Law No. 10/2022 of 7 July on the Organization, Composition, Functioning and Competences of Maritime Courts

OFFICIAL GAZETTE
OFFICIAL PUBLICATION OF THE REPUBLIC OF MOZAMBIQUE SUMMARY NOTICE The matter to be published in the "Official Gazette" must be submitted as 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 "Official Gazette". NATIONAL PRESS OF MOZAMBIQUE, E.P. Assembly of the Republic:
Law No. 10/2022:
Concerning the revision of Law No. 5/96 of 4 January, which approves the Organization, Composition, Functioning and Competences of Maritime Courts and repeals Law No. 5/96 of 4 January. Law No. 11/2022:
Revises Law No. 14/2013 of 12 August, the Law on the Prevention and Combating of Money Laundering and Financing of Terrorism.
Thursday, 7 July 2022 SERIES I — Number 130

ASSEMBLY OF THE REPUBLIC
Law No. 10/2022 of 7 July

Whereas it is necessary to revise Law No. 5/96 of 4 January, which approves the Organization, Composition, Functioning and Competences of Maritime Courts, under the provisions of paragraph 1 of Article 178 and paragraph 2 of Article 222, both of the Constitution of the Republic, the Assembly of the Republic enacts:

CHAPTER I
General Provisions

Article 1
(Subject Matter)
The purpose of this Law is to establish the legal regime for the organization, composition, functioning and competences of maritime courts.

Article 2
(Scope)
Maritime courts settle disputes related to maritime, fluvial and lacustrine jurisdiction in civil, criminal and commercial matters, as well as maritime, fluvial, lacustrine contraventions and other matters of a maritime, fluvial and lacustrine nature that are not assigned by law to another jurisdiction.

Article 3
(Nature)
Maritime courts are organs of sovereignty, with specialized competence to administer justice in disputes inherent to maritime, fluvial and lacustrine jurisdiction, and to adjudicate contraventions of a maritime, fluvial and lacustrine nature in accordance with the law.

Article 4
(Definitions)
The terms and expressions used in this Law are defined in the Glossary attached, which forms an integral part.

Article 5
(Jurisdiction)
The jurisdiction of maritime courts covers:
a) the national maritime space and all fluvial and lacustrine waters and their respective beds and subsoil, as well as the public domain adjacent to such waters; b) port areas and shipbuilding and repair yards, dry docks, slipways, fishing gear sheds and their camps and installations of a similar nature.

Article 6
(Jurisdictional Amount)

1. The jurisdictional amount of maritime courts, in civil and commercial matters, corresponds to that of provincial judicial courts and is determined based on the value of the minimum wage in force in the Public Service.
2. In matters of maritime crimes, there is no jurisdictional amount, without prejudice to provisions regarding the admission of appeals.

CHAPTER II
Organization, Functioning and Competences of Maritime Courts

SECTION I
Organization and Functioning

Article 7
(Commencement of Operation)

1. The commencement of operation of maritime courts and their organization into sections are determined by the President of the Supreme Court, upon proposal of the Superior Council of the Judicial Magistrates.
2. Maritime courts operate in the capital city of the province where they are installed.
3. Excepted from the provision of paragraph 2 of this article are the maritime courts of the provinces of Tete, which operate in the Town of Songo, of Nampula, which operate in the City of Nacala, and of Niassa, which operate in the Town of Metangula.

Article 8
(Organization)

1. Maritime courts, as organs of specialized competence, are organized and operate in civil and criminal sections.
2. The civil section is competent to hear all cases within its jurisdiction, including commercial matters.
3. For the purposes of paragraph 2 of this article, more than one section of the same kind may be created in maritime courts.

Article 9
(Administrative Body)

1. The Administrative Secretariat is the permanent body of maritime courts.
2. At the provincial level, maritime courts are assisted by Judicial Administrators.

Article 10
(Administrative Secretariat)

1. The Administrative Secretariat of maritime courts is the permanent body for the conception, coordination and execution of the general administrative matters common to and technical-administrative support for all maritime courts.
2. The Administrative Secretariat of maritime courts is directed by an Administrative Secretary.
3. The Administrative Secretary of maritime courts is selected through a public competition.
4. The Administrative Secretariat of maritime courts has its headquarters in the City of Maputo.

Article 11
(Competences of the Administrative Secretariat) The Administrative Secretariat of maritime courts is competent to:
a) plan, guide, coordinate and ensure the execution of all technical-administrative support activities for the jurisdictional function of maritime courts; b) ensure the necessary support for the activities of the management bodies of the maritime court apparatus, in the exercise of their duties; c) articulate with provincial administrators in the planning and execution of technical-administrative support activities for the jurisdictional function of maritime courts; d) exercise other competences assigned to it by the management bodies of the judicial apparatus, in accordance with regulations.

Article 12
(Composition)

1. Maritime courts are composed of:
   a) one Judge of Law, when operating at first instance; b) three Judges of Law, when operating at second instance.
2. Maritime courts may include two elected judges, in addition to the Judge of Law, operating at first instance, at the request of any of the parties, or of the Public Prosecutor's Office, or by initiative of the Judge presiding over the hearing.
3. The Judge of Law is the President of the court.
4. Where a maritime court has more than one section, the Presiding Judge is appointed by the President of the Supreme Court, after hearing the Superior Council of the Judicial Magistrates.
5. The intervention of elected judges is restricted to the discussion and decision on matters of fact.
6. Maritime courts may be assisted by technical advisors, selected from officers of the Merchant Navy and senior officials of the maritime administration, with at least five years of experience, on secondment and through a limited competition.

Article 13
(Deliberations)

1. Maritime courts deliberate validly when duly constituted, except in cases provided for by law, or where the court decides with a single judge.
2. When the court operates collectively, all judges intervene in the analysis of matters of fact and law.
3. In the cases referred to in paragraph 2 of this article, decisions are taken by a simple majority of votes.

Article 14
(Representation of the Public Prosecutor's Office)

1. The Public Prosecutor's Office is represented in maritime courts by a Provincial-level Prosecutor.
2. The Public Prosecutor's Office acts ex officio and enjoys the powers and faculties established in this Law and in procedural laws.

Article 15
(Shifts)

1. Maritime courts operate in shifts every day, including the judicial vacation period, to resolve urgent matters.
2. The organization of shifts falls to the President of the Supreme Court, who may delegate this competence to the President of each maritime court, who decides, after hearing the respective professional judges.

SECTION II
Competences

Article 16
(Territorial Competence)
The territorial competence of maritime courts corresponds to the province where they are installed.

Article 17
(Competences in Civil Matters)
Maritime courts are competent to hear, in civil matters, among other issues, the following:
a) indemnities due for damages caused to or suffered by vessels and other floating equipment or constructions, or resulting from their maritime use, under general Law; b) contracts for the construction, repair, purchase and sale of vessels and other floating or fixed equipment, provided they are intended for use at sea, in rivers or lakes; c) contracts for transport by sea, river or lake, or combined transport contracts with maritime, fluvial or lacustrine transport; d) contracts for the maritime use of vessels or floating or fixed constructions at sea, notably chartering contracts and financial leasing contracts, for maritime, fluvial or lacustrine purposes; e) insurance contracts for vessels and other floating or fixed equipment intended for maritime, fluvial or lacustrine use and their respective cargo; f) special proceedings regarding vessels, other floating constructions and their respective cargo; g) precautionary measures regarding vessels, floating or fixed constructions at sea, in rivers or lakes, their respective cargo, fuels, lubricants and other values belonging to the respective vessels or constructions, as well as the preliminary request to the competent Maritime Authority to suspend the departure of items that constitute the object of such measures; h) general or particular average, including those concerning vessels or other floating or fixed constructions intended for maritime, fluvial or lacustrine use; i) maritime assistance and salvage; j) towage and pilotage contracts; k) removal of vessel wreckage, as well as the recovery of lost cargo resulting from shipwreck or other maritime, lacustrine or fluvial events; l) civil liability arising from pollution damages at sea and other waters under the jurisdiction of the competent Maritime Authority; m) use, loss, finding or appropriation of fishing gear or shellfish, mollusk and marine plant harvesting equipment, anchors, rigging, weapons, provisions and other objects intended for navigation or fishing, as well as material damages; n) damages caused to public domain assets of a maritime, fluvial or lacustrine nature; o) prizes; p) mortgages and privileges on ships and vessels, as well as any real guarantees on floating engines and their respective cargoes; q) ownership and possession of flotsam and items originating from or resulting from sea waters, or existing therein, lying in their respective soils or subsoils or originating from or existing in inland waters, if maritime interest is involved; r) all matters concerning Private Maritime Law; s) Commercial Law within the maritime, fluvial and lacustrine scope.

Article 18
(Competence in Criminal Matters)

1. Maritime courts are competent to try maritime crimes committed within their jurisdictional area and thus classified by maritime criminal law or other applicable legislation.
2. Maritime courts are also competent to hear maritime contraventions that coincide with any maritime crime.

Article 19
(Enforcement of Decisions)

1. Maritime courts are competent to enforce their respective decisions.
2. Maritime courts are also competent to enforce based on other executive titles, when concerning obligations assumed within the scope of matters related to civil and commercial issues.

Article 20
(Maritime Crimes)
Maritime crimes are considered to be offenses that, due to their close relationship with life at sea, in rivers or lakes, are classified as such by maritime criminal law and other applicable legislation.

Article 21
(Competence in Matters of Contraventions)

1. Local maritime administrations are competent to hear maritime contraventions that do not fall under the provision of Article 20 of this Law.
2. The maritime court is also competent to hear appeals against decisions issued by the local maritime administrator in maritime contravention proceedings.

Article 22
(International Competence)

1. In matters of International Maritime Law and prize, any pact intended to deprive Mozambican courts of jurisdiction, when such jurisdiction is attributed to them, has no validity, in accordance with procedural provisions regarding international competence applied by judicial courts.
2. The provision of paragraph 1 of this article does not apply if the contracting parties are foreigners, and if it concerns an obligation to be fulfilled in foreign territory that does not concern assets located, registered or recorded in Mozambique.

Article 23
(Competence of the Maritime Court in the Second Instance) The provincial maritime court, operating as a court of second instance, is competent to hear appeals lodged against decisions of the maritime administrator and others that must be submitted to it by law.

Article 24
(Competence of the Presiding Judge)
The Presiding Judge of the provincial maritime court is competent to:
a) direct and represent the court; b) supervise the Secretariat, the Registry, other support services and ensure their correct functioning; c) direct the distribution of cases; d) preside over the investiture act of elected judges of the court; e) preside over court or section conferences and trials of which they are a member; f) distribute judges among the court's sections; g) inform the Supreme Court about the movement and distribution of judges; h) provide information on the court's activities; i) confer office on court employees and provide them with service information; j) exercise disciplinary action over court employees; k) control the management of the budget and assets, as well as the collection of State revenues and the Courts' Treasury; l) exercise other duties provided by law.

Article 25
(Competence of the Section Presiding Judge)
The Section Presiding Judge is competent to:
a) direct trial sessions; b) supervise the Secretariat, the Registry, other support services and ensure their correct functioning; c) exercise disciplinary action over section employees, within the limits of their duties; d) control the management of the budget and assets, as well as the collection of State revenues and the Section's Treasury; e) provide information to the court presidency on the activity carried out in the section; f) exercise other duties provided by law.

Article 26
(Competence of the Judge)
The Judge of the maritime court is competent to:
a) direct the cases assigned to them, issuing the respective rulings; b) direct and judge instructional acts, considering the facts and circumstances emerging from the records; c) guide proceedings to ensure speed, without prejudice to the defense of the interested parties and the purpose of the courts; d) present to the court cases ready for trial; e) exercise other duties conferred by law.

Article 27
(Registry)

1. A Registry directed by a Clerk operates in each maritime court.
2. Whenever the volume and complexity of jurisdictional activity or other circumstances justify it, a secretariat directed by a judicial registry distributor may be created.

Article 28
(Judicial Administrator of the Maritime Court)

1. The Judicial Administrator of the maritime court exercises superintendence functions in matters of support for jurisdictional activity, as well as in the permanent direction and coordination of technical-administrative support services.
2. The Judicial Administrator of the maritime court hierarchically answers to the presiding judges and the administrative secretaries of the courts.

CHAPTER III
Appointment of Judges

Article 29
(Status of Judges)

1. The provisions of the Statute of the Judicial Magistrates apply, with the necessary adaptations, to judges of maritime courts.
2. The Superior Council of the Judicial Magistrates is responsible for ensuring the management and discipline, the immovability and the subjection to any order or instruction of magistrates of maritime courts.

Article 30
(Rights and Duties)
Judges of maritime courts have the same rights and duties, according to their rank and career, established in the Statute of the Judicial Magistrates.

Article 31
(Entry into the Maritime Judiciary)
Magistrates of maritime courts are selected and appointed, after specific training, in accordance with the Statute of the Judicial Magistrates.

CHAPTER IV
Proceedings

Article 32
(Commencement of Proceedings)

1. Actions must be filed in the court of the defendant's domicile or, if this person is a legal entity or commercial company, in the place where it has its headquarters, branch, agency, subsidiary or delegation.
2. If it concerns a navigation agent, at the seat of their representation.
3. If the action is filed in a location different from that provided for in paragraphs 1 and 2 of this article, the respective court refers the case to the competent court.

Article 33
(Navigation Agent)
Whenever circumstances justify it, any crew member may be constituted by the court as a navigation agent, at the request of the parties or ex officio.

Article 34
(Initiation of Proceedings)
Proceedings may be initiated before maritime courts within 180 days, from the knowledge of the occurrence of the fact that gives rise to it:
a) the Public Prosecutor's Office; b) interested parties.

Article 35
(Form of Proceedings)

1. The form of procedural acts is summary and urgent in nature, and must be as simple and appropriate as possible for the ascertainment of truth and the obtaining of a fair solution.
2. The petition or request must be submitted in writing, briefly and specifically describing the facts motivating the request, the cause of action, presenting existing documentary evidence, requesting the carrying out of evidence-gathering measures and offering witnesses.

Article 36
(Summons of the Parties)

1. Upon receipt and registration of the petition or request, maritime courts notify the opposing party, summoning them to respond, if they wish, within a period of five days.
2. Failure to respond determines the immediate confession of the facts listed in the petition or request, without the need for a hearing, unless it is shown that the request is manifestly illegal, or the court deems it necessary to carry out evidence-gathering measures to achieve a fair solution.

Article 37
(Conciliation Measures)

1. Maritime courts may carry out conciliation measures at any stage of the proceedings, whenever deemed possible.
2. If an agreement is reached, the respective term must be reduced to writing and signed by the parties, and the records must contain precise indications regarding payments, deadlines and place of fulfillment.

Article 38
(Appearance of the Parties)

1. The plaintiff and defendant must appear in person on the day scheduled for trial.
2. Maritime courts may summon to the proceedings, not only the parties involved in the conflict, their representatives or attorneys, but also any person or authority considered necessary for the ascertainment of truth.
3. Having been duly notified, the unjustified failure to appear implies condemnation of the request when the failure is that of the defendant, and withdrawal of the request when the failure is that of the plaintiff.
4. Parties may be represented by a judicial attorney, provided they are granted power for this purpose.
5. If both duly notified parties fail to appear without justification, the case is archived, and the matter cannot be reconsidered by maritime courts, except when it concerns matters of public interest or diffuse rights and environmental damages.

Article 39
(Deadlines for Justification)

1. Justification must be submitted within two days after the date scheduled for trial, after which, if the failure is not justified or the justification is not accepted, the court proceeds in accordance with Article 38 of this Law.
2. If any notified party fails to appear by public notice, maritime courts resolve as justice dictates and in accordance with the elements that are ascertained.

Article 40
(Justified Absence)

1. If both or one of the parties fail to appear and the justification is accepted, a new date for the trial is determined.
2. Failure to appear at the 2nd session produces the effects provided for in paragraphs 3 and 5 of Article 38 of this Law.

Article 41
(Adjournment of Trial)

1. The hearing for discussion and trial may only be adjourned once, provided the party's request is duly justified, except for adjournments initiated by the court.
2. The submission of the request to the court does not imply approval of the request, with acceptance depending on the judge's ruling within a period of 48 hours.

Article 42
(Judgment)

1. The judgment may be immediately dictated into the record.
2. In cases of procedural complexity, the judge records in the hearing record the facts they consider proven and must draft a reasoned judgment within eight days.

Article 43
(Enforcement of Judgment)

1. The court of the action is competent for the enforcement of the corresponding decision.
2. The maritime court is also competent for enforcement based on other executive titles, when concerning obligations assumed within the scope of matters referred to in Article 17 of this Law.
3. The enforcement of a judgment issued by a foreign court or a foreign arbitral decision on Maritime Law matters, which has been duly reviewed and confirmed, is assigned to the Maritime Court of Maputo.

Article 44
(Failure to Comply with Judgment)

1. The party that fails to fulfill the obligations imposed by a final decision or a duly homologated agreement within 30 days, when the object is the right to remuneration, incurs the penalty applied to the crime of disobedience.
2. The Public Prosecutor's Office, after the case is forwarded, is responsible for carrying out measures for criminal liability purposes.
3. In the event that no guarantee has been provided, the court orders the attachment of the debtor's assets necessary to pay the debt or repair the damage, provided that the opposing party has provided a suitable guarantee.
4. The application of the provisions of paragraphs 1, 2 and 3 of this article does not exempt the convicted party from obligations arising from the final judgment.

Article 45
(Challenge to Decision)
An appeal lies against the decision of the maritime court, according to the rules of competence based on hierarchy.

Article 46
(Effects of Appeal)
The appeal of a final and enforceable decision, regarding concluded proceedings in any of the sections of the maritime court, has a merely devolutive effect.

CHAPTER V
Urgent and Special Proceedings

Article 47
(Protective Measures)

1. Upon request for arrest or another protective measure regarding vessels or floating constructions or their respective cargoes, fuels and lubricants, or other values belonging to a vessel, the court secretariat immediately issues payment vouchers for the initial fee and, upon payment, refers the case immediately to the judge.
2. The Judge decides, within a period of 24 hours, whether the case should proceed and, if there is no grounds for summary dismissal, determines, at the request of the petitioner or their representative, that the maritime administrator, in the locality within whose jurisdiction the object of the measure is located, takes with the greatest