ORGANS OF STATE

                                         CHAPTER I. GENERAL PRINCIPLES

Article 107
1. Representative organs shall be chosen through elections in which all citizens shall have the right to participate.
2. The election of representative organs shall take place through universal, direct, secret, personal and periodic vote.

Article 108
1. Legally constituted political parties may participate in elections.
2. Political parties shall participate in the representative organs in accordance with the results of the elections.

Article 109
Organs of sovereign authority are the President of the Republic, the Assembly of the Republic, the Council of Ministers, the Courts and the Constitutional Council.

Article 110
The central organs of the State are the organs of sovereign authority, governmental organs taken as a whole, and such public institutions as are responsible for guaranteeing the precedence of national interests and the realization of a unitary State policy.

Article 111  
1. The central organs of the State shall, in general, have power to exercise sovereign functions, to regulate matters in accordance with the law, and to define national policies.
2. The central organs of the State shall have exclusive powers in the following matters: representation of the State, definition and organization of the territory, national defense, public order, supervision of borders, issuing currency, and diplomatic relations.

Article 112
1. The central organs of the State shall take action directly or through appointed heads of agents of the administration who shall supervise central activities within a particular territorial area.
2. The law shall determine the form, organization and powers of public administration.

Article 113
The representative of central authority at the provincial level is the Provincial Governor.

Article 114
1. The Provincial Government is the organ charged with ensuring the implementation, at the provincial level, of centrally defined government policies.
2. The Provincial Government shall be directed by the Provincial Governor.
3. Members of the Provincial Governments shall be appointed centrally.
4. The composition, powers and operation of Provincial Governments shall be defined by law.

Article 115
1. Democratic-representative organs may be set up at the provincial level.
2. The law shall regulate the organization, composition, powers and operation of the organs mentioned in the previous clause.

                              CHAPTER II. THE PRESIDENT OF THE REPUBLIC

Article 116
At the various territorial levels, local organs of the State shall guarantee that citizens may participate and decide on matters of interest to their respective communities.

Article 117
1. The President of the Republic is the head of State, embodying national unity representing the nation domestically and internationally, and overseeing the correct operation of the State organs.
2. The head of State shall be the guarantor of the Constitution.
3. The President of the Republic shall be the head of the Government.
4. The President of the Republic shall be the Commander-in-Chief of the armed and security forces.

Article 118
1. The President of the Republic shall be elected by direct universal suffrage and by personal and secret ballot.
2. The election of the President of the Republic shall take place on the basis of a majority vote system.
3. All Mozambican citizens may be candidates for the post of President of the Republic, provided that:
  1. they possess original nationality;
  2. they are children of parents who held original Mozambican nationality;
  3. they are at least 35 years of age;
  4. they are in full possession of their political and civic rights; and
  5. they have been proposed by at least 5,000 voters, of whom at least 200 must reside in each province.
4. The term of office of the President of the Republic shall be five years.
5. The President of the Republic may only be re-elected on two consecutive occasions.
6. A President of the Republic who has been re-elected on two consecutive occasions may only be a candidate for further presidential elections five years after the end of his last term of office.

Article 119
1. The candidate who receives more than half the votes cast shall be elected President of the Republic.
2. If no candidate obtains the necessary majority, there shall be a second ballot between the two candidates receiving the most votes.

Article 120
In his role as head of State, the President of the Republic shall have power to:
a) address the nation through messages and other communications;
b) inform the Assembly of the Republic every year on the general state of the nation;
c) decide on the holding of referenda on amendments to the Constitution or on matters of fundamental interest for the nation;
d) call general elections;
e) dissolve on a onetime basis the Assembly of the Republic if the Assembly does not approve the program of the government;
f) dismiss the other members of the government, if its program is rejected a second time by the Assembly of the Republic;
g) appoint the President and Deputy President of the Supreme Court, the President of the Constitutional Council, and the President of the Administrative Court;
h) appoint, exonerate and dismiss the Attorney-General and Deputy Attorney-General of the Republic;
i) grant pardons and commute sentences;
j) confer, within the terms of the law, titles, awards and distinctions.

Article 121
In the function of directing government activity, the President of the Republic shall have power to:
a) convene and preside at sessions of the Council of Ministers;
b) appoint, exonerate, and dismiss the Prime Minister;
c) establish ministries and ministerial commissions;
d) appoint, exonerate and dismiss:
  • Ministers and Deputy Ministers;
  • Provincial Governors;
  • Rectors and Deputy Rectors of State universities;
  • the Governor and Deputy Governor of the Bank of Mozambique;
  • Secretaries of State.
Article 122
In matters of national defense and public order, the President of the Republic shall have power to:
a) declare a state of war and its termination, a state of siege or a state of emergency;
b) make treaties;
c) decree general or partial mobilization;
d) appoint, exonerate and dismiss the Chief of the General Staff, the General Commander of the Police, the commanders of the various wings of the Armed Forces of Mozambique, and other officers of the defense and security forces in the terms established by law.

Article 123
In matters of international relations; the President of the Republic shall have power to:
a) guide foreign policy;
b) make international treaties;
c) appoint, exonerate and dismiss the ambassadors and diplomatic envoys of the Republic of Mozambique;
d) receive the credentials of ambassadors and diplomatic envoys of other countries.

Article 124
1. The President of the Republic shall have the power to promulgate laws and order their publication in the Boletim da Republica.
2. Laws shall be promulgated within 30 days of being received.
3. The President of the Republic may return a bill to the Assembly of the Republic for reexamination, giving reasons in a message to the Assembly.
4. Should the bill, under reexamination, be approved by a two-thirds majority, the President of the Republic shall promulgate it as law and order its publication.

Article 125
1. The President of the Republic shall be sworn into office by the President of the Supreme Court in a public ceremony before the members of the Assembly of the Republic and representatives of the organs of sovereign authority.
2. On assuming office, the President of the Republic shall take the following oath: "I do swear on my honor that I will faithfully carry out the task of President of the Republic of Mozambique, that I will dedicate all my efforts to the defense, promotion and consolidation of national unity, and to the wellbeing of the Mozambican people, and that I will ensure respect for the Constitution, and that justice is done for all citizens."

Article 126
1. The President of the Republic shall decide who will be his substitute in case of short-term disability or absence and who will represent him in carrying out specific activities.
2. If the period of disability exceeds 45 days, the President of the Assembly of the Republic shall act as substitute.

Article 127
1. In the event of the death, resignation or permanent incapacitation of the President of the Republic, his functions shall be assumed on an interim basis by the President of the Assembly of the Republic.
2. The President of the Assembly of the Republic shall assume office as interim President of the Republic before representatives of the organs of sovereign authority.
3. The Interim President of the Republic shall be sworn into office by the President of the Supreme Court.

Article 128
1. In the event of the death, resignation or permanent incapacitation of the head of State, the election of a new President of the Republic shall take place within 90 days thereof. The Interim President of the Republic shall be excluded from running as a candidate.
2. The new President of the Republic shall hold office until the next ordinary elections take place.

Article 129
1. The permanent incapacitation of the President of the Republic must be verified by a medical board as defined by law.
2. The permanent incapacitation of the President of the Republic shall be declared by the President of the Supreme Court.
3. The Supreme Court shall verify the death and the divestiture of the office of the President of the Republic.

Article 130
1. During the period in which the office of the President of the Republic is vacant, the Constitution may not be altered.
2. The Interim President of the Republic shall guarantee the functioning of the organs of the State and all other institutions, but may not exercise the powers referred to in article 120, lines b), c), e), f), g), and h), in article 121, lines b), c), and d), in article 122, line e), and in article 123, line c).

Article 131
Regulatory acts of the President of the Republic shall take the form of presidential decrees. Other decisions arising from the President's constitutional powers shall take the form of presidential orders. Both are to be published in the Boletim da Republica.

Article 132
1. The President of the Republic shall enjoy immunity from civil and criminal proceedings with respect to actions taken in the discharge of his duties.
2. During the term of his office the President of the Republic may not be sued in court for actions taken outside the discharge of his duties.