active-duty military personnel are incompatible with each other.
2. The status of a member of the Government is also incompatible with the offices referred to in paragraph 1 of this article, except for the President of the Republic and the Prime Minister.
3. The law defines other incompatibilities, including between public offices and private functions.

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782 — (4)	I SÉRIE — NÚMERO 115
ARTICLE 138	ARTICLE 166
(Central Bodies)	(Competences)
The central bodies of the State are the sovereign bodies, the set of government bodies, and the institutions entrusted with ensuring the prevalence of the national interest and the implementation of the State's unitary policy.	It is incumbent upon the Council of State, in general, to advise the President of the Republic in the exercise of his functions whenever requested, and also to give an obligatory opinion on:
ARTICLE 139	a) [...]
(Competences of Central Bodies)	b) [...]

1. The central bodies generally have the competences related to the exercise of sovereignty, the regulation of matters within the scope of the law, and the definition of national policies. | c) [...]
2. The competences of the central bodies include, in particular: | d) [...] a) the exercise of sovereignty; | e) the dismissal of the Provincial Governor and District Administrator by the President of the Republic. b) the regulation of matters within the scope of the law; | ARTICLE 195 c) the definition of national policies; | (Competences) d) the implementation of the State's unitary policy; | It is incumbent upon the Standing Committee of the Assembly of the Republic: e) the representation of the State at the provincial, district, and local levels; | a) [...] f) the definition and organization of the territory; | b) [...] g) national defence; | c) [...] h) public security and order; | d) [...] i) border surveillance; | e) [...] j) the issuance of currency; | f) [...] k) diplomatic relations; | g) [...] l) mineral resources and energy; | h) [...] m) natural resources located on the surface and subsurface, in inland waters, in the territorial sea, in the contiguous zone to the territorial sea, on the continental shelf, and in the exclusive economic zone; | i) [...] n) the creation and alteration of taxes. | j) [...] ARTICLE 159 | k) [...] (General Competences) | l) to decide on matters of interpretation of the Rules of Procedure of the Assembly of the Republic during the interval between plenary sessions; It is incumbent upon the Head of State in the exercise of his function: | m) to integrate into the work of each session the initiatives of Members of Parliament, parliamentary groups, or the Government; a) [...] | n) [...] b) [...] | ARTICLE 204 c) [...] | (Competences) d) [...] | 1. [...] e) [...] | a) [...] f) [...] | b) [...] g) [...] | c) [...] h) [...] | d) [...] h1) to administer the oath of office to the Provincial Governor; | e) [...] h2) to dismiss the Provincial Governor and the District Administrator, in accordance with the Constitution; | f) [...] i) [...] | g) [...] j) [...] | h) [...] ARTICLE 160 | i) [...] (In the Domain of the Government) | j) [...] I. [...] | 2. It is also incumbent upon the Council of Ministers: a) [...] | a) [...] b) [...] | b) [...] c) [...] | c) to guide and direct the State's representation bodies and regulate their competences, organization, composition, functioning, and powers;
3. It is also incumbent upon the President of the Republic to appoint, dismiss, and remove: | c1) to exercise oversight, in accordance with the Constitution and the law, over provincial, district, and local government authorities; a) [...] | d) [...] b) [Eliminated] | e) [...] c) [...] | 3. [...] d) [...] | e) [...]| f) the State Secretary in the Province.|

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12 DE JUNHO DE 2018	782 — (5)
ARTICLE 226	4C. The President of the Local Council may be dismissed by the respective Local Assembly and by the State's oversight body, in accordance with the law.
(Composition)	4D. The regulation of the matters set out in the preceding paragraphs shall be established by law.

1. The Supreme Court is composed of judge-councillors, in a number established by law. | 5. The composition, organization, functioning, and other competences of the bodies of local government authorities shall be established by law.
2. [...] | ARTICLE 292
3. [...] | (Material Limits)
4. [...] | 1. Constitutional revision laws must respect: ARTICLE 244 | a) [...] (Competences) | b) [...]
5. It is incumbent upon the Constitutional Council: | c) [...] a) [...] | d) [...] b) [...] | e) [...] c) [...] | f) [...] c1) to review and deliberate on the dismissal of the Provincial Governor and District Administrator by the President of the Republic; | g) [...] c2) to review and deliberate on the dissolution of Provincial, District, and Local Assemblies by the Council of Ministers. | h) [...]
6. [...] | i) [...] a) [...] | j) the autonomy of decentralized provincial, district, and local government authorities; b) [...] | k) [...] c) [...] | l) [...] d) [...] | 2. [...] e) [...] | TITLE XII f) [...] | PUBLIC ADMINISTRATION, POLICE AND OMBUDSMAN g) [...] | ARTICLE 2 h) [...] | (Suppressions)
7. [...] | The following articles are suppressed: 141, 142, 262, 263, 264, 271, 276, 277, 278, 279, 280, 281, 302, 303, and 304. ARTICLE 250 | ARTICLE 3 (Structure) | (Additions)
8. [...] | The following articles are added to the Constitution of the Republic: 142-A, 270-A, 270-B, 270-C, 270-D, 270-E, 270-F, 270-G, 270-H, 270-I, 270-J, 270-K, 270-L, 270-M, 270-N, 270-O, 270-P, 270-Q, 270-R, 270-S, and 301-A, which shall read as follows: 1A. The Public Administration may be organized through other legal entities distinct from the State Administration, with the participation of citizens. | "ARTICLE 142-A
9. [...] | (State Secretary in the Province) ARTICLE 275 | 1. At the provincial level, the Central Government shall be represented by the State Secretary in the Province. (Deliberative and Executive Bodies) | 2. The State Secretary in the Province shall be appointed and sworn in by the President of the Republic.
10. [...] | 3. The State Secretary in the Province shall ensure the fulfillment of the exclusive and sovereign functions of the State, in accordance with the law.
11. [...] | 4. The State Secretary in the Province shall supervise and oversee the State's representation services in the Province and in the Districts.
12. The executive body of the local authority shall be the Local Council, directed by a President. | 5. The organization, composition, functioning, and competences of the State's representation services in the Province and District shall be defined by law.
13. Political parties, coalitions of political parties, and groups of citizen voters shall participate in the elections for the Local Assembly. | 4A. The Head of the List of the political party, coalition of political parties, or group of citizen voters that obtains the majority of votes in the elections for the Local Assembly shall be elected President of the Local Council. | 4B. The President of the Local Assembly shall administer the oath of office to the President of the Local Council, elected in accordance with paragraph 4A of this article. |

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782 — (6)	I SÉRIE — NÚMERO 115
TITLE XIII-A	ARTICLE 270-E
DECENTRALIZATION	(Regulatory Power)
CHAPTER I	Decentralized provincial, district, and local government authorities shall possess their own regulatory power, in conformity with the Constitution, laws, and regulations issued by authorities with oversight powers.
General Provisions	ARTICLE 270-F
ARTICLE 270-A	(Administrative Oversight)
(Objectives of Decentralization)	1. Decentralized provincial, district, and local government authorities are subject to the administrative oversight of the State.

1. Decentralization aims to organize citizen participation in solving the problems specific to their community, promote local development, and deepen and consolidate democracy, within the framework of the unity of the Mozambican State. | 2. State oversight over Provincial, District, and Local Assemblies, as well as their respective executive bodies, consists of verifying the legality of administrative and financial acts.
2. Decentralization relies on the initiative and capacity of the population and operates in close collaboration with citizen participation organizations. | 3. Exceptionally, and in cases expressly provided for by law, oversight may also extend to the merits of decisions issued by the supervised bodies. ARTICLE 270-B | 4. Provincial, District, and Local Assemblies may be dissolved by the Government due to serious actions or omissions provided for by law. (Decentralized Entities) | 5. The Decree of dissolution issued by the Government shall be subject to review and deliberation by the Constitutional Council, in accordance with the law.
3. Decentralization comprises: | ARTICLE 270-G a) decentralized provincial and district government authorities; | (Dismissal of the Provincial Governor and District Administrator) b) local government authorities. | 1. The President of the Republic may, after hearing the Council of State, dismiss the Provincial Governor and District Administrator in the following cases:
4. The State maintains its representations in decentralized entities for the exercise of exclusive and sovereign functions, as defined by law. | a) violation of the Constitution; ARTICLE 270-C | b) commission of acts prejudicial to national unity; (Autonomy of Decentralized Bodies) | c) proven and repeated violation of budgetary and financial management rules; The decentralized provincial, district, and local government authorities shall enjoy administrative, financial, and patrimonial autonomy, in accordance with the law. | d) conviction for crimes punishable by imprisonment. ARTICLE 270-D | 2. The Dismissal Decree issued by the President of the Republic shall be subject to review by the Constitutional Council, in accordance with the law. (Limits of Decentralization) | ARTICLE 270-H
5. Decentralization respects the unitary State, national unity, sovereignty, the indivisibility and inalienability of the State, and is guided by the principles of the prevalence of the national interest, subsidiarity, and gradualism. | (Coordination of Central State Bodies and Decentralized Entities)
6. The following also constitute limits to decentralization: matters of the exclusive competence of the central bodies of the State, namely: | 1. Sovereign bodies and other central State institutions shall consult decentralized provincial, district, and local government authorities on matters within their competence concerning provinces, districts, and local authorities. a) the exercise of sovereignty; | 2. The law shall establish the forms of coordination and cooperation between sovereign bodies, central State institutions, and decentralized bodies and local authorities. b) the regulation of matters within the scope of the law; | ARTICLE 270-I c) the definition of national policies; | (Personnel of Decentralized Entity Bodies) d) the implementation of the State's unitary policy; | 1. Decentralized provincial, district, and local government authorities shall have their own personnel framework, in accordance with the law. e) the representation of the State at the provincial, district, and local levels; | f) the definition and organization of the territory; | g) national defence; | h) public security and order; | i) border surveillance; | j) the issuance of currency; | k) diplomatic relations; | l) mineral resources and energy; | m) natural resources located on the surface and subsurface, in inland waters, in the territorial sea, in the contiguous zone to the territorial sea, on the continental shelf, and in the exclusive economic zone; | n) the creation and alteration of taxes. |

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782 — (8)	I SÉRIE — NÚMERO 115
e) the defence and promotion of human rights and the equality of citizens before the law;	CHAPTER II
f) the strengthening of democracy, freedom, social stability, and social and individual harmony;	Foreign Policy and International Law
g) the promotion of a society based on pluralism, tolerance, and a culture of peace;	ARTICLE 17
h) the development of the economy and the progress of science and technology;	(International Relations)
i) the affirmation of Mozambican identity, its traditions, and other socio-cultural values;	1. The Republic of Mozambique establishes relations of friendship and cooperation with other States based on the principles of mutual respect for sovereignty and territorial integrity, equality, non-interference in internal affairs, and reciprocity of benefits.
j) the establishment and development of relations of friendship and cooperation with other peoples and States.	2. The Republic of Mozambique accepts, observes, and applies the principles of the Charter of the United Nations and the Charter of the African Union.
ARTICLE 12	ARTICLE 18
(Secular State)	(International Law)

1. The Republic of Mozambique is a secular State. | 1. International treaties and agreements, validly approved and ratified, shall enter into force in the Mozambican legal order upon their official publication and while they internationally bind the State of Mozambique.
2. Secularism is based on the separation between the State and religious confessions. | 2. Rules of international law shall hold the same value in the internal legal order as sub-constitutional normative acts issued by the Assembly of the Republic and the Government, depending on their respective form of reception.
3. Religious confessions are free in their organization and in the exercise of their functions and worship, and must conform to the laws of the State. | ARTICLE 19
4. The State recognizes and values the activities of religious confessions with the aim of promoting an atmosphere of understanding, tolerance, peace, and the strengthening of national unity, the spiritual and material well-being of citizens, and economic and social development. | (International Solidarity) ARTICLE 13 | 1. The Republic of Mozambique stands in solidarity with the struggle of African peoples and States for unity, freedom, dignity, and the right to economic and social progress. (National Symbols) | 2. The Republic of Mozambique seeks to strengthen relations with countries committed to consolidating national independence, democracy, and the recovery of the use and control of natural resources for the benefit of their respective peoples. The symbols of the Republic of Mozambique are the flag, the emblem, and the national anthem. | 3. The Republic of Mozambique associates itself with all States in the struggle for the establishment of a just and equitable economic order in international relations. ARTICLE 14 | ARTICLE 20 (Secular Resistance) | (Support for the Freedom of Peoples and Asylum) The Republic of Mozambique values the heroic struggle and secular resistance of the Mozambican people against foreign domination. | 1. The Republic of Mozambique supports and stands in solidarity with the struggle of peoples for national liberation and democracy. ARTICLE 15 | 2. The Republic of Mozambique grants asylum to foreigners persecuted for their struggle for national liberation, democracy, peace, and the defence of human rights. (National Liberation, Defence of Sovereignty and Democracy) | 3. The law shall define the status of the political refugee.
5. The Republic of Mozambique recognizes and values the sacrifices of those who dedicated their lives to the struggle for national liberation, the defence of sovereignty, and democracy. | ARTICLE 21
6. The State ensures special protection to those who became disabled in the struggle for national liberation, as well as to orphans and other dependents of those who died in that cause. | (Special Ties of Friendship and Cooperation)
7. The law shall determine the terms for the effective implementation of the rights established in this article. | The Republic of Mozambique maintains special ties of friendship and cooperation with countries in the region, with Portuguese-speaking countries, and with countries hosting Mozambican migrants. ARTICLE 16 | ARTICLE 22 (War Disabled) | (Policy of Peace)
8. The State ensures special protection to those who became disabled during the armed conflict that ended with the signing of the General Peace Agreement in 1992, as well as to orphans and other direct dependents. | 1. The Republic of Mozambique pursues a policy of peace, resorting to force only in cases of legitimate self-defence.
9. The State also protects those who became disabled while performing public service or in a humanitarian act. |
10. The law shall determine the terms for the effective implementation of the rights established in this article. |

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