Mozambique

Constitution of the Republic of Mozambique (2004, last amended 2014)

Updated: June 2015

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Article 73 states:

The Mozambican people shall exercise political power through elections of their representatives by universal, direct, equal and periodic suffrage and by secret ballot, through referenda on major national issues, and through the permanent democratic participation of citizens in the affairs of the nation.

 

Excerpt from the Constitution of the Republic of Mozambique (2004, last amended 2014)

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Article 151 states:

(1) In the event of short-term disability or absence of the President of the Republic from the country, he shall be substituted by the President of the Assembly of the Republic or, in his absence, by his substitute…

(3) The Assembly of the Republic, the Constitutional Council and the Government shall  be  notified  immediately  of  any  short-term  disability  or  absence  of  the President of the Republic.

 

Article 152 states:

(1) The President of the Assembly of the Republic shall also assume the functions of the Head of State on an interim basis in the following circumstances:

  • (a) in the event of death or permanent incapacitation, certified by a medical board…

(2) The circumstances referred to in the preceding paragraph shall result in the holding of presidential elections.

 

Article 155, paragraph 1 states:

The election of a new President of the Republic in the event of death, permanent incapacitation, resignation or discharge, shall take place within the following ninety days…

 

Article 156 states:

(1) The permanent incapacitation of the President of the Republic shall be certified by a medical board, as defined by the law.

(2) The  permanent  incapacitation  of  the  President  of  the Republic  shall  be declared by the Constitutional Council.

(3) The Constitutional Council shall certify the death and the divestiture of office of the President of the Republic.

 

Article 177, paragraph 3 states:

Loss of office shall also occur in the event of any ineligibility existing  at  the date  of  the  elections  and  discovered  subsequently,  as  well  as  any  form  of incapacity prescribed by law.

 

Article 192, paragraph 2 states:

In the case of absence or disability of the President of the Assembly of the Republic, his functions shall be exercised by the Vice Presidents.

 

Article 221, paragraph 2 states:

The Superior Council of the Judiciary shall be presided over by the President of  the  Supreme  Court,  who  shall  be  substituted,  in  cases  of  absence  or disability, by the Vice President of the Supreme Court.

 

Article 244, paragraph 2 states:

The Constitutional Council shall also: …

(b)  pronounce  upon  the  permanent  incapacity  of  the  President  of  the Republic; c) verify the death and the divestiture of the President of the Republic…

 

Excerpts from the Constitution of the Republic of Mozambique (2004, last amended 2014)

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Article 16, paragraph 1 states:

The State shall ensure special protection to those who were disabled during the armed conflict that ended with the signing of the General Peace Agreement in 1992, as well as the orphans and other direct dependents.

 

Article 16, paragraph 2 states:

The State shall likewise protect those who have been disabled in the performance of public service or a humanitarian act.

 

Article 37 states:

Disabled citizens shall enjoy fully the rights enshrined in the Constitution and shall be subject to the same duties, except those which their disability prevents them from exercising or fulfilling.

 

Article 39 states:

All acts intended to undermine national unity, to disturb social harmony or to create divisions or situations of privilege or discrimination based on…physical or mental ability…shall be punished in terms of the law.

 

Article 95, paragraph 1 states:

All citizens shall have the right to assistance in the case of disability or old age.

 

Article 121, paragraph 2 states:

Children, in particular orphans and disabled and abandoned children, shall be protected by the family, by society and by the State against all forms of discrimination, ill treatment and the abusive use of authority within the family and in other institutions.

 

Article 125 states:

(1) The disabled shall have a right to special protection by the family, the society and the State.

(2) The State shall promote the creation of conditions for learning and developing sign language.

(3) The State shall promote the creation of conditions necessary for the economic and social integration of the disabled.

(4) The State shall promote, in cooperation with associations of the disabled and with private entities, a policy that will guarantee:

  • (a) the rehabilitation and integration of the disabled;
  • (b) the creation of appropriate conditions to prevent them from becoming socially isolated and marginalized;
  • (c) priority treatment of disabled citizens by public and private services;
  • (d) easy access to public spaces.

(5) The State shall encourage the establishment of associations of the disabled.

 

Excerpts from the Constitution of the Republic of Mozambique (2004, last amended 2014)

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Article 151 states:

(1) In the event of short-term disability or absence of the President of the Republic from the country, he shall be substituted by the President of the Assembly of the Republic or, in his absence, by his substitute…

(3) The Assembly of the Republic, the Constitutional Council and the Government shall  be  notified  immediately  of  any  short-term  disability  or  absence  of  the President of the Republic.

 

Article 152 states:

(1) The President of the Assembly of the Republic shall also assume the functions of the Head of State on an interim basis in the following circumstances: (a) in the event of death or permanent incapacitation, certified by a medical board…

(2) The circumstances referred to in the preceding paragraph shall result in the holding of presidential elections.

 

Article 155, paragraph 1 states:

The election of a new President of the Republic in the event of death, permanent incapacitation, resignation or discharge, shall take place within the following ninety days…

 

Article 156 states:

(1) The permanent incapacitation of the President of the Republic shall be certified by a medical board, as defined by the law.

(2) The  permanent  incapacitation  of  the  President  of  the Republic  shall  be declared by the Constitutional Council.

(3) The Constitutional Council shall certify the death and the divestiture of office of the President of the Republic.

 

Article 177, paragraph 3 states:

Loss of office shall also occur in the event of any ineligibility existing  at  the date  of  the  elections  and  discovered  subsequently,  as  well  as  any  form  of incapacity prescribed by law.

 

Article 192, paragraph 2 states:

In the case of absence or disability of the President of the Assembly of the Republic, his functions shall be exercised by the Vice Presidents.

 

Article 221, paragraph 2 states:

The Superior Council of the Judiciary shall be presided over by the President of  the  Supreme  Court,  who  shall  be  substituted,  in  cases  of  absence  or disability, by the Vice President of the Supreme Court.

 

Article 244, paragraph 2 states:

The Constitutional Council shall also: …

  • (b)  pronounce  upon  the  permanent  incapacity  of  the  President  of  the Republic;
  • (c) verify the death and the divestiture of the President of the Republic…

 

Excerpts from the Constitution of the Republic of Mozambique (2004, last amended 2014)